| (a) A person indicted for, or who waives indictment for, an offense under the Texas Penal Code, §§21.02, 21.11(a)(1), 22.011, or 22.021, shall, at direction of the court on the court's own motion or on request of the victim of the alleged offense, undergo a standard diagnostic test for HIV and other sexually transmitted diseases. The standard diagnostic test shall be a type approved by the United States Food and Drug Administration for testing for those diseases. On request of the victim of the alleged offense, the court shall order the defendant to undergo the test not later than 48 hours after an indictment for the offense is presented against the defendant, or not later than 48 hours after the defendant waives indictment. The Texas Code of Criminal Procedure, Article 21.31, provides procedures for situations where the defendant cannot be located within that 48-hour period, as well as procedures for any subsequent testing after a conviction, or as otherwise necessary following an initial positive result. (b) A person indicted for, or who waives indictment for, an offense under the Texas Penal Code, §22.11, shall, at direction of the court on the court's own motion or on request of the victim of the alleged offense, undergo a diagnostic test for HIV, Hepatitis A, Hepatitis B, Tuberculosis, or any other disease listed as reportable under Texas Health and Safety Code, §81.048. On request of the victim of the alleged offense, the court shall order the defendant to undergo the test not later than 48 hours after an indictment for the offense is presented against the defendant, or not later than 48 hours after the defendant waives indictment. The Texas Code of Criminal Procedure, Article 21.31, provides procedures for situations where the defendant cannot be located within that 48-hour period, as well as procedures for any subsequent testing after a conviction, or as otherwise necessary following an initial positive result. The person charged with the offense shall pay the costs of testing under this subsection. (c) A hospital shall perform the medical procedure or test on a person if a court so orders, as required in Texas Health and Safety Code, §81.094. All aspects of testing, whether performed in a hospital or not, under this section must be conducted in accordance with the Centers for Disease Control and Prevention (CDC) Sexually Transmitted Diseases Treatment Guidelines and with other applicable CDC and department testing guidelines and in accordance with state and federal confidentiality requirements (note that Texas Code of Criminal Procedure, Article 21.31, allows certain specific disclosures). (d) The person performing the procedure or test under this section shall timely submit the test results to the local health authority, following which that local health authority must timely notify the victim of the alleged offense, and the person charged with the offense, of the test result. |
| Source Note: The provisions of this §97.138 adopted to be effective March 16, 1994, 19 TexReg 1453; amended to be effective March 20, 2003, 28 TexReg 2335; amended to be effective December 4, 2008, 33 TexReg 9693; amended to be effective August 15, 2010, 35 TexReg 6829 |
