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PARKLAND HEALTHfirst - Parkland Community Health Plan, Inc.

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3) by the director to the employee affected.<br />

A person notified of possible exposure under this section shall maintain the confidentiality of the information as<br />

provided by this chapter.<br />

A person is not liable for good faith compliance with this section.<br />

This section does not create a duty for a hospital to perform a test that is not necessary for the medical<br />

management of the person delivered to the hospital.<br />

Acts 1989, 71 st Leg., ch 678,Section 1,effective September 1, 1989<br />

Section 81.051. Partner Notification Programs; HIV Infection<br />

The department shall establish programs for partner notification and referral services.<br />

The partner notification services offered by health care providers participating in a program shall be made<br />

available and easily accessible to all persons with clinically validated HIV positive status.<br />

If a person with HIV infection voluntary discloses the name of a partner, that information is confidential.<br />

Partner names can be used only for field investigation and notification.<br />

An employee of a Partner Notification Program shall make the notice. The employee shall inform the person<br />

who is named as a partner of the:<br />

1) methods of transmission and prevention of HIV infection;<br />

2) phone numbers and addresses of HIV antibody testing sites; and<br />

3) existence of local HIV support groups, mental health services, and medical facilities.<br />

The employee can not disclose:<br />

1) the name of or other identifying information concerning the identity of the person who gave the partner’s<br />

name;<br />

2) the date or period of the partner’s exposure.<br />

If the person with HIV infection also makes the notification, the person should provide the information<br />

necessary.<br />

A Partner Notification Program shall be carried out as follows:<br />

1) A Partner Notification Program shall make the notification of a partner of a person with HIV infection in the<br />

manner authorized by this section regardless of whether the person with HIV infection who gave the<br />

partner’s name consents to the notification<br />

2) A health care professional shall notify the Partner Notification Program when the health care professional<br />

knows the HIV positive status of a patient, and the health care professional has actual knowledge of possible<br />

transmission of HIV to a third party. Such notice shall be carried out in the manner authorized in this section<br />

and Section 81.103.<br />

A health care professional who fails to make the notice is immune from civil or criminal liability for failure to<br />

make that notice.<br />

A Partner Notification Program shall provide counseling, testing, or referral services to a person with HIV<br />

infection regardless of whether the person discloses the names of any partners.<br />

114

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