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Texas Health & Safety Code for HIV Disclosure

Human immunodeficiency virus (HIV) is identified as a reportable disease in Section 81.041(e) of the Texas Health & Safety Code. Section 81.046 of the code protects the confidentiality of any report about a communicable disease. (Reference 1)

  1. Background

    • Texas enacted the Communicable Disease Prevention and Control Act in 1989 to protect public health. The act establishes preventive health measures and a comprehensive system for reporting and managing information related to communicable diseases. (Reference 1)

    Mandatory Reporters

    • The law requires certain individuals to report HIV infection to the local health department. These individuals include health professionals, school authorities, administrators of care facilities, parents and others. (Reference 1)

    Disclosure to Infected Person

    • The individual who informs someone of positive HIV status must provide an opportunity for immediate face-to-face counseling. The counseling explains the test result, offers resources and provides information to prevent transmission of the disease. (Reference 2)

    Partner Notification

    • The law does not require you to notify partners, but it does establish programs that will provide anonymous partner notification for infected persons who choose to disclose their partners. (Reference 1) Your health department will help you notify partners or notify them for you. (Reference 3)

    Warning

    • If someone required to report communicable diseases fails to report HIV, the person is guilty of a criminal offense. (Reference 1)

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