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A BILL TO BE ENTITLED
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AN ACT
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relating to information regarding spina bifida. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter W, Chapter 161, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER W. INFORMATION REGARDING DOWN SYNDROME AND SPINA BIFIDA |
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SECTION 2. Section 161.651, Health and Safety Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Spina bifida" means a neural tube defect, the |
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most common of which is the open neural tube defect |
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myelomeningocele. |
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SECTION 3. The heading to Section 161.652, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.652. INFORMATION REGARDING DOWN SYNDROME AND SPINA |
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BIFIDA. |
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SECTION 4. Sections 161.652(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The department shall make available information |
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regarding Down syndrome and spina bifida that includes: |
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(1) information addressing physical, developmental, |
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educational, and psychosocial outcomes, life expectancy, clinical |
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course, and intellectual and functional development for |
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individuals with Down syndrome and individuals with spina bifida; |
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(2) information regarding available treatment options |
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for individuals with Down syndrome and individuals with spina |
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bifida; |
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(3) contact information for any national and local |
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Down syndrome and spina bifida education and support programs, |
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services, and organizations, including organizations in Houston, |
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Dallas, San Antonio, and Austin, and information hotlines, resource |
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centers, and clearinghouses; and |
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(4) any other information required by the department. |
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(b) The information described by Subsection (a) must be: |
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(1) current, evidence-based information that: |
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(A) has been reviewed by medical experts and the |
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local Down syndrome and spina bifida organizations; and |
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(B) does not explicitly or implicitly present |
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pregnancy termination as an option when a prenatal test indicates |
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that the unborn child has Down syndrome or spina bifida; and |
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(2) published in English and Spanish. |
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SECTION 5. Sections 161.653(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) A health care provider who administers or causes to be |
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administered a test for Down syndrome or spina bifida or who |
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initially diagnoses a child with Down syndrome or spina bifida |
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shall provide the information described by Section 161.652 to: |
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(1) expectant parents who receive a prenatal test |
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result indicating a probability or diagnosis that the unborn child |
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has Down syndrome or spina bifida; or |
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(2) a parent of a child who receives: |
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(A) a test result indicating a probability or |
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diagnosis that the child has Down syndrome or spina bifida; or |
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(B) a diagnosis of Down syndrome or spina bifida. |
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(b) In addition to providing the information described by |
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Subsection (a), a health care provider may provide additional |
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information about Down syndrome or spina bifida that is current and |
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evidence-based and has been reviewed by medical experts and |
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national Down syndrome or spina bifida organizations, as |
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applicable. |
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SECTION 6. (a) The Department of State Health Services |
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shall make available the information described by 161.652, Health |
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and Safety Code, as amended by this Act, not later than January 1, |
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2018. |
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(b) A health care provider is not required to comply with |
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Section 161.653, Health and Safety Code, as amended by this Act, |
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before February 1, 2018. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |