Bill Text: TX HB740 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to newborn screening for critical congenital heart disease and other disorders.
Spectrum: Slight Partisan Bill (Republican 17-10)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB740 Detail]
Download: Texas-2013-HB740-Enrolled.html
H.B. No. 740 |
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relating to newborn screening for critical congenital heart disease | ||
and other disorders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Taryn Kennedy, | ||
Nash Sievers, and Rex Van de Putte Act. | ||
SECTION 2. Section 33.001, Health and Safety Code, is | ||
amended by amending Subdivision (1) and adding Subdivisions (1-a) | ||
and (1-b) to read as follows: | ||
(1) "Birthing facility" means an inpatient or | ||
ambulatory health care facility that offers obstetrical or newborn | ||
care services. The term includes: | ||
(A) a hospital licensed under Chapter 241 that | ||
offers obstetrical services; | ||
(B) a birthing center licensed under Chapter 244; | ||
(C) a children's hospital; or | ||
(D) a facility that provides obstetrical | ||
services and is maintained and operated by this state or an agency | ||
of this state. | ||
(1-a) "Critical congenital heart disease" means an | ||
abnormality in the structure or function of the heart that exists at | ||
birth, causes severe, life-threatening symptoms, and requires | ||
medical intervention within the first few hours, days, or months of | ||
life. | ||
(1-b) "Heritable disease" means an inherited disease | ||
that may result in mental or physical retardation or death. | ||
SECTION 3. Section 33.011, Health and Safety Code, is | ||
amended by amending Subsections (a), (a-1), and (c) and adding | ||
Subsections (d), (e), and (f) to read as follows: | ||
(a) The physician attending a newborn child or the person | ||
attending the delivery of a newborn child that is not attended by a | ||
physician shall cause the child to be subjected [ |
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to screening tests approved by the department for phenylketonuria, | ||
other heritable diseases, hypothyroidism, and other disorders for | ||
which screening is required by the department. | ||
(a-1) Except as provided by this subsection and to the | ||
extent funding is available for the screening, the department shall | ||
require newborn screening tests to screen for disorders listed as | ||
core and secondary conditions in the December 2011 Recommended | ||
Uniform Screening Panel of the Secretary's Advisory Committee on | ||
Heritable Disorders in Newborns and Children [ |
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to provide more stringent newborn screening guidelines to protect | ||
the health and welfare of this state's newborns. The department, | ||
with the advice of the Newborn Screening Advisory Committee, may | ||
require additional newborn screening tests under this subsection to | ||
screen for other disorders or conditions. The department may | ||
exclude from the newborn screening tests required under this | ||
subsection screenings for galactose epimerase and galactokinase. | ||
(c) Except as provided by Subsection (d), the [ |
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screening tests required by this section must be performed by the | ||
laboratory established by the department or by a laboratory | ||
approved by the department under Section 33.016. | ||
(d) The department, with the advice of the Newborn Screening | ||
Advisory Committee, shall authorize a screening test for critical | ||
congenital heart disease to be performed at a birthing facility | ||
that provides care to newborn patients and that complies with the | ||
test procedures and the standards of accuracy and precision | ||
required by the department for each screening test. | ||
(e) If the department under Subsection (d) authorizes the | ||
performance at a birthing facility of a screening test for critical | ||
congenital heart disease, a birthing facility must perform the | ||
screening test on each newborn who is a patient of the facility | ||
before the newborn is discharged from the facility unless: | ||
(1) the parent declines the screening; | ||
(2) the newborn is transferred to another facility | ||
before the screening test is performed; | ||
(3) the screening test has previously been completed; | ||
or | ||
(4) the newborn is discharged from the birthing | ||
facility not more than 10 hours after birth and a referral for the | ||
newborn was made to another birthing facility, physician, or health | ||
care provider. | ||
(f) Before requiring any additional screening test for | ||
critical congenital heart disease, the department must review the | ||
necessity of the additional screening test, including an assessment | ||
of the test implementation costs to the department, birthing | ||
facilities, and other health care providers. | ||
SECTION 4. Section 33.0111, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), and (f) and adding | ||
Subsection (h) to read as follows: | ||
(a) The department shall develop a disclosure statement | ||
that clearly discloses to the parent, managing conservator, or | ||
guardian of a newborn child subjected to screening tests under | ||
Section 33.011: | ||
(1) that the department or a laboratory established or | ||
approved by the department under Section 33.016 may retain for use | ||
by the department or laboratory genetic material used to conduct | ||
the newborn screening tests and discloses how the material is | ||
managed and used subject to this section and Sections 33.0112 and | ||
33.018 [ |
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(2) that reports, records, and information obtained by | ||
the department under this chapter that do not identify a child or | ||
the family of a child will not be released for public health | ||
research purposes under Section 33.018(c-1) [ |
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parent, managing conservator, or guardian of the child consents to | ||
disclosure; and | ||
(3) that newborn screening blood spots and associated | ||
data are confidential under law and may only be used as described by | ||
Section 33.018 [ |
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(b) The disclosure statement required by Subsection (a) | ||
must be included on the form developed by the department to inform | ||
parents about newborn screening. The disclosure statement must: | ||
(1) be in a format that allows a parent, managing | ||
conservator, or guardian of a newborn child to consent to | ||
disclosure under Section 33.018(c-1) [ |
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(2) include instructions on how to complete the | ||
portions of the form described by Subdivision (1); | ||
(3) include the department's mailing address; and | ||
(4) describe how a parent, managing conservator, or | ||
guardian of a newborn child may obtain information regarding | ||
consent through alternative sources. | ||
(f) This section does not supersede the requirements | ||
imposed by Section 33.018 [ |
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(h) Nothing in this section prohibits a physician attending | ||
a newborn child from delegating the physician's responsibilities | ||
under this section to any qualified and properly trained person | ||
acting under the physician's supervision. | ||
SECTION 5. Section 33.015(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Each physician, health authority, birthing facility, or | ||
other individual who has the information of a confirmed case of a | ||
disorder for which a screening test is required that has been | ||
detected by a mechanism other than identification through a | ||
screening of a specimen by the department's diagnostic laboratory | ||
shall report the confirmed case to the department. | ||
SECTION 6. Sections 33.017(b) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(b) The advisory committee consists of members appointed by | ||
the commissioner of state health services. The advisory committee | ||
must include the following members: | ||
(1) at least four physicians licensed to practice | ||
medicine in this state, including at least two physicians | ||
specializing in neonatal-perinatal medicine [ |
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(2) at least two [ |
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(3) at least two persons who have family members | ||
affected by a condition for which newborn screening is or may be | ||
required under this subchapter; and | ||
(4) at least two health care providers [ |
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are involved in the delivery of newborn screening services, | ||
follow-up, or treatment in this state. | ||
(c) The advisory committee shall: | ||
(1) advise the department regarding strategic | ||
planning, policy, rules, and services related to newborn screening | ||
and additional newborn screening tests for each disorder included | ||
in the list described by Section 33.011(a-1); and | ||
(2) review the necessity of requiring additional | ||
screening tests, including an assessment of the test implementation | ||
costs to the department, birthing facilities, and other health care | ||
providers. | ||
SECTION 7. Section 33.0111(g), Health and Safety Code, is | ||
repealed. | ||
SECTION 8. As soon as practicable after the effective date | ||
of this Act, the Department of State Health Services shall | ||
implement the changes in law made by this Act to the newborn | ||
screening program under Chapter 33, Health and Safety Code. | ||
SECTION 9. (a) The change in law made by this Act in | ||
amending Section 33.017, Health and Safety Code, regarding the | ||
qualifications of members of the Newborn Screening Advisory | ||
Committee does not affect the entitlement of a member serving on the | ||
committee immediately before the effective date of this Act to | ||
continue to serve as a member of the committee for the remainder of | ||
the member's term. The change in law applies only to a member | ||
appointed on or after the effective date of this Act. | ||
(b) As soon as practicable after the effective date of this | ||
Act, the commissioner of state health services shall appoint the | ||
additional committee members required by Section 33.017, Health and | ||
Safety Code, as amended by this Act. | ||
SECTION 10. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 740 was passed by the House on April | ||
24, 2013, by the following vote: Yeas 141, Nays 2, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 740 on May 15, 2013, by the following vote: Yeas 143, Nays 1, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 740 was passed by the Senate, with | ||
amendments, on May 13, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |