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A BILL TO BE ENTITLED
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AN ACT
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relating to newborn screening for congenital heart defects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 33, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 33. PHENYLKETONURIA, OTHER HERITABLE DISEASES, |
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HYPOTHYROIDISM, CONGENITAL HEART DEFECTS, AND CERTAIN OTHER |
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DISORDERS |
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SECTION 2. Section 33.001, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (1-a) |
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and (4-a) to read as follows: |
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(1) "Congenital heart defect" means a structural |
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abnormality of the heart that is present at birth. |
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(1-a) "Heritable disease" means an inherited disease |
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that may result in mental or physical retardation or death. |
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(4-a) "Pulse oximetry screening test" means a |
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noninvasive test that estimates the percentage of hemoglobin in |
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blood that is saturated with oxygen. |
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SECTION 3. Sections 33.002(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The department shall carry out a program to combat |
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morbidity, including mental retardation, and mortality in persons |
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who have phenylketonuria, other heritable diseases, [or] |
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hypothyroidism, or congenital heart defects. |
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(c) The department shall establish and maintain a |
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laboratory to: |
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(1) conduct experiments, projects, and other |
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activities necessary to develop screening or diagnostic tests for |
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the early detection of phenylketonuria, other heritable diseases, |
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[and] hypothyroidism, and congenital heart defects; |
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(2) develop ways and means or discover methods to be |
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used to prevent or treat phenylketonuria, other heritable diseases, |
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[and] hypothyroidism, and congenital heart defects; and |
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(3) serve other purposes considered necessary by the |
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department to carry out the program. |
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SECTION 4. Section 33.011, Health and Safety Code, is |
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amended by amending Subsections (a) and (c) and adding Subsection |
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(d) to read as follows: |
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(a) The physician attending a newborn child or the person |
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attending the delivery of a newborn child that is not attended by a |
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physician shall subject the child to: |
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(1) screening tests approved by the department for |
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phenylketonuria, other heritable diseases, hypothyroidism, and |
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other disorders for which screening is required by the department; |
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and |
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(2) a pulse oximetry screening test for congenital |
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heart defects if the child is attended by the physician or person at |
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a birthing facility. |
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(c) Except for the pulse oximetry screening test required by |
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Subsection (a)(2), the [The] screening tests required by this |
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section must be performed by the laboratory established by the |
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department or by a laboratory approved by the department under |
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Section 33.016. |
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(d) In this section, "birthing facility" means an inpatient |
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or ambulatory health care facility that offers obstetrical and |
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newborn care services. The term includes: |
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(1) a hospital licensed under Chapter 241 that offers |
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obstetrical services; |
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(2) a birthing center licensed under Chapter 244; |
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(3) a children's hospital licensed by the department; |
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or |
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(4) a facility maintained and operated by the |
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department. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the Department of State Health Services shall |
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implement the changes in law made by this Act to the newborn |
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screening program under Chapter 33, Health and Safety Code. |
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SECTION 6. This Act takes effect September 1, 2013. |