BILL ANALYSIS

C.S.H.B. 4960

By: Patterson

Public Health

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Concerns have been raised about the lack of communication regarding the risks of impaired fertility due to the effects of receiving chemotherapy or radiation to treat cancer after the child of a constituent in House District 106 was impaired in such a manner. C.S.H.B. 4960 seeks to resolve the issue by requiring a health care facility to notify the parents or legal guardians of children receiving chemotherapy or radiation of the risks of impaired fertility prior to treatment. The bill also requires the Department of State Health Services to develop and make available a written notice for a health care facility for the purpose of notifying the parents or legal guardians.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4960 amends the Health and Safety Code to require a health care facility at which a child will begin receiving chemotherapy or radiation that may directly or indirectly cause impaired fertility to, before the treatment begins, notify the child's parents or legal guardians of the risk of impaired fertility from treatment. The bill requires the Department of State Health Services to develop and make available a written notice for a health care facility for the purpose of notifying the child's parents or legal guardian. The bill applies only to a child who will begin chemotherapy or radiation on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4960 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced required a health care facility at which a child begins receiving chemotherapy or radiation that may cause impaired fertility to notify the child and the child's parents or legal guardians of the risk of impaired fertility, the substitute requires the health care facility to notify only the child's parents or legal guardians of the risk.