88R22631 MPF-F

By: Toth H.B. No. 3212

Substitute the following for H.B. No. 3212:

By: Klick C.S.H.B. No. 3212

A BILL TO BE ENTITLED

AN ACT

relating to newborn screening tests.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as Mallori's Act.

SECTION 2. Section 33.011, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) A laboratory or facility established or approved by the department to perform newborn screening tests required by this section must perform screening tests seven days a week.

SECTION 3. Subchapter B, Chapter 33, Health and Safety Code, is amended by adding Section 33.0113 to read as follows:

Sec. 33.0113. REQUIRED DISCLOSURES BEFORE DISCHARGE OF NEWBORN. Before a birthing facility discharges a newborn from the facility, the facility shall orally inform the parent, managing conservator, or guardian of the newborn of:

(1) any risks associated with failure to perform a screening test under Section 33.011; and

(2) the importance of the parent, managing conservator, or guardian receiving and reviewing in a timely manner the results of a screening test specimen analysis.

SECTION 4. Section 161.501(a), Health and Safety Code, is amended to read as follows:

(a) A hospital, birthing center, physician, nurse midwife, or midwife who provides prenatal care to a pregnant woman during gestation or at delivery of an infant shall:

(1) provide the woman and the father of the infant, if possible, or another adult caregiver for the infant, with a resource pamphlet that includes:

(A) a list of the names, addresses, and phone numbers of professional organizations that provide postpartum counseling and assistance to parents relating to postpartum depression and other emotional trauma associated with pregnancy and parenting;

(B) information regarding the prevention of shaken baby syndrome including:

(i) techniques for coping with anger caused by a crying baby;

(ii) different methods for preventing a person from shaking a newborn, infant, or other young child;

(iii) the dangerous effects of shaking a newborn, infant, or other young child; and

(iv) the symptoms of shaken baby syndrome and who to contact, as recommended by the American Academy of Pediatrics, if a parent suspects or knows that a baby has been shaken in order to receive prompt medical treatment;

(C) a list of diseases for which a child is required by state law to be immunized and the appropriate schedule for the administration of those immunizations;

(D) the appropriate schedule for follow-up procedures for newborn screening and information regarding:

(i) any risks associated with failure to perform a newborn screening test under Section 33.011; and

(ii) the importance of the woman and father of the infant, or another adult caregiver for the infant, receiving and reviewing in a timely manner the results of a screening test specimen analysis;

(E) information regarding sudden infant death syndrome, including current recommendations for infant sleeping conditions to lower the risk of sudden infant death syndrome;

(F) educational information in both English and Spanish on:

(i) pertussis disease and the availability of a vaccine to protect against pertussis, including information on the Centers for Disease Control and Prevention recommendation that parents receive Tdap during the postpartum period to protect newborns from the transmission of pertussis; and

(ii) the incidence of cytomegalovirus, birth defects caused by congenital cytomegalovirus, and available resources for the family of an infant born with congenital cytomegalovirus; and

(G) the danger of heatstroke for a child left unattended in a motor vehicle;

(2) if the woman is a recipient of medical assistance under Chapter 32, Human Resources Code, provide the woman and the father of the infant, if possible, or another adult caregiver with a resource guide that includes information in both English and Spanish relating to the development, health, and safety of a child from birth until age five, including information relating to:

(A) selecting and interacting with a primary health care practitioner and establishing a "medical home" for the child;

(B) dental care;

(C) effective parenting;

(D) child safety;

(E) the importance of reading to a child;

(F) expected developmental milestones;

(G) health care resources available in the state;

(H) selecting appropriate child care; and

(I) other resources available in the state;

(3) document in the woman's record that the woman received the resource pamphlet described in Subdivision (1) and the resource guide described in Subdivision (2), if applicable; and

(4) retain the documentation for at least five years in the hospital's, birthing center's, physician's, nurse midwife's, or midwife's records.

SECTION 5. (a) Not later than September 1, 2023, the Department of State Health Services shall include the information required by Section 161.501(a)(1)(D), Health and Safety Code, as amended by this Act, in the informational materials required by that section.

(b) Notwithstanding Section 161.501(a)(1)(D), Health and Safety Code, as amended by this Act, a hospital, birthing center, physician, nurse midwife, or midwife who provides prenatal care to a pregnant woman during gestation or at delivery of an infant is not required to comply with that provision until September 1, 2023.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.