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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of a birthing facility conducting newborn |
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screening tests; creating an administrative and civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Mallori's Act. |
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SECTION 2. Subchapter B, Chapter 33, Health and Safety |
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Code, is amended by adding Section 33.0113 to read as follows: |
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Sec. 33.0113. REQUIRED DISCLOSURE BEFORE DISCHARGE OF |
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NEWBORN. (a) Before a birthing facility discharges a newborn |
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subjected to screening tests under Section 33.011 from the |
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facility, the facility shall inform the parent, managing |
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conservator, or guardian of the newborn of any risks associated |
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with discharging the newborn before the analysis of the screening |
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test specimen is complete. |
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(b) The department shall develop a standard informational |
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form for use under this section. |
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SECTION 3. Subchapter B, Chapter 33, Health and Safety |
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Code, is amended by adding Section 33.020 to read as follows: |
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Sec. 33.020. VIOLATION; ADMINISTRATIVE AND CIVIL PENALTY. |
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(a) A birthing facility shall complete the test required under |
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Section 33.011 and deliver the test results to the parent, managing |
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conservator, or guardian within 24 hours. |
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(b) The commission may impose an administrative penalty |
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against a birthing facility that violates Subsection (a) in an |
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amount determined by the commission in accordance with commission |
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rules. |
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(c) If a violation under Subsection (a) results in serious |
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bodily injury or death of the newborn, the violation is punishable |
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by a civil penalty of not less than $500,000. |
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(d) The attorney general or a district attorney may bring an |
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action to recover a civil penalty imposed under Subsection (c). The |
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attorney general or a district attorney may recover reasonable |
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attorney's fees and litigation costs incurred in bringing the |
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action. |
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SECTION 4. Section 33.0113, Health and Safety Code, as |
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added by this Act, applies only to an infant who is discharged from |
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a birthing facility on or after the effective date of this Act. |
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SECTION 5. 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, 2023. |