HBA-DMH H.B. 1239 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1239 By: Wilson Public Health 3/6/2001 Introduced BACKGROUND AND PURPOSE Under current law, a newborn screening blood test is required. The newborn screening program takes a tiny blood sample from a baby's heel shortly after birth and tests for five disorders which, if not treated early, can cause severe mental retardation, illness, or death. Newborn screening samples contain a wealth of information and could be retained for DNA screening, forensic identification, or medical research. House Bill 1239 requires the retention of newborn screening blood specimens, and provides that such specimens are to remain confidential unless needed by a law enforcement agency. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority expressly delegated to the Texas Department of Health in SECTION 1 (Section 33.017, Health and Safety Code) of this bill. ANALYSIS House Bill 1239 amends the Health and Safety Code to require the Texas Department of Health (TDH) to retain, in a secure location, a newborn screening test blood specimen (blood specimen). The bill prohibits TDH from destroying a blood specimen. The bill authorizes a law enforcement agency to access a blood specimen only if the law enforcement agency has obtained a court order issued by a court only for law enforcement purposes. The bill prohibits TDH from allowing a person access to a blood specimen for any other reason. The bill provides that a blood specimen retained by TDH is confidential and is not subject to disclosure according to open records laws. The bill provides that a person commits a misdemeanor if the person knowingly discloses a blood specimen in violation of the provisions of the bill, and sets forth punishments associated with the misdemeanor. The bill requires TDH to adopt rules to implement provisions relating to the retention of and access to blood specimens. EFFECTIVE DATE January 1, 2002.