C.S.H.B. 341 78(R)    BILL ANALYSIS


C.S.H.B. 341
By: Uresti
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Several physical and psychological health risks are associated  with
pregnancy, childbirth, and the postpartum period.  It has been documented
that postpartum depression, a mood disorder that begins after childbirth,
affects approximately 15% of all childbearing women.  Such disorders may
be treated with therapy and support networks.  The purpose of C.S.H.B. 341
is to provide women undergoing prenatal care with a means to access
organizations that provide counseling to assist them in dealing with
postpartum depression or to provide other needed assistance. 

RULEMAKING AUTHORITY

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

ANALYSIS

C.S.H.B. 341 requires a hospital, birthing center, physician, or midwife
providing prenatal care to a pregnant woman during gestation or at
delivery of an infant to provide the woman with a resource list of the
names, addresses, and phone numbers of professional organizations that
provide postpartum counseling and assistance to parents.  A signed
acknowledgment of the woman's receipt of the list must be retained in the
medical records for at least three years.  A hospital, birthing center,
physician, or midwife is presumed to have complied with these requirements
if the woman received prior prenatal care from another hospital, birthing
center, physician, or midwife in this state during the same pregnancy. 

C.S.H.B. 341 requires the Texas Department of Health (TDH) to establish
guidelines for the provision of the information described above, and to
make available on the TDH website, updated monthly, a printable list of
professional organizations that provide postpartum counseling and
assistance to parents. 

C.S.H.B. 341 also makes it disciplinary offense if a hospital, birthing
center, physician, or midwife fails to provide the resource list or
maintain the signed acknowledgment as required by the bill. 

EFFECTIVE DATE

The Act takes effect on September 1, 2003; except that the disciplinary
provisions referenced above do not take effect until January 1, 2005.  TDH
is required to establish guidelines and compile the required resource list
not later than January 1, 2004. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill applied only to a physician or midwife.  The substitute
applies to a hospital, birthing center, physician, or midwife. 

The original bill did not include a requirement for a signed
acknowledgment of receipt of the list that must be maintained for three
years.  The substitute includes such a provision. 

The disciplinary provisions in the original bill related solely to a
physician or midwife.  The  substitute includes disciplinary provisions
for a hospital, birthing center, physician, or midwife for failing to
comply with the requirements of the bill.