C.S.S.B. 1148 78(R)    BILL ANALYSIS


C.S.S.B. 1148
By: Shapleigh
Public Health
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, hospitals and birthing centers are not required to provide
immunization information to a child's mother or guardian following the
child's birth.  C.S.S.B. 1148 requires  hospitals and birthing centers to
provide an immunization pamphlet to each child's parent or guardian
following the child's birth and before the child is discharged.  

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.S.B. 1148 requires the birthing center or hospital, before a newborn
child is discharged after birth from a birthing center licensed under
Chapter 244 (Birthing Centers) or a hospital, to provide to the child's
parent, managing conservator, or guardian an informational pamphlet
describing immunizations available to protect the child from disease.
Requires a physician or certified nurse-midwife that attends the birth of
a child outside of a birthing center or hospital to provide the pamphlet
to the child's parent, managing conservator, or guardian as soon as
practicable following the birth of the child.  Requires an employee or
volunteer of the birthing center or hospital, the physician, the certified
nurse-midwife, or an employee or volunteer on behalf of the physician or
certified nurse-midwife to personally deliver the pamphlet to the child's
parent, managing conservator, or guardian.  The Texas Department of Health
is required to develop the informational pamphlet and it must describe
various topics.  TDH shall distribute the informational pamphlet available
to hospitals having a maternity unit, birthing center, physicians, and
certified nurse-midwives.   
  
C.S.S.B. 1148 requires the Office of Early Childhood Coordination of the
Health and Human Services Commission to coordinate funding for the
development, publication, and distribution of the informational pamphlet.
Authorizes the development, publication, and distribution of the pamphlet
to be funded through means other than appropriations, which may include
gifts and grants and sale of sponsorship or advertising. 

Requires TDH, not later than January 1, 2004, shall make available the
informational pamphlet described by Section 161.0045, Health and Safety
Code, as added by this Act.  Authorizes TDH, in developing the
informational pamphlet, to consider material contained in informational
pamphlets previously prepared by TDH and use information previously
compiled and available to TDH. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 
         
COMPARISON OF ORIGINAL TO SUBSTITUTE
 
The substitute allows a hospital or birthing center to use an alternative
pamphlet, rather than the TDH pamphlet, that provides basic immunization
information and moves the requirement that a hospital or birthing center
show compliance.