SRC-TJG S.B. 1148 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1148
78R8372 DLF-DBy: Shapleigh
Health & Human Services
3/31/2003
As Filed


DIGEST 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.  As proposed, S.B. 1148 mandates hospitals and birthing
centers to provide an immunization pamphlet developed by the Texas
Department of Health to each child's parent or guardian following the
child's birth and before the child is discharged.  Hospitals and birthing
centers will be mandated to show compliance for licensure.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 161A, Health and Safety Code, by adding Section
161.0045, as follows: 

Sec. 161.0045.  INFORMATION ON IMMUNIZATION OF CHILDREN; DUTIES OF
HOSPITALS AND BIRTHING CENTERS.  (a) 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. 

(b) Requires the Texas Department of Health (TDH) to develop the
informational pamphlet required by this section. 

(c) Requires the informational pamphlet to describe certain topics.

(d)  Requires TDH to make the informational pamphlet available to
hospitals having a maternity unit, birthing center, physicians, and
certified nurse-midwives. 

(e) 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. 

SECTION 2.  Amends Chapter 241B, Health and Safety Code, by adding Section
241.029, as follows: 
 
Sec. 241.029.  INFORMATION ON IMMUNIZATION OF CHILDREN; DUTY OF HOSPITAL.
Requires a hospital to comply with Section 161.0045. 

SECTION 3.  Amends Chapter 244, Health and Safety Code, by adding Section
244.0104, as follows: 

Sec. 244.0104.  INFORMATION ON IMMUNIZATION OF CHILDREN; DUTY OF BIRTHING
CENTER.  Requires a birthing center to comply with Section 161.0045. 

SECTION 4.  Amends Section 531.285, Government Code, by adding Subsection
(d), to require the Office of Early Childhood Coordination to coordinate
funding for the development, publication, and distribution of the
informational pamphlet relating to immunization of children as required by
Section 161.0045, Health and Safety Code. 

SECTION 5.  Requires TDH, not later than January 1, 2004, to 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. 

SECTION 6.  Effective date: upon passage or September 1, 2003.