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79R4083 YDB-D

By:  Crownover                                                    H.B. No. 790



A BILL TO BE ENTITLED

AN ACT

relating to the equipment and employees necessary for the conduct 
of newborn screening by the Department of State Health Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Chapter 33, Health and Safety 
Code, is amended to read as follows:

CHAPTER 33. PHENYLKETONURIA, OTHER HERITABLE DISEASES, [AND] 
HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS
	SECTION 2.  Subchapter A, Chapter 33, Health and Safety 
Code, is amended by adding Section 33.004 to read as follows:
	Sec. 33.004.  EQUIPMENT AND EMPLOYEES.  The department 
shall obtain the use of equipment, including tandem mass 
spectrometers, and hire employees necessary to administer this 
chapter.
	SECTION 3.  Section 33.011(a), Health and Safety Code, is 
amended to read as follows:
	(a)(1)  The physician attending a newborn child or the person 
attending the delivery of a newborn child that is not attended by a 
physician shall subject the child to screening tests approved by 
the department for phenylketonuria, other heritable diseases, 
[and] hypothyroidism, and other disorders for which screening is 
required by the department.
		(2)  The department shall require newborn screening 
tests to screen for disorders detectable by a tandem mass 
spectrometer and listed in the core uniform panel of newborn 
screening conditions recommended in the 2004 report by the American 
College of Medical Genetics entitled "Newborn Screening: Toward a 
Uniform Screening Panel and System" or another report determined by 
the department to provide more appropriate newborn screening 
guidelines to protect the health and welfare of this state's 
newborns.
	SECTION 4.  Section 33.014(a), Health and Safety Code, is 
amended to read as follows:
	(a)  If, because of an analysis of a specimen submitted under 
Section 33.011, the department reasonably suspects that a newborn 
child may have phenylketonuria, another heritable disease, [or] 
hypothyroidism, or another disorder for which the screening tests 
are required, the department shall notify the person who submits 
the specimen that the results are abnormal and provide the test 
results to that person.  The department may notify one or more of 
the following that the results of the analysis are abnormal and 
recommend [that] further testing when [is] necessary:
		(1)  the physician attending the newborn child or the 
physician's designee; 
		(2)  the person attending the delivery of the newborn 
child that was not attended by a physician;
		(3)  the parents of the newborn child;                                        
		(4)  the health authority of the jurisdiction in which 
the newborn child was born or in which the child resides, if known;  
or
		(5)  physicians who are cooperating pediatric 
specialists for the program.  
	SECTION 5.  Section 33.031(a), Health and Safety Code, is 
amended to read as follows:
	(a)  All newborn children and other individuals under 21 
years of age who have been screened, have been found to be 
presumptively positive through the newborn screening program for 
phenylketonuria, other heritable diseases, hypothyroidism, or 
another disorder for which the screening tests are required, and 
may be financially eligible may be referred to the department's 
services program for children with special health care needs.
	SECTION 6.  Section 33.032(a), Health and Safety Code, is 
amended to read as follows:
	(a)  Within the limits of funds available for this purpose 
and in cooperation with the individual's physician, the department 
may provide services directly or through approved providers to 
individuals of any age who meet the eligibility criteria specified 
by board rules on the confirmation of a positive test for 
phenylketonuria, other heritable diseases, [or] hypothyroidism, or 
another disorder for which the screening tests are required.
	SECTION 7.  Not later than June 1, 2006, the Department of 
State Health Services shall obtain the use of nine tandem mass 
spectrometers and employ full-time employees to expand the newborn 
screening program under Chapter 33, Health and Safety Code, as 
amended by this Act.
	SECTION 8.  This Act takes effect September 1, 2005.