81R9501 ALB-D
 
  By: Coleman H.B. No. 4506
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the screening of newborns for sickle-cell trait and
  other disorders 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,
  HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS OR TRAITS
         SECTION 2.  Sections 33.002(a) and (c), Health and Safety
  Code, are amended to read as follows:
         (a)  The department shall carry out a program to combat
  morbidity, including mental retardation, and mortality in persons
  who have phenylketonuria, other heritable diseases, other
  disorders for which screening is required by the department,
  sickle-cell trait, or hypothyroidism.
         (c)  The department shall establish and maintain a
  laboratory to:
               (1)  conduct experiments, projects, and other
  activities necessary to develop screening or diagnostic tests for
  the early detection of phenylketonuria, other heritable diseases,
  other disorders for which screening is required by the department,
  sickle-cell trait, and hypothyroidism;
               (2)  develop ways and means or discover methods to be
  used to prevent or treat phenylketonuria, other heritable diseases,
  other disorders for which screening is required by the department,
  sickle-cell trait, and hypothyroidism; and
               (3)  serve other purposes considered necessary by the
  department to carry out the program.
         SECTION 3.  Section 33.011(a), Health and Safety Code, is
  amended to read as follows:
         (a)  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,
  hypothyroidism, sickle-cell trait, and other disorders for which
  screening is required by the department.
         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,
  hypothyroidism, sickle-cell trait, 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 further testing when 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,
  sickle-cell trait, 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, hypothyroidism,
  sickle-cell trait, or another disorder for which the screening
  tests are required.
         SECTION 7.  As soon as practicable after the effective date
  of this Act, the Department of State Health Services shall
  implement the changes in law made by this Act to the newborn
  screening program under Chapter 33, Health and Safety Code.
         SECTION 8.  This Act takes effect September 1, 2009.