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A BILL TO BE ENTITLED
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AN ACT
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relating to newborn screening for congenital heart defects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 33, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 33. PHENYLKETONURIA, OTHER HERITABLE DISEASES, |
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HYPOTHYROIDISM, CONGENITAL HEART DEFECTS, AND CERTAIN OTHER |
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DISORDERS |
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SECTION 2. Section 33.001, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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read as follows: |
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(1) "Congenital heart defect" means an abnormality in |
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the structure and function of the heart that exists at birth. |
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(1-a) "Heritable disease" means an inherited disease |
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that may result in mental or physical retardation or death. |
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SECTION 3. Sections 33.002(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The department shall carry out a program to combat |
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morbidity, including mental retardation, and mortality in persons |
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who have phenylketonuria, other heritable diseases, [or] |
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hypothyroidism, or congenital heart defects. |
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(c) The department shall establish and maintain a |
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laboratory to: |
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(1) conduct experiments, projects, and other |
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activities necessary to develop screening or diagnostic tests for |
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the early detection of phenylketonuria, other heritable diseases, |
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[and] hypothyroidism, and congenital heart defects; |
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(2) develop ways and means or discover methods to be |
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used to prevent or treat phenylketonuria, other heritable diseases, |
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[and] hypothyroidism, and congenital heart defects; and |
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(3) serve other purposes considered necessary by the |
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department to carry out the program. |
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SECTION 4. Sections 33.011(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The physician attending a newborn child or the person |
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attending the delivery of a newborn child that is not attended by a |
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physician shall subject the child to: |
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(1) screening tests approved by the department for |
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phenylketonuria, other heritable diseases, hypothyroidism, and |
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other disorders for which screening is required by the department; |
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and |
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(2) a pulse oximetry screening test for congenital |
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heart defects. |
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(c) Except for the pulse oximetry screening test required by |
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Subsection (a)(2), the [The] screening tests required by this |
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section must be performed by the laboratory established by the |
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department or by a laboratory approved by the department under |
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Section 33.016. |
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SECTION 5. Section 33.014(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If, because of an analysis of a specimen submitted under |
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Section 33.011, the department reasonably suspects that a newborn |
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child may have phenylketonuria, another heritable disease, |
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hypothyroidism, or another disorder for which the screening tests |
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are required, the department shall notify the person who submits |
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the specimen that the results are abnormal and provide the test |
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results to that person. The department may notify one or more of |
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the following that the results of the analysis or of a screening |
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test reported to the department under Section 33.015 are abnormal |
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and recommend further testing when necessary: |
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(1) the physician attending the newborn child or the |
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physician's designee; |
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(2) the person attending the delivery of the newborn |
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child that was not attended by a physician; |
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(3) the parents of the newborn child; |
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(4) the health authority of the jurisdiction in which |
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the newborn child was born or in which the child resides, if known; |
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or |
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(5) physicians who are cooperating pediatric |
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specialists for the program. |
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SECTION 6. Section 33.031(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) All newborn children and other individuals under 21 |
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years of age who have been screened, have been found to be |
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presumptively positive through the newborn screening program for |
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phenylketonuria, other heritable diseases, hypothyroidism, |
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congenital heart defects, or another disorder for which the |
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screening tests are required, and may be financially eligible may |
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be referred to the department's services program for children with |
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special health care needs. |
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SECTION 7. Section 33.032(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Within the limits of funds available for this purpose |
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and in cooperation with the individual's physician, the department |
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may provide services directly or through approved providers to |
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individuals of any age who meet the eligibility criteria specified |
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by board rules on the confirmation of a positive test for |
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phenylketonuria, other heritable diseases, hypothyroidism, |
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congenital heart defects, or another disorder for which the |
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screening tests are required. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the Department of State Health Services shall |
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implement the changes in law made by this Act to the newborn |
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screening program under Chapter 33, Health and Safety Code. |
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SECTION 9. This Act takes effect September 1, 2013. |