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A BILL TO BE ENTITLED
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AN ACT
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relating to information regarding Down syndrome. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter W to read as follows: |
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SUBCHAPTER W. INFORMATION REGARDING DOWN SYNDROME |
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Sec. 161.651. DEFINITIONS. In this subchapter: |
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(1) "Down syndrome" means a chromosomal condition |
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caused by the presence of an extra whole or partial copy of |
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chromosome 21. |
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(2) "Health care provider" has the meaning assigned by |
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Section 34.001 and includes a genetic counselor. |
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Sec. 161.652. INFORMATION REGARDING DOWN SYNDROME. (a) |
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The department shall make available information regarding Down |
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syndrome that includes: |
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(1) information addressing physical, developmental, |
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educational, and psychosocial outcomes, life expectancy, clinical |
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course, and intellectual and functional development for |
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individuals with Down syndrome; |
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(2) information regarding available treatment options |
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for individuals with Down syndrome; |
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(3) contact information for national and local Down |
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syndrome education and support programs, services, and |
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organizations, including organizations in Houston, Dallas, San |
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Antonio, and Austin, and information hotlines, resource centers, |
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and clearinghouses; and |
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(4) any other information required by the department. |
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(b) The information described by Subsection (a) must be: |
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(1) current, evidence-based information that has been |
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reviewed by medical experts and local Down syndrome organizations; |
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and |
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(2) published in English and Spanish. |
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(c) The department shall make the information described by |
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Subsection (a) available on the department's Internet website in a |
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format that may be easily printed. The department may provide the |
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information described by Subsection (a) in writing to health care |
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providers if the department determines that providing written |
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information is cost-effective. |
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Sec. 161.653. DUTY OF HEALTH CARE PROVIDER. (a) A health |
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care provider who administers or causes to be administered a test |
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for Down syndrome or who initially diagnoses a child with Down |
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syndrome shall provide the information described by Section 161.652 |
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to: |
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(1) expectant parents who receive a prenatal test |
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result indicating a probability or diagnosis that the unborn child |
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has Down syndrome; or |
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(2) a parent of a child who receives: |
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(A) a test result indicating a probability or |
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diagnosis that the child has Down syndrome; or |
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(B) a diagnosis of Down syndrome. |
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(b) In addition to providing the information described by |
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Subsection (a), a health care provider may provide additional |
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information about Down syndrome that is current and evidence-based |
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and has been reviewed by medical experts and national Down syndrome |
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organizations. |
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(c) A health care provider who is unable to access the |
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information described by Section 161.652 may not be held civilly or |
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criminally liable or subject to review or disciplinary action by |
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the appropriate licensing authority for failing to provide that |
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information as required by Subsection (a). |
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SECTION 2. This Act takes effect September 1, 2015. |