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AN ACT
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relating to certain diagnostic testing during pregnancy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.090, Health and Safety Code, is |
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amended by amending Subsections (a-1), (c), (c-1), and (c-2) and |
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adding Subsection (p) to read as follows: |
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(a-1) A physician or other person permitted by law to attend |
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a pregnant woman during gestation or at delivery of an infant shall: |
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(1) take or cause to be taken a sample of the woman's |
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blood or other appropriate specimen at an examination in the third |
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trimester of the pregnancy, but not earlier than the 28th week of |
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the pregnancy; |
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(2) submit the sample to an appropriately certified |
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laboratory for a diagnostic test approved by the United States Food |
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and Drug Administration for syphilis and HIV infection; and |
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(3) retain a report of each case for nine months and |
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deliver the report to any successor in the case. |
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(c) A physician or other person in attendance at a delivery |
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shall: |
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(1) take or cause to be taken a sample of blood or |
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other appropriate specimen from the mother on admission for |
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delivery; and |
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(2) submit the sample to an appropriately certified |
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laboratory for diagnostic testing approved by the United States |
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Food and Drug Administration for[:
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[(A) syphilis; and
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[(B)] hepatitis B infection. |
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(c-1) If the physician or other person in attendance at the |
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delivery does not find in the woman's medical records results from |
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the diagnostic test for syphilis and HIV infection performed under |
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Subsection (a-1), the physician or person shall: |
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(1) take or cause to be taken a sample of blood or |
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other appropriate specimen from the mother; |
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(2) submit the sample to an appropriately certified |
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laboratory for diagnostic testing approved by the United States |
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Food and Drug Administration for syphilis and HIV infection; and |
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(3) instruct the laboratory to expedite the processing |
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of the HIV test so that the results are received less than six hours |
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after the time the sample is submitted. |
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(c-2) If the physician or other person responsible for the |
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newborn child [in attendance at the delivery] does not find in the |
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woman's medical records results from a diagnostic test for syphilis |
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and HIV infection performed under Subsection (a-1), and the |
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diagnostic test for syphilis and HIV infection was not performed |
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before delivery under Subsection (c-1), the physician or other |
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person responsible for the newborn child [in attendance at
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delivery] shall: |
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(1) take or cause to be taken a sample of blood or |
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other appropriate specimen from the newborn child less than two |
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hours after the time of birth; |
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(2) submit the sample to an appropriately certified |
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laboratory for a diagnostic test approved by the United States Food |
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and Drug Administration for syphilis and HIV infection; and |
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(3) instruct the laboratory to expedite the processing |
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of the HIV test so that the results are received less than six hours |
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after the time the sample is submitted. |
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(p) Not later than January 1 of each odd-numbered year, the |
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department shall report to the legislature the number of cases of |
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early congenital syphilis and of late congenital syphilis that were |
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diagnosed in this state in the preceding biennium. |
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SECTION 2. Sections 81.090(a-1), (c), (c-1), and (c-2), |
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Health and Safety Code, as amended by this Act, apply only to |
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submission of a sample for diagnostic testing on or after the |
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effective date of this Act. The submission of a sample for |
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diagnostic testing before the effective date of this Act is covered |
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by the law in effect immediately before the effective date of this |
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Act, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1128 passed the Senate on |
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April 22, 2015, by the following vote: Yeas 29, Nays 1; and that |
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the Senate concurred in House amendment on May 18, 2015, by the |
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following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1128 passed the House, with |
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amendment, on May 12, 2015, by the following vote: Yeas 143, |
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Nays 4, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |