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A BILL TO BE ENTITLED
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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. Sections 81.090(a-1), (c), (c-1), and (c-2), |
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Health and Safety Code, are amended 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; |
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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 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 in attendance at the |
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delivery does not find in the woman's medical records results from a |
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diagnostic test for syphilis and HIV infection performed under |
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Subsection (a-1), and the diagnostic test for syphilis and HIV |
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infection was not performed before delivery under Subsection (c-1), |
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the physician or other person in attendance at 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 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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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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* * * * * |