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  85R7885 KKR-D
 
  By: Leach H.B. No. 2038
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consent required for the administration of
  prophylaxis to prevent ophthalmia neonatorum.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.091, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  Except as provided by Subsection (a-1), a [A] physician,
  nurse, midwife, or other person in attendance at childbirth shall
  use or cause to be used prophylaxis approved by the executive
  commissioner to prevent ophthalmia neonatorum.
         (a-1)  A physician, nurse, midwife, or other person in
  attendance at childbirth is not required to use or cause to be used
  the prophylaxis on an infant whose parent, managing conservator, or
  guardian does not consent to the administration of the prophylaxis.
         SECTION 2.  This Act takes effect September 1, 2017.