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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to increasing awareness of the dangers of exposing  | 
      
      
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        children to secondhand smoke. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 161.501(a), Health and Safety Code, is  | 
      
      
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        amended to read as follows: | 
      
      
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               (a)  A hospital, birthing center, physician, nurse midwife,  | 
      
      
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        or midwife who provides prenatal care to a pregnant woman during  | 
      
      
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        gestation or at delivery of an infant shall: | 
      
      
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                     (1)  provide the woman and the father of the infant, if  | 
      
      
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        possible, or another adult caregiver for the infant, with a  | 
      
      
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        resource pamphlet that includes: | 
      
      
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                           (A)  a list of the names, addresses, and phone  | 
      
      
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        numbers of professional organizations that provide postpartum  | 
      
      
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        counseling and assistance to parents relating to postpartum  | 
      
      
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        depression and other emotional trauma associated with pregnancy and  | 
      
      
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        parenting; | 
      
      
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                           (B)  information regarding the prevention of  | 
      
      
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        shaken baby syndrome including: | 
      
      
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                                 (i)  techniques for coping with anger caused  | 
      
      
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        by a crying baby; | 
      
      
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                                 (ii)  different methods for preventing a  | 
      
      
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        person from shaking a newborn, infant, or other young child; | 
      
      
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                                 (iii)  the dangerous effects of shaking a  | 
      
      
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        newborn, infant, or other young child; and | 
      
      
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                                 (iv)  the symptoms of shaken baby syndrome  | 
      
      
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        and who to contact, as recommended by the American Academy of  | 
      
      
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        Pediatrics, if a parent suspects or knows that a baby has been  | 
      
      
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        shaken in order to receive prompt medical treatment; | 
      
      
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                           (C)  a list of diseases for which a child is  | 
      
      
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        required by state law to be immunized and the appropriate schedule  | 
      
      
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        for the administration of those immunizations; | 
      
      
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                           (D)  the appropriate schedule for follow-up  | 
      
      
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        procedures for newborn screening; | 
      
      
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                           (E)  information regarding sudden infant death  | 
      
      
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        syndrome, including current recommendations for infant sleeping  | 
      
      
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        conditions to lower the risk of sudden infant death syndrome; | 
      
      
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                           (F)  educational information in both English and  | 
      
      
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        Spanish on: | 
      
      
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                                 (i)  pertussis disease and the availability  | 
      
      
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        of a vaccine to protect against pertussis, including information on  | 
      
      
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        the Centers for Disease Control and Prevention recommendation that  | 
      
      
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        parents receive Tdap during the postpartum period to protect  | 
      
      
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        newborns from the transmission of pertussis; and | 
      
      
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                                 (ii)  the incidence of cytomegalovirus,  | 
      
      
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        birth defects caused by congenital cytomegalovirus, and available  | 
      
      
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        resources for the family of an infant born with congenital  | 
      
      
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        cytomegalovirus; [and] | 
      
      
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                           (G)  the danger of heatstroke for a child left  | 
      
      
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        unattended in a motor vehicle; and | 
      
      
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                           (H)  information in both English and Spanish from  | 
      
      
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        reputable sources, including the Centers for Disease Control and  | 
      
      
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        Prevention and the surgeon general of the United States Public  | 
      
      
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        Health Service, regarding the dangers of exposing a newborn,  | 
      
      
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        infant, or other child to secondhand smoke and available resources  | 
      
      
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        to assist a person who wants to stop smoking; | 
      
      
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                     (2)  if the woman is a recipient of medical assistance  | 
      
      
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        under Chapter 32, Human Resources Code, provide the woman and the  | 
      
      
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        father of the infant, if possible, or another adult caregiver with a  | 
      
      
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        resource guide that includes information in both English and  | 
      
      
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        Spanish relating to the development, health, and safety of a child  | 
      
      
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        from birth until age five, including information relating to: | 
      
      
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                           (A)  selecting and interacting with a primary  | 
      
      
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        health care practitioner and establishing a "medical home" for the  | 
      
      
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        child; | 
      
      
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                           (B)  dental care; | 
      
      
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                           (C)  effective parenting; | 
      
      
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                           (D)  child safety; | 
      
      
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                           (E)  the importance of reading to a child; | 
      
      
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                           (F)  expected developmental milestones; | 
      
      
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                           (G)  health care resources available in the state; | 
      
      
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                           (H)  selecting appropriate child care; and | 
      
      
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                           (I)  other resources available in the state; | 
      
      
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                     (3)  document in the woman's record that the woman  | 
      
      
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        received the resource pamphlet described in Subdivision (1) and the  | 
      
      
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        resource guide described in Subdivision (2), if applicable; and | 
      
      
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                     (4)  retain the documentation for at least five years  | 
      
      
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        in the hospital's, birthing center's, physician's, nurse midwife's,  | 
      
      
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        or midwife's records. | 
      
      
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               SECTION 2.  (a)  Not later than December 1, 2017, the   | 
      
      
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        Department of State Health Services shall make the informational  | 
      
      
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        materials required by Section 161.501(a)(1), Health and Safety  | 
      
      
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        Code, as amended by this Act, available on its Internet website. | 
      
      
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               (b)  Notwithstanding Section 161.501(a)(1)(H), Health and  | 
      
      
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        Safety Code, as added by this Act, a facility is not required to  | 
      
      
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        comply with that provision until January 1, 2018. | 
      
      
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               SECTION 3.  This Act takes effect September 1, 2017. |