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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of prophylaxis to prevent ophthalmia |
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neonatorum. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 81.091, Health and Safety |
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Code, is amended to read as follows: |
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Sec. 81.091. OPHTHALMIA NEONATORUM PREVENTION[; CRIMINAL
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PENALTY]. |
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SECTION 2. Section 81.091, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] physician, |
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nurse, midwife, or other person in attendance at childbirth shall |
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use or cause to be used prophylaxis approved by the executive |
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commissioner to prevent ophthalmia neonatorum. |
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(a-1) Administration of prophylaxis is not required for an |
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infant whose parent, managing conservator, or guardian does not |
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consent to the administration of prophylaxis after a person |
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described in Subsection (a): |
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(1) performs the screening assessment under Section |
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81.0911; and |
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(2) based on the results of the assessment, determines |
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the prophylaxis is not required. |
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SECTION 3. Subchapter E, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.0911 to read as follows: |
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Sec. 81.0911. OPHTHALMIA NEONATORUM: PROPHYLAXIS |
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SCREENING. (a) The executive commissioner by rule shall adopt a |
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screening assessment to determine whether the administration of |
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prophylaxis to prevent ophthalmia neonatorum is required under |
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Section 81.091. |
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(b) The screening assessment must include an examination |
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of: |
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(1) whether the infant was delivered vaginally; |
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(2) whether the mother of the infant: |
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(A) recently tested positive for a sexually |
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transmitted infection known to cause ophthalmia neonatorum; or |
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(B) has a history of a sexually transmitted |
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infection or other disease known to cause ophthalmia neonatorum; |
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and |
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(3) other criteria determined necessary by the |
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executive commissioner. |
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SECTION 4. Section 81.091(g), Health and Safety Code, is |
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repealed. |
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SECTION 5. Not later than January 1, 2018, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the screening assessment required by Section 81.0911, Health |
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and Safety Code, as added by this Act. |
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SECTION 6. The repeal by this Act of Section 81.091(g), |
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Health and Safety Code, does not apply to an offense committed |
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before the effective date of the repeal. An offense committed |
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before the effective date of the repeal is governed by the law as it |
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existed on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of the repeal if |
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any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |