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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to increasing awareness of the dangers of exposing | 
      
        |  | children to secondhand smoke. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 161.501(a), Health and Safety Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  A hospital, birthing center, physician, nurse midwife, | 
      
        |  | or midwife who provides prenatal care to a pregnant woman during | 
      
        |  | gestation or at delivery of an infant shall: | 
      
        |  | (1)  provide the woman and the father of the infant, if | 
      
        |  | possible, or another adult caregiver for the infant, with a | 
      
        |  | resource pamphlet that includes: | 
      
        |  | (A)  a list of the names, addresses, and phone | 
      
        |  | numbers of professional organizations that provide postpartum | 
      
        |  | counseling and assistance to parents relating to postpartum | 
      
        |  | depression and other emotional trauma associated with pregnancy and | 
      
        |  | parenting; | 
      
        |  | (B)  information regarding the prevention of | 
      
        |  | shaken baby syndrome including: | 
      
        |  | (i)  techniques for coping with anger caused | 
      
        |  | by a crying baby; | 
      
        |  | (ii)  different methods for preventing a | 
      
        |  | person from shaking a newborn, infant, or other young child; | 
      
        |  | (iii)  the dangerous effects of shaking a | 
      
        |  | newborn, infant, or other young child; and | 
      
        |  | (iv)  the symptoms of shaken baby syndrome | 
      
        |  | and who to contact, as recommended by the American Academy of | 
      
        |  | Pediatrics, if a parent suspects or knows that a baby has been | 
      
        |  | shaken in order to receive prompt medical treatment; | 
      
        |  | (C)  a list of diseases for which a child is | 
      
        |  | required by state law to be immunized and the appropriate schedule | 
      
        |  | for the administration of those immunizations; | 
      
        |  | (D)  the appropriate schedule for follow-up | 
      
        |  | procedures for newborn screening; | 
      
        |  | (E)  information regarding sudden infant death | 
      
        |  | syndrome, including current recommendations for infant sleeping | 
      
        |  | conditions to lower the risk of sudden infant death syndrome; | 
      
        |  | (F)  educational information in both English and | 
      
        |  | Spanish on: | 
      
        |  | (i)  pertussis disease and the availability | 
      
        |  | of a vaccine to protect against pertussis, including information on | 
      
        |  | the Centers for Disease Control and Prevention recommendation that | 
      
        |  | parents receive Tdap during the postpartum period to protect | 
      
        |  | newborns from the transmission of pertussis; and | 
      
        |  | (ii)  the incidence of cytomegalovirus, | 
      
        |  | birth defects caused by congenital cytomegalovirus, and available | 
      
        |  | resources for the family of an infant born with congenital | 
      
        |  | cytomegalovirus; [ and] | 
      
        |  | (G)  the danger of heatstroke for a child left | 
      
        |  | unattended in a motor vehicle; and | 
      
        |  | (H)  information in both English and Spanish from | 
      
        |  | reputable sources, including the Centers for Disease Control and | 
      
        |  | Prevention and the surgeon general of the United States Public | 
      
        |  | Health Service, regarding the dangers of exposing a newborn, | 
      
        |  | infant, or other child to secondhand smoke and available resources | 
      
        |  | to assist a person who wants to stop smoking; | 
      
        |  | (2)  if the woman is a recipient of medical assistance | 
      
        |  | under Chapter 32, Human Resources Code, provide the woman and the | 
      
        |  | father of the infant, if possible, or another adult caregiver with a | 
      
        |  | resource guide that includes information in both English and | 
      
        |  | Spanish relating to the development, health, and safety of a child | 
      
        |  | from birth until age five, including information relating to: | 
      
        |  | (A)  selecting and interacting with a primary | 
      
        |  | health care practitioner and establishing a "medical home" for the | 
      
        |  | child; | 
      
        |  | (B)  dental care; | 
      
        |  | (C)  effective parenting; | 
      
        |  | (D)  child safety; | 
      
        |  | (E)  the importance of reading to a child; | 
      
        |  | (F)  expected developmental milestones; | 
      
        |  | (G)  health care resources available in the state; | 
      
        |  | (H)  selecting appropriate child care; and | 
      
        |  | (I)  other resources available in the state; | 
      
        |  | (3)  document in the woman's record that the woman | 
      
        |  | received the resource pamphlet described in Subdivision (1) and the | 
      
        |  | resource guide described in Subdivision (2), if applicable; and | 
      
        |  | (4)  retain the documentation for at least five years | 
      
        |  | in the hospital's, birthing center's, physician's, nurse midwife's, | 
      
        |  | or midwife's records. | 
      
        |  | SECTION 2.  (a)  Not later than December 1, 2019, the | 
      
        |  | Department of State Health Services shall make the informational | 
      
        |  | materials required by Section 161.501(a)(1), Health and Safety | 
      
        |  | Code, as amended by this Act, available on its Internet website. | 
      
        |  | (b)  Notwithstanding Section 161.501(a)(1)(H), Health and | 
      
        |  | Safety Code, as added by this Act, a facility is not required to | 
      
        |  | comply with that provision until January 1, 2020. | 
      
        |  | SECTION 3.  This Act takes effect September 1, 2019. |