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A BILL TO BE ENTITLED
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AN ACT
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relating to an electronic portal for disclosures and consent |
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regarding certain newborn screening information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.0111(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) At the time a newborn child is subjected to screening |
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tests under Section 33.011 or at a time before the screening as |
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determined by[,] the physician attending a newborn child or the |
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person attending the delivery of a newborn child that is not |
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attended by a physician, the physician or person shall provide the |
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parent, managing conservator, or guardian of a newborn child a copy |
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of the written disclosure statement developed by the department |
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under this section. |
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SECTION 2. Subchapter B, Chapter 33, Health and Safety |
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Code, is amended by adding Section 33.0113 to read as follows: |
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Sec. 33.0113. ELECTRONIC PORTAL. (a) Each birthing |
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facility or other entity at which screening tests required under |
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this chapter are conducted may maintain an electronic portal |
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through which a parent, managing conservator, or guardian of a |
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newborn child may: |
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(1) access and confirm receipt of the disclosure |
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statement described by Section 33.0111 before or at the time of the |
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newborn screening; |
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(2) request an exemption to the screening tests under |
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Section 33.012 before the newborn screening; and |
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(3) provide electronic consent, including through |
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audio or video recording, to the disclosure of screening results |
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under Section 33.018(c-1) before or at the time of the screening. |
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(b) An electronic portal described by Subsection (a) must |
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allow a parent, managing conservator, or guardian of a newborn |
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child to revoke or modify the request for an exemption or consent to |
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the disclosure of information provided through the portal. |
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SECTION 3. Section 47.007(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) The department shall ensure that the written or |
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electronic consent of a parent is obtained before any information |
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individually identifying the newborn or infant is released through |
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the information management, reporting, and tracking system. |
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SECTION 4. Section 47.008(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The executive commissioner by rule shall develop |
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guidelines to protect the confidentiality of patients in accordance |
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with Chapter 159, Occupations Code, and require the written or |
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electronic consent of a parent or guardian of a patient before any |
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individually identifying information is provided to the department |
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as set out in this chapter. The department shall permit a parent or |
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guardian at any time to withdraw information provided to the |
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department under this chapter. |
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SECTION 5. Chapter 47, Health and Safety Code, is amended by |
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adding Section 47.0085 to read as follows: |
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Sec. 47.0085. ELECTRONIC PORTAL. (a) Each birthing |
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facility or other entity at which screening tests required under |
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this chapter are conducted may maintain an electronic portal |
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through which a parent of a newborn child may: |
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(1) receive notice of the screening requirements; |
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(2) electronically decline the screening; and |
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(3) provide electronic consent, including through |
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audio or video recording, to the disclosure of any information for |
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which consent is required under Sections 47.007 and 47.008. |
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(b) An electronic portal described by Subsection (a) must |
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allow a parent of a newborn child to revoke or modify any consent to |
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the disclosure of information and other information provided |
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through the portal. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement the |
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changes in law made by this Act. |
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SECTION 7. This Act takes effect September 1, 2019. |