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AN ACT
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relating to consent to the disclosure of certain information and to |
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other matters relating to newborn and infant screening tests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 33, Health and Safety |
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Code, is amended by adding Section 33.005 to read as follows: |
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Sec. 33.005. CONSENT. (a) The department shall create a |
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process to: |
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(1) permit the parent, managing conservator, or |
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guardian of a newborn child to provide the consent required under |
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this chapter through electronic means, including through audio or |
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video recording; |
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(2) determine the manner of storing electronic consent |
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records; and |
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(3) ensure the newborn child's attending physician has |
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access to the electronic consent records for the child. |
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(b) A request for consent required by this chapter may be |
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submitted to the parent, managing conservator, or guardian of a |
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newborn child through written or electronic means, including |
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through audio or visual recording. |
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(c) A birthing facility or person required to obtain consent |
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under this chapter is not required to use the process created by the |
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department under this section to obtain the consent. |
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SECTION 2. Section 33.0111, Health and Safety Code, is |
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amended by adding Subsection (b-1) and amending Subsection (c) to |
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read as follows: |
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(b-1) The department may provide the disclosure statement |
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required by Subsection (a) in various formats and languages to |
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ensure clear communication of information on the screening test |
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required under this chapter. |
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(c) At the time a newborn child is subjected to screening |
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tests under Section 33.011, the physician attending a newborn child |
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or the person attending the delivery of a newborn child that is not |
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attended by a physician shall provide the parent, managing |
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conservator, or guardian of a newborn child a copy of the written or |
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electronic disclosure statement developed by the department under |
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this section. |
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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. CONSENT. (a) The department shall create a |
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process to: |
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(1) permit the parent of a newborn or infant to provide |
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the consent required under this chapter through electronic means, |
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including through audio or video recording; |
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(2) determine the manner of storing electronic consent |
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records; and |
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(3) ensure the newborn's or infant's attending |
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physician has access to the electronic consent records for the |
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newborn or infant. |
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(b) A request for consent required by this chapter may be |
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submitted to the parent or guardian of a newborn or infant through |
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written or electronic means, including through audio or visual |
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recording. |
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(c) A birthing facility or person required to obtain consent |
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under this chapter is not required to use the process created by the |
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department under this section to obtain the consent. |
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SECTION 6. The Department of State Health Services is |
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required to implement a provision of this Act only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the department may, but is not required to, implement a |
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provision of this Act using other appropriations available for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1404 passed the Senate on |
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May 7, 2019, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1404 passed the House on |
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May 22, 2019, by the following vote: Yeas 144, Nays 1, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |