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A BILL TO BE ENTITLED
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AN ACT
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relating to newborn testing for congenital cytomegalovirus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 47, Health and Safety Code, is amended by |
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adding Section 47.0032 to read as follows: |
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Sec. 47.0032. NEWBORN TESTING FOR CONGENITAL |
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CYTOMEGALOVIRUS. (a) In this section, "congenital |
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cytomegalovirus" means human herpesvirus cytomegalovirus acquired |
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by a newborn before birth. |
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(b) A birthing facility, through a program certified by the |
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department under Section 47.004, shall perform, either directly as |
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part of the newborn dried blood spot screening or through a referral |
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to another program certified under that section, a test for |
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congenital cytomegalovirus on each newborn before the newborn is |
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discharged from the facility unless: |
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(1) the parents decline the test; |
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(2) the newborn is transferred to another facility |
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before the test is performed; |
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(3) the test has previously been completed; or |
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(4) the newborn was discharged from the birthing |
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facility not more than 10 hours after birth and a referral for the |
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newborn was made to a program certified under Section 47.004 at |
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another birthing facility or operated by a physician or other |
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health care provider. |
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(c) The birthing facility shall inform the parents during |
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admission that the facility is required by law to conduct a test for |
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congenital cytomegalovirus and that the parents may decline the |
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test. |
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(d) Subject to Section 47.008, the department shall |
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maintain data and information on each newborn who receives a test |
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under Subsection (b). |
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(e) The department shall ensure that the results of the test |
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required by Subsection (b) are communicated to: |
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(1) the newborn's parents; and |
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(2) the newborn's designated physician or health care |
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provider. |
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(f) If a newborn receives medical intervention services for |
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congenital cytomegalovirus, including pharmaceutical |
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intervention, the specialist shall report the results of the |
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intervention to the department and, if necessary, inform the |
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newborn's designated physician or health care provider. |
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(g) The executive commissioner may adopt rules as necessary |
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to implement this section. |
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SECTION 2. This Act takes effect September 1, 2023. |