88R7148 EAS-F
 
  By: Johnson S.B. No. 1285
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to newborn or infant testing for congenital
  cytomegalovirus.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 47.003, Health and Safety
  Code, is amended to read as follows:
         Sec. 47.003.  NEWBORN OR INFANT HEARING SCREENING, TRACKING,
  AND INTERVENTION PROGRAM; TESTING FOR CONGENITAL CYTOMEGALOVIRUS.
         SECTION 2.  Section 47.003, Health and Safety Code, is
  amended by amending Subsections (a), (a-1), and (c) and adding
  Subsection (g) to read as follows:
         (a)  A birthing facility, through a program certified by the
  department under Section 47.004, shall perform, either directly or
  through a referral to another program certified under that section,
  a hearing screening for the identification of hearing loss and a
  test for congenital cytomegalovirus on each newborn or infant born
  at the facility before the newborn or infant is discharged from the
  facility unless:
               (1)  the parent declines the screening or test;
               (2)  the newborn or infant is transferred to another
  facility before the screening or test is performed;
               (3)  the screening or test has previously been
  completed; or
               (4)  the newborn was discharged from the birthing
  facility not more than 10 hours after birth and a referral for the
  newborn was made to a program certified under Section 47.004 at
  another birthing facility or operated by a physician or other
  health care provider.
         (a-1)  The birthing facility shall inform the parents during
  admission that:
               (1)  the facility is required by law to:
                     (A)  screen a newborn or infant for hearing loss;
  and
                     (B)  conduct a test for congenital
  cytomegalovirus; and
               (2)  the parents may decline both the screening and the
  test required under Subdivision (1).
         (c)  Subject to Section 47.008, the department shall
  maintain data and information on each newborn or infant who
  receives a hearing screening or congenital cytomegalovirus test
  under Subsection (a).
         (g)  In this section, "congenital cytomegalovirus" has the
  meaning assigned by Section 46.001.
         SECTION 3.  This Act takes effect September 1, 2023.