H.B. No. 1240
AN ACT
relating to information required to be provided to parents of an
infant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 161.501 and 161.502, Health and Safety
Code, are amended to read as follows:
Sec. 161.501. RESOURCE PAMPHLET AND RESOURCE GUIDE PROVIDED
TO PARENTS OF NEWBORN CHILDREN. (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; and
(D) the appropriate schedule for follow-up
procedures for newborn screening;
(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 [information] described in
Subdivision (1) and the resource guide described in Subdivision
(2), if applicable; and
(4) [(3)] retain the documentation for at least five
years in the hospital's, birthing center's, physician's, nurse
midwife's, or midwife's records.
(b) A hospital, birthing center, physician, nurse midwife,
or midwife:
(1) may use the pamphlet provided on the department's
website or an alternative pamphlet that provides the information
required by Subsection (a)(1); and
(2) may use the resource guide provided on the
department's website or an alternative guide that provides the
information required by Subsection (a)(2) [this section].
(c) The department may make available online and distribute
an existing publication created by another health and human
services agency as the resource guide required by Subsection
(a)(2).
Sec. 161.502. DUTIES OF DEPARTMENT. (a) The department
shall:
(1) establish guidelines for the provision of the
information required by Section 161.501;
(2) make available on the department's website:
(A) a printable version of the pamphlet required
by Section 161.501(a)(1) [161.501]; and
(B) a printable version of the resource guide
required by Section 161.501(a)(2);
(3) update the list of resources and required
immunizations in the pamphlet required under Subdivision (2)(A)
[(2)] quarterly;
(4) make the pamphlet and resource guide required by
Section 161.501 available for distribution to hospitals,
physicians, birthing centers, nurse midwives, and midwives; and
(5) coordinate funding for the development,
publication, and distribution of the informational pamphlet and
resource guide with other health and human services agencies, and
solicit funding for the department's duties under this subchapter
through means other than appropriations, such as gifts, grants, and
sales of sponsorship or advertising.
(b) The department may include additional information in
the pamphlet or resource guide as appropriate for parents of
newborns.
(c) The Health and Human Services Commission shall develop
specific performance measures by which the commission may evaluate
the effectiveness of the resource guide under Section 161.501(a)(2)
in:
(1) reducing costs to the state; and
(2) improving outcomes for children.
(d) Not later than December 1 of each even-numbered year,
the Health and Human Services Commission shall submit a report to
the legislature on the effectiveness of the resource guide under
Section 161.501(a)(2), including legislative recommendations
concerning the guide.
SECTION 2. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1240 was passed by the House on March
31, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1240 was passed by the Senate on May
14, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor