81R15021 YDB-D
By: Crownover, Zerwas, Coleman, et al. H.B. No. 1672
Substitute the following for H.B. No. 1672:
By: Gonzales C.S.H.B. No. 1672
A BILL TO BE ENTITLED
AN ACT
relating to newborn screening information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 33, Health and Safety
Code, is amended by adding Sections 33.0111 and 33.0112 to read as
follows:
Sec. 33.0111. DISCLOSURE. (a) The department shall develop
a disclosure statement that discloses to the parent, managing
conservator, or guardian of a newborn child subjected to screening
tests under Section 33.011 that:
(1) the department or a laboratory established or
approved by the department under Section 33.016 may retain for use
by the department or laboratory genetic material used to conduct
the newborn screening tests; and
(2) the parent, managing conservator, or guardian may
limit the use of the genetic material by providing to the department
in accordance with Section 33.0112 a written statement prohibiting
the department or laboratory from retaining the genetic material.
(b) At the time a newborn child is subjected to screening
tests under Section 33.011, the physician attending a newborn child
or the person attending the delivery of a newborn child that is not
attended by a physician shall provide the parent, managing
conservator, or guardian of a newborn child a copy of the written
disclosure statement developed by the department under this
section.
Sec. 33.0112. STATEMENT PROHIBITING RETENTION OF GENETIC
MATERIAL. (a) A parent, managing conservator, or guardian of a
newborn child may file with the department a written statement
prohibiting the department or a laboratory established or approved
by the department from retaining any genetic material related to
the newborn screening tests conducted under this subchapter.
(b) Not later than the 60th day after the department
receives the written statement, the department or laboratory shall
destroy the genetic material used in the screening tests.
SECTION 2. Subchapter B, Chapter 33, Health and Safety
Code, is amended by adding Section 33.017 to read as follows:
Sec. 33.017. CONFIDENTIALITY. (a) Reports, records, and
information obtained or developed by the department under this
chapter are confidential and are not subject to disclosure under
Chapter 552, Government Code, are not subject to subpoena, and may
not otherwise be released or made public except as provided by this
section.
(b) Notwithstanding other law, reports, records, and
information obtained or developed by the department under this
chapter may be disclosed:
(1) for purposes of diagnosis or follow-up authorized
under Section 33.014;
(2) with the consent of each identified individual or
an individual authorized to consent on behalf of an identified
child;
(3) as authorized by court order;
(4) to a medical examiner authorized to conduct an
autopsy on a child or an inquest on the death of a child; or
(5) to public health programs of the department for
public health research purposes provided that the disclosure is
approved by an institutional review board or privacy board of the
department as authorized by the federal privacy requirements
adopted under the Health Insurance Portability and Accountability
Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160
and 45 C.F.R. Part 164, Subparts A and E.
(c) Notwithstanding other law, reports, records, and
information that do not identify a child or the family of a child
may be released without consent if the disclosure is for:
(1) statistical purposes;
(2) purposes related to obtaining or maintaining
certification, approval, or quality assurance for the department's
laboratory or a public or private laboratory to perform newborn
screening tests;
(3) purposes relating to review, quality assurance, or
improvement of the department's newborn screening under this
subchapter or the department's newborn screening program services
under Subchapter C;
(4) research purposes, provided that the disclosure is
approved by an institutional review board or privacy board of the
department; or
(5) quality assurance related to equipment and
supplies, provided that:
(A) the assessment is performed by a person who
is not a laboratory;
(B) only newborn screening specimens are
disclosed; and
(C) the disclosure is approved by an
institutional review board or privacy board of the department.
(d) A state officer or employee, a department contractor, or
a department contractor's employee, officer, director, or
subcontractor may not be examined in a civil, criminal, special, or
other judicial or administrative proceeding as to the existence or
contents of records, reports, or information made confidential by
this section unless disclosure is authorized by this section.
SECTION 3. As soon as practicable after the effective date
of this Act, the Department of State Health Services shall develop
the disclosure statement required by Section 33.0111, Health and
Safety Code, as added by this Act. The department may modify an
existing form for use for purposes of that section.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.