Texas 2009 - 81st Regular

Texas Senate Bill SB1092 Compare Versions

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1	1	81R9501 ALB-D
2	2	By: West S.B. No. 1092
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the screening of newborns for sickle-cell trait and
8	8	other disorders by the Department of State Health Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 33, Health and Safety
11	11	Code, is amended to read as follows:
12	12	CHAPTER 33. PHENYLKETONURIA, OTHER HERITABLE DISEASES,
13	13	HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS OR TRAITS
14	14	SECTION 2. Sections 33.002(a) and (c), Health and Safety
15	15	Code, are amended to read as follows:
16	16	(a) The department shall carry out a program to combat
17	17	morbidity, including mental retardation, and mortality in persons
18	18	who have phenylketonuria, other heritable diseases, other
19	19	disorders for which screening is required by the department,
20	20	sickle-cell trait, or hypothyroidism.
21	21	(c) The department shall establish and maintain a
22	22	laboratory to:
23	23	(1) conduct experiments, projects, and other
24	24	activities necessary to develop screening or diagnostic tests for
25	25	the early detection of phenylketonuria, other heritable diseases,
26	26	other disorders for which screening is required by the department,
27	27	sickle-cell trait, and hypothyroidism;
28	28	(2) develop ways and means or discover methods to be
29	29	used to prevent or treat phenylketonuria, other heritable diseases,
30	30	other disorders for which screening is required by the department,
31	31	sickle-cell trait, and hypothyroidism; and
32	32	(3) serve other purposes considered necessary by the
33	33	department to carry out the program.
34	34	SECTION 3. Section 33.011(a), Health and Safety Code, is
35	35	amended to read as follows:
36	36	(a) The physician attending a newborn child or the person
37	37	attending the delivery of a newborn child that is not attended by a
38	38	physician shall subject the child to screening tests approved by
39	39	the department for phenylketonuria, other heritable diseases,
40	40	hypothyroidism, sickle-cell trait, and other disorders for which
41	41	screening is required by the department.
42	42	SECTION 4. Section 33.014(a), Health and Safety Code, is
43	43	amended to read as follows:
44	44	(a) If, because of an analysis of a specimen submitted under
45	45	Section 33.011, the department reasonably suspects that a newborn
46	46	child may have phenylketonuria, another heritable disease,
47	47	hypothyroidism, sickle-cell trait, or another disorder for which
48	48	the screening tests are required, the department shall notify the
49	49	person who submits the specimen that the results are abnormal and
50	50	provide the test results to that person. The department may notify
51	51	one or more of the following that the results of the analysis are
52	52	abnormal and recommend further testing when necessary:
53	53	(1) the physician attending the newborn child or the
54	54	physician's designee;
55	55	(2) the person attending the delivery of the newborn
56	56	child that was not attended by a physician;
57	57	(3) the parents of the newborn child;
58	58	(4) the health authority of the jurisdiction in which
59	59	the newborn child was born or in which the child resides, if known;
60	60	or
61	61	(5) physicians who are cooperating pediatric
62	62	specialists for the program.
63	63	SECTION 5. Section 33.031(a), Health and Safety Code, is
64	64	amended to read as follows:
65	65	(a) All newborn children and other individuals under 21
66	66	years of age who have been screened, have been found to be
67	67	presumptively positive through the newborn screening program for
68	68	phenylketonuria, other heritable diseases, hypothyroidism,
69	69	sickle-cell trait, or another disorder for which the screening
70	70	tests are required, and may be financially eligible may be referred
71	71	to the department's services program for children with special
72	72	health care needs.
73	73	SECTION 6. Section 33.032(a), Health and Safety Code, is
74	74	amended to read as follows:
75	75	(a) Within the limits of funds available for this purpose
76	76	and in cooperation with the individual's physician, the department
77	77	may provide services directly or through approved providers to
78	78	individuals of any age who meet the eligibility criteria specified
79	79	by board rules on the confirmation of a positive test for
80	80	phenylketonuria, other heritable diseases, hypothyroidism,
81	81	sickle-cell trait, or another disorder for which the screening
82	82	tests are required.
83	83	SECTION 7. As soon as practicable after the effective date
84	84	of this Act, the Department of State Health Services shall
85	85	implement the changes in law made by this Act to the newborn
86	86	screening program under Chapter 33, Health and Safety Code.
87	87	SECTION 8. This Act takes effect September 1, 2009.