81R9501 ALB-D
By: West S.B. No. 1092
A BILL TO BE ENTITLED
AN ACT
relating to the screening of newborns for sickle-cell trait and
other disorders by the Department of State Health Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 33, Health and Safety
Code, is amended to read as follows:
CHAPTER 33. PHENYLKETONURIA, OTHER HERITABLE DISEASES,
HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS OR TRAITS
SECTION 2. Sections 33.002(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The department shall carry out a program to combat
morbidity, including mental retardation, and mortality in persons
who have phenylketonuria, other heritable diseases, other
disorders for which screening is required by the department,
sickle-cell trait, or hypothyroidism.
(c) The department shall establish and maintain a
laboratory to:
(1) conduct experiments, projects, and other
activities necessary to develop screening or diagnostic tests for
the early detection of phenylketonuria, other heritable diseases,
other disorders for which screening is required by the department,
sickle-cell trait, and hypothyroidism;
(2) develop ways and means or discover methods to be
used to prevent or treat phenylketonuria, other heritable diseases,
other disorders for which screening is required by the department,
sickle-cell trait, and hypothyroidism; and
(3) serve other purposes considered necessary by the
department to carry out the program.
SECTION 3. Section 33.011(a), Health and Safety Code, is
amended to read as follows:
(a) The physician attending a newborn child or the person
attending the delivery of a newborn child that is not attended by a
physician shall subject the child to screening tests approved by
the department for phenylketonuria, other heritable diseases,
hypothyroidism, sickle-cell trait, and other disorders for which
screening is required by the department.
SECTION 4. Section 33.014(a), Health and Safety Code, is
amended to read as follows:
(a) If, because of an analysis of a specimen submitted under
Section 33.011, the department reasonably suspects that a newborn
child may have phenylketonuria, another heritable disease,
hypothyroidism, sickle-cell trait, or another disorder for which
the screening tests are required, the department shall notify the
person who submits the specimen that the results are abnormal and
provide the test results to that person. The department may notify
one or more of the following that the results of the analysis are
abnormal and recommend further testing when necessary:
(1) the physician attending the newborn child or the
physician's designee;
(2) the person attending the delivery of the newborn
child that was not attended by a physician;
(3) the parents of the newborn child;
(4) the health authority of the jurisdiction in which
the newborn child was born or in which the child resides, if known;
or
(5) physicians who are cooperating pediatric
specialists for the program.
SECTION 5. Section 33.031(a), Health and Safety Code, is
amended to read as follows:
(a) All newborn children and other individuals under 21
years of age who have been screened, have been found to be
presumptively positive through the newborn screening program for
phenylketonuria, other heritable diseases, hypothyroidism,
sickle-cell trait, or another disorder for which the screening
tests are required, and may be financially eligible may be referred
to the department's services program for children with special
health care needs.
SECTION 6. Section 33.032(a), Health and Safety Code, is
amended to read as follows:
(a) Within the limits of funds available for this purpose
and in cooperation with the individual's physician, the department
may provide services directly or through approved providers to
individuals of any age who meet the eligibility criteria specified
by board rules on the confirmation of a positive test for
phenylketonuria, other heritable diseases, hypothyroidism,
sickle-cell trait, or another disorder for which the screening
tests are required.
SECTION 7. As soon as practicable after the effective date
of this Act, the Department of State Health Services shall
implement the changes in law made by this Act to the newborn
screening program under Chapter 33, Health and Safety Code.
SECTION 8. This Act takes effect September 1, 2009.