82R6382 JSC-F
By: Villarreal H.B. No. 1623
A BILL TO BE ENTITLED
AN ACT
relating to certain information regarding paternity required to be
provided to certain pregnant women and mothers of newborns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 231, Family Code, is
amended by adding Section 231.1121 to read as follows:
Sec. 231.1121. PATERNITY INFORMATION FOR PREGNANT WOMEN AND
MOTHERS OF NEWBORN CHILDREN. (a) The Title IV-D agency shall
develop and periodically update a publication that provides
information about paternity establishment and child support,
including:
(1) the steps necessary for unmarried parents to
establish legal paternity;
(2) the benefits of paternity establishment for
children;
(3) the steps necessary to obtain a child support
order;
(4) the benefits of establishing a legal parenting
order; and
(5) any other information that the Title IV-D agency
determines supports positive father involvement.
(b) The Title IV-D agency shall make the publication
described by Subsection (a) available on the Title IV-D agency's
Internet website in a format that allows the public to view,
download, and print the publication.
SECTION 2. The heading to Section 161.501, Health and
Safety Code, is amended to read as follows:
Sec. 161.501. RESOURCE PAMPHLET, [AND] RESOURCE GUIDE, AND
INFORMATIONAL MATERIALS REGARDING PATERNITY PROVIDED TO PARENTS OF
NEWBORN CHILDREN.
SECTION 3. Section 161.501(a), Health and Safety Code, is
amended to read as follows:
(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;
(D) the appropriate schedule for follow-up
procedures for newborn screening; and
(E) information regarding sudden infant death
syndrome, including current recommendations for infant sleeping
conditions to lower the risk of sudden infant death syndrome;
(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) 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, with the informational materials
regarding paternity described by Section 231.1121, Family Code;
(4) document in the woman's record that the woman
received the resource pamphlet described in Subdivision (1), [and]
the resource guide described in Subdivision (2), and the
informational materials described in Subdivision (3), if
applicable; and
(5) [(4)] retain the documentation for at least five
years in the hospital's, birthing center's, physician's, nurse
midwife's, or midwife's records.
SECTION 4. Section 161.502(a), Health and Safety Code, is
amended to read as follows:
(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); [and]
(B) a printable version of the resource guide
required by Section 161.501(a)(2); and
(C) a printable version of the informational
materials regarding paternity developed under Section 231.1121,
Family Code, or a link to those materials on the Title IV-D agency's
Internet website;
(3) update the list of resources and required
immunizations in the pamphlet required under Subdivision (2)(A)
quarterly;
(4) make the pamphlet, [and] resource guide, and
informational materials regarding paternity 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.
SECTION 5. (a) The Title IV-D agency shall develop and
publish the informational materials required by Section 231.1121,
Family Code, as added by this Act, not later than November 1, 2011.
(b) A hospital, birthing center, physician, nurse midwife,
or midwife is not required to comply with Section 161.501, Health
and Safety Code, as amended by this Act, until the Title IV-D agency
makes the publication available as described by Section 231.1121,
Family Code, as added by this Act.
(c) The Department of State Health Services is not required
to comply with Section 161.502, Health and Safety Code, as amended
by this Act, until the Title IV-D agency makes the publication
available as described by Section 231.1121, Family Code, as added
by this Act.
SECTION 6. 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, 2011.