83R836 AED-D
By: Thompson of Harris H.B. No. 392
A BILL TO BE ENTITLED
AN ACT
relating to newborn screening for congenital heart defects.
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, CONGENITAL HEART DEFECTS, AND CERTAIN OTHER
DISORDERS
SECTION 2. Section 33.001, Health and Safety Code, is
amended by amending Subdivision (1) and adding Subdivision (1-a) to
read as follows:
(1) "Congenital heart defect" means an abnormality in
the structure and function of the heart that exists at birth.
(1-a) "Heritable disease" means an inherited disease
that may result in mental or physical retardation or death.
SECTION 3. 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, [or]
hypothyroidism, or congenital heart defects.
(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,
[and] hypothyroidism, and congenital heart defects;
(2) develop ways and means or discover methods to be
used to prevent or treat phenylketonuria, other heritable diseases,
[and] hypothyroidism, and congenital heart defects; and
(3) serve other purposes considered necessary by the
department to carry out the program.
SECTION 4. Sections 33.011(a) and (c), Health and Safety
Code, are 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:
(1) screening tests approved by the department for
phenylketonuria, other heritable diseases, hypothyroidism, and
other disorders for which screening is required by the department;
and
(2) a pulse oximetry screening test for congenital
heart defects.
(c) Except for the pulse oximetry screening test required by
Subsection (a)(2), the [The] screening tests required by this
section must be performed by the laboratory established by the
department or by a laboratory approved by the department under
Section 33.016.
SECTION 5. 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, 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 or of a screening
test reported to the department under Section 33.015 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 6. 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,
congenital heart defects, 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 7. 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,
congenital heart defects, or another disorder for which the
screening tests are required.
SECTION 8. 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 9. This Act takes effect September 1, 2013.