83R3616 AED-D
By: Deuell S.B. No. 253
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 Subdivisions (1-a)
and (4-a) to read as follows:
(1) "Congenital heart defect" means a structural
abnormality of the heart that is present at birth.
(1-a) "Heritable disease" means an inherited disease
that may result in mental or physical retardation or death.
(4-a) "Pulse oximetry screening test" means a
noninvasive test that estimates the percentage of hemoglobin in
blood that is saturated with oxygen.
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. Section 33.011, Health and Safety Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d) 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 if the child is attended by the physician or person at
a birthing facility.
(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.
(d) In this section, "birthing facility" means an inpatient
or ambulatory health care facility that offers obstetrical and
newborn care services. The term includes:
(1) a hospital licensed under Chapter 241 that offers
obstetrical services;
(2) a birthing center licensed under Chapter 244;
(3) a children's hospital licensed by the department;
or
(4) a facility maintained and operated by the
department.
SECTION 5. 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 6. This Act takes effect September 1, 2013.