Texas 2015 - 84th Regular

Texas House Bill HB2174 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9013 JSC-D
2	2	By: Zerwas H.B. No. 2174
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to testing for and education about congenital
8	8	cytomegalovirus in infants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Madeline Leigh
11	11	Armstrong Act.
12	12	SECTION 2. Subtitle B, Title 2, Health and Safety Code, is
13	13	amended by adding Chapter 46 to read as follows:
14	14	CHAPTER 46. CONGENITAL CYTOMEGALOVIRUS
15	15	Sec. 46.001. DEFINITIONS. In this chapter:
16	16	(1) "Congenital cytomegalovirus" means
17	17	cytomegalovirus acquired by an infant before birth.
18	18	(2) "Department" means the Department of State Health
19	19	Services.
20	20	Sec. 46.002. EDUCATIONAL MATERIALS ON CONGENITAL
21	21	CYTOMEGALOVIRUS. (a) The department, in consultation with the
22	22	Texas Medical Board, shall develop and publish informational
23	23	materials for women who may become pregnant, expectant parents, and
24	24	parents of infants regarding:
25	25	(1) the incidence of cytomegalovirus;
26	26	(2) the transmission of cytomegalovirus to pregnant
27	27	women and women who may become pregnant;
28	28	(3) birth defects caused by congenital
29	29	cytomegalovirus;
30	30	(4) methods of diagnosing congenital cytomegalovirus;
31	31	(5) available preventive measures to avoid the
32	32	infection of women who are pregnant or may become pregnant; and
33	33	(6) treatment options available for children born with
34	34	congenital cytomegalovirus.
35	35	(b) The materials must be published in:
36	36	(1) English and Spanish;
37	37	(2) an easily comprehensible form; and
38	38	(3) a typeface large enough to be clearly legible.
39	39	(c) The department shall periodically review the materials
40	40	to determine if changes to the contents of the materials are
41	41	necessary.
42	42	Sec. 46.003. PUBLICATION OF MATERIALS. (a) The department
43	43	shall publish the information required to be published under this
44	44	chapter on the department's Internet website.
45	45	(b) The department may not charge a fee for physical copies
46	46	of the materials. The department shall provide appropriate
47	47	quantities of the materials to any person on request.
48	48	Sec. 46.004. EDUCATION AND OUTREACH. (a) The department
49	49	shall establish an outreach program to:
50	50	(1) educate women who may become pregnant, expectant
51	51	parents, and parents of infants about cytomegalovirus; and
52	52	(2) raise awareness of cytomegalovirus among health
53	53	care providers who provide care to expectant mothers or infants.
54	54	(b) The department may solicit and accept the assistance of
55	55	any relevant medical associations or community resources,
56	56	including faith-based resources, to promote education about
57	57	cytomegalovirus under this chapter.
58	58	Sec. 46.005. RULES. The executive commissioner of the
59	59	Health and Human Services Commission may adopt rules for the
60	60	implementation of this chapter.
61	61	SECTION 3. Chapter 47, Health and Safety Code, is amended by
62	62	adding Section 47.0032 to read as follows:
63	63	Sec. 47.0032. TESTING FOR CYTOMEGALOVIRUS. (a) If an
64	64	infant does not pass the newborn hearing screening under Section
65	65	47.003, the birthing center shall perform or cause to be performed a
66	66	test for cytomegalovirus on the infant, unless the parent declines
67	67	the test.
68	68	(b) If an infant tests positive for cytomegalovirus, the
69	69	birthing center shall provide the infant's parents with:
70	70	(1) the results of the test;
71	71	(2) information on the potential effects of
72	72	cytomegalovirus and the treatment options available; and
73	73	(3) a referral to an appropriate physician or facility
74	74	for treatment of cytomegalovirus.
75	75	SECTION 4. Section 161.501(a), Health and Safety Code, is
76	76	amended to read as follows:
77	77	(a) A hospital, birthing center, physician, nurse midwife,
78	78	or midwife who provides prenatal care to a pregnant woman during
79	79	gestation or at delivery of an infant shall:
80	80	(1) provide the woman and the father of the infant, if
81	81	possible, or another adult caregiver for the infant, with a
82	82	resource pamphlet that includes:
83	83	(A) a list of the names, addresses, and phone
84	84	numbers of professional organizations that provide postpartum
85	85	counseling and assistance to parents relating to postpartum
86	86	depression and other emotional trauma associated with pregnancy and
87	87	parenting;
88	88	(B) information regarding the prevention of
89	89	shaken baby syndrome including:
90	90	(i) techniques for coping with anger caused
91	91	by a crying baby;
92	92	(ii) different methods for preventing a
93	93	person from shaking a newborn, infant, or other young child;
94	94	(iii) the dangerous effects of shaking a
95	95	newborn, infant, or other young child; and
96	96	(iv) the symptoms of shaken baby syndrome
97	97	and who to contact, as recommended by the American Academy of
98	98	Pediatrics, if a parent suspects or knows that a baby has been
99	99	shaken in order to receive prompt medical treatment;
100	100	(C) a list of diseases for which a child is
101	101	required by state law to be immunized and the appropriate schedule
102	102	for the administration of those immunizations;
103	103	(D) the appropriate schedule for follow-up
104	104	procedures for newborn screening;
105	105	(E) information regarding sudden infant death
106	106	syndrome, including current recommendations for infant sleeping
107	107	conditions to lower the risk of sudden infant death syndrome; and
108	108	(F) educational information in both English and
109	109	Spanish on:
110	110	(i) pertussis disease and the availability
111	111	of a vaccine to protect against pertussis, including information on
112	112	the Centers for Disease Control recommendation that parents receive
113	113	Tdap during the postpartum period to protect newborns from the
114	114	transmission of pertussis; and
115	115	(ii) the incidence of cytomegalovirus,
116	116	methods of diagnosing congenital cytomegalovirus, birth defects
117	117	caused by congenital cytomegalovirus, and available methods of
118	118	treatment for an infant born with congenital cytomegalovirus;
119	119	(2) if the woman is a recipient of medical assistance
120	120	under Chapter 32, Human Resources Code, provide the woman and the
121	121	father of the infant, if possible, or another adult caregiver with a
122	122	resource guide that includes information in both English and
123	123	Spanish relating to the development, health, and safety of a child
124	124	from birth until age five, including information relating to:
125	125	(A) selecting and interacting with a primary
126	126	health care practitioner and establishing a "medical home" for the
127	127	child;
128	128	(B) dental care;
129	129	(C) effective parenting;
130	130	(D) child safety;
131	131	(E) the importance of reading to a child;
132	132	(F) expected developmental milestones;
133	133	(G) health care resources available in the state;
134	134	(H) selecting appropriate child care; and
135	135	(I) other resources available in the state;
136	136	(3) document in the woman's record that the woman
137	137	received the resource pamphlet described in Subdivision (1) and the
138	138	resource guide described in Subdivision (2), if applicable; and
139	139	(4) retain the documentation for at least five years
140	140	in the hospital's, birthing center's, physician's, nurse midwife's,
141	141	or midwife's records.
142	142	SECTION 5. (a) The Department of State Health Services
143	143	shall develop and publish the materials required by Chapter 46,
144	144	Health and Safety Code, as added by this Act, not later than January
145	145	1, 2016.
146	146	(b) The change in law made by Section 47.0032, Health and
147	147	Safety Code, as added by this Act, applies only to a hearing
148	148	screening performed on or after the effective date of this Act.
149	149	(c) The Department of State Health Services shall revise the
150	150	pamphlet under Section 161.501(a), Health and Safety Code, as
151	151	amended by this Act, not later than January 1, 2016.
152	152	SECTION 6. This Act takes effect September 1, 2015.