84R9013 JSC-D
By: Zerwas H.B. No. 2174
A BILL TO BE ENTITLED
AN ACT
relating to testing for and education about congenital
cytomegalovirus in infants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Madeline Leigh
Armstrong Act.
SECTION 2. Subtitle B, Title 2, Health and Safety Code, is
amended by adding Chapter 46 to read as follows:
CHAPTER 46. CONGENITAL CYTOMEGALOVIRUS
Sec. 46.001. DEFINITIONS. In this chapter:
(1) "Congenital cytomegalovirus" means
cytomegalovirus acquired by an infant before birth.
(2) "Department" means the Department of State Health
Services.
Sec. 46.002. EDUCATIONAL MATERIALS ON CONGENITAL
CYTOMEGALOVIRUS. (a) The department, in consultation with the
Texas Medical Board, shall develop and publish informational
materials for women who may become pregnant, expectant parents, and
parents of infants regarding:
(1) the incidence of cytomegalovirus;
(2) the transmission of cytomegalovirus to pregnant
women and women who may become pregnant;
(3) birth defects caused by congenital
cytomegalovirus;
(4) methods of diagnosing congenital cytomegalovirus;
(5) available preventive measures to avoid the
infection of women who are pregnant or may become pregnant; and
(6) treatment options available for children born with
congenital cytomegalovirus.
(b) The materials must be published in:
(1) English and Spanish;
(2) an easily comprehensible form; and
(3) a typeface large enough to be clearly legible.
(c) The department shall periodically review the materials
to determine if changes to the contents of the materials are
necessary.
Sec. 46.003. PUBLICATION OF MATERIALS. (a) The department
shall publish the information required to be published under this
chapter on the department's Internet website.
(b) The department may not charge a fee for physical copies
of the materials. The department shall provide appropriate
quantities of the materials to any person on request.
Sec. 46.004. EDUCATION AND OUTREACH. (a) The department
shall establish an outreach program to:
(1) educate women who may become pregnant, expectant
parents, and parents of infants about cytomegalovirus; and
(2) raise awareness of cytomegalovirus among health
care providers who provide care to expectant mothers or infants.
(b) The department may solicit and accept the assistance of
any relevant medical associations or community resources,
including faith-based resources, to promote education about
cytomegalovirus under this chapter.
Sec. 46.005. RULES. The executive commissioner of the
Health and Human Services Commission may adopt rules for the
implementation of this chapter.
SECTION 3. Chapter 47, Health and Safety Code, is amended by
adding Section 47.0032 to read as follows:
Sec. 47.0032. TESTING FOR CYTOMEGALOVIRUS. (a) If an
infant does not pass the newborn hearing screening under Section
47.003, the birthing center shall perform or cause to be performed a
test for cytomegalovirus on the infant, unless the parent declines
the test.
(b) If an infant tests positive for cytomegalovirus, the
birthing center shall provide the infant's parents with:
(1) the results of the test;
(2) information on the potential effects of
cytomegalovirus and the treatment options available; and
(3) a referral to an appropriate physician or facility
for treatment of cytomegalovirus.
SECTION 4. 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;
(E) information regarding sudden infant death
syndrome, including current recommendations for infant sleeping
conditions to lower the risk of sudden infant death syndrome; and
(F) educational information in both English and
Spanish on:
(i) pertussis disease and the availability
of a vaccine to protect against pertussis, including information on
the Centers for Disease Control recommendation that parents receive
Tdap during the postpartum period to protect newborns from the
transmission of pertussis; and
(ii) the incidence of cytomegalovirus,
methods of diagnosing congenital cytomegalovirus, birth defects
caused by congenital cytomegalovirus, and available methods of
treatment for an infant born with congenital cytomegalovirus;
(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) 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), if applicable; and
(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 5. (a) The Department of State Health Services
shall develop and publish the materials required by Chapter 46,
Health and Safety Code, as added by this Act, not later than January
1, 2016.
(b) The change in law made by Section 47.0032, Health and
Safety Code, as added by this Act, applies only to a hearing
screening performed on or after the effective date of this Act.
(c) The Department of State Health Services shall revise the
pamphlet under Section 161.501(a), Health and Safety Code, as
amended by this Act, not later than January 1, 2016.
SECTION 6. This Act takes effect September 1, 2015.