84R26285 AJZ-D
By: Morrison, Landgraf, Farrar, Geren H.B. No. 3374
Substitute the following for H.B. No. 3374:
By: Cook C.S.H.B. No. 3374
A BILL TO BE ENTITLED
AN ACT
relating to information regarding Down syndrome.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter W to read as follows:
SUBCHAPTER W. INFORMATION REGARDING DOWN SYNDROME
Sec. 161.651. DEFINITIONS. In this subchapter:
(1) "Down syndrome" means a chromosomal condition
caused by the presence of an extra whole or partial copy of
chromosome 21.
(2) "Health care provider" has the meaning assigned by
Section 34.001 and includes a genetic counselor.
Sec. 161.652. INFORMATION REGARDING DOWN SYNDROME. (a)
The department shall make available information regarding Down
syndrome that includes:
(1) information addressing physical, developmental,
educational, and psychosocial outcomes, life expectancy, clinical
course, and intellectual and functional development for
individuals with Down syndrome;
(2) information regarding available treatment options
for individuals with Down syndrome;
(3) contact information for national and local Down
syndrome education and support programs, services, and
organizations, including organizations in Houston, Dallas, San
Antonio, and Austin, and information hotlines, resource centers,
and clearinghouses; and
(4) any other information required by the department.
(b) The information described by Subsection (a) must be:
(1) current, evidence-based information that has been
reviewed by medical experts and local Down syndrome organizations;
and
(2) published in English and Spanish.
(c) The department shall make the information described by
Subsection (a) available on the department's Internet website in a
format that may be easily printed. The department may provide the
information described by Subsection (a) in writing to health care
providers if the department determines that providing written
information is cost-effective.
Sec. 161.653. DUTY OF HEALTH CARE PROVIDER. (a) A health
care provider who administers or causes to be administered a test
for Down syndrome or who initially diagnoses a child with Down
syndrome shall provide the information described by Section 161.652
to:
(1) expectant parents who receive a prenatal test
result indicating a probability or diagnosis that the unborn child
has Down syndrome; or
(2) a parent of a child who receives:
(A) a test result indicating a probability or
diagnosis that the child has Down syndrome; or
(B) a diagnosis of Down syndrome.
(b) In addition to providing the information described by
Subsection (a), a health care provider may provide additional
information about Down syndrome that is current and evidence-based
and has been reviewed by medical experts and national Down syndrome
organizations.
(c) A health care provider who is unable to access the
information described by Section 161.652 may not be held civilly or
criminally liable or subject to review or disciplinary action by
the appropriate licensing authority for failing to provide that
information as required by Subsection (a).
SECTION 2. This Act takes effect September 1, 2015.