H.B. No. 3374
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:
(A) has been reviewed by medical experts and
local Down syndrome organizations; and
(B) does not explicitly or implicitly present
pregnancy termination as an option when a prenatal test indicates
that the unborn child has Down syndrome; 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) Notwithstanding any other law, this section does not
impose a standard of care or create an obligation or duty that
provides a basis for a cause of action against a health care
provider. A health care provider may not be held civilly or
criminally liable for failing to provide information as required by
Subsection (a).
SECTION 2. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3374 was passed by the House on May
15, 2015, by the following vote: Yeas 130, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3374 was passed by the Senate on May
26, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor