Texas 2015 - 84th Regular

Texas House Bill HB3374 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Morrison, et al. (Senate Sponsor - Lucio) H.B. No. 3374
2		-	(In the Senate - Received from the House May 18, 2015;
3		-	May 18, 2015, read first time and referred to Committee on Health
4		-	and Human Services; May 22, 2015, reported favorably by the
5		-	following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3374
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	SchwertnerX
12		-	KolkhorstX
13		-	CampbellX
14		-	EstesX
15		-	PerryX
16		-	RodríguezX
17		-	TaylorofCollinX
18		-	UrestiX
19		-	ZaffiriniX
20		-	A BILL TO BE ENTITLED
21	4		AN ACT
22	5		relating to information regarding Down syndrome.
23	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
24	7		SECTION 1. Chapter 161, Health and Safety Code, is amended
25	8		by adding Subchapter W to read as follows:
26	9		SUBCHAPTER W. INFORMATION REGARDING DOWN SYNDROME
27	10		Sec. 161.651. DEFINITIONS. In this subchapter:
28	11		(1) "Down syndrome" means a chromosomal condition
29	12		caused by the presence of an extra whole or partial copy of
30	13		chromosome 21.
31	14		(2) "Health care provider" has the meaning assigned by
32	15		Section 34.001 and includes a genetic counselor.
33	16		Sec. 161.652. INFORMATION REGARDING DOWN SYNDROME. (a)
34	17		The department shall make available information regarding Down
35	18		syndrome that includes:
36	19		(1) information addressing physical, developmental,
37	20		educational, and psychosocial outcomes, life expectancy, clinical
38	21		course, and intellectual and functional development for
39	22		individuals with Down syndrome;
40	23		(2) information regarding available treatment options
41	24		for individuals with Down syndrome;
42	25		(3) contact information for national and local Down
43	26		syndrome education and support programs, services, and
44	27		organizations, including organizations in Houston, Dallas, San
45	28		Antonio, and Austin, and information hotlines, resource centers,
46	29		and clearinghouses; and
47	30		(4) any other information required by the department.
48	31		(b) The information described by Subsection (a) must be:
49	32		(1) current, evidence-based information that:
50	33		(A) has been reviewed by medical experts and
51	34		local Down syndrome organizations; and
52	35		(B) does not explicitly or implicitly present
53	36		pregnancy termination as an option when a prenatal test indicates
54	37		that the unborn child has Down syndrome; and
55	38		(2) published in English and Spanish.
56	39		(c) The department shall make the information described by
57	40		Subsection (a) available on the department's Internet website in a
58	41		format that may be easily printed. The department may provide the
59	42		information described by Subsection (a) in writing to health care
60	43		providers if the department determines that providing written
61	44		information is cost-effective.
62	45		Sec. 161.653. DUTY OF HEALTH CARE PROVIDER. (a) A health
63	46		care provider who administers or causes to be administered a test
64	47		for Down syndrome or who initially diagnoses a child with Down
65	48		syndrome shall provide the information described by Section 161.652
66	49		to:
67	50		(1) expectant parents who receive a prenatal test
68	51		result indicating a probability or diagnosis that the unborn child
69	52		has Down syndrome; or
70	53		(2) a parent of a child who receives:
71	54		(A) a test result indicating a probability or
72	55		diagnosis that the child has Down syndrome; or
73	56		(B) a diagnosis of Down syndrome.
74	57		(b) In addition to providing the information described by
75	58		Subsection (a), a health care provider may provide additional
76	59		information about Down syndrome that is current and evidence-based
77	60		and has been reviewed by medical experts and national Down syndrome
78	61		organizations.
79	62		(c) Notwithstanding any other law, this section does not
80	63		impose a standard of care or create an obligation or duty that
81	64		provides a basis for a cause of action against a health care
82	65		provider. A health care provider may not be held civilly or
83	66		criminally liable for failing to provide information as required by
84	67		Subsection (a).
85	68		SECTION 2. This Act takes effect September 1, 2015.
86		-	* * * * *
	69	+	______________________________ ______________________________
	70	+	President of the Senate Speaker of the House
	71	+	I certify that H.B. No. 3374 was passed by the House on May
	72	+	15, 2015, by the following vote: Yeas 130, Nays 0, 1 present, not
	73	+	voting.
	74	+	______________________________
	75	+	Chief Clerk of the House
	76	+	I certify that H.B. No. 3374 was passed by the Senate on May
	77	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	78	+	______________________________
	79	+	Secretary of the Senate
	80	+	APPROVED: _____________________
	81	+	Date
	82	+	_____________________
	83	+	Governor