Texas 2015 - 84th Regular

Texas Senate Bill SB791 Compare Versions

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1-84R29750 JSC-D
2- By: Kolkhorst, et al. S.B. No. 791
3- (Zerwas)
4- Substitute the following for S.B. No. 791: No.
1+S.B. No. 791
52
63
7- A BILL TO BE ENTITLED
84 AN ACT
95 relating to education about congenital cytomegalovirus in infants.
106 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
117 SECTION 1. This Act shall be known as the Madeline Leigh
128 Armstrong Act.
139 SECTION 2. Subtitle B, Title 2, Health and Safety Code, is
1410 amended by adding Chapter 46 to read as follows:
1511 CHAPTER 46. CONGENITAL CYTOMEGALOVIRUS
1612 Sec. 46.001. DEFINITION. In this chapter, "congenital
1713 cytomegalovirus" means cytomegalovirus acquired by an infant
1814 before birth.
1915 Sec. 46.002. EDUCATIONAL MATERIALS ON CONGENITAL
2016 CYTOMEGALOVIRUS. (a) The department, in consultation with the
2117 Texas Medical Board, shall develop and publish informational
2218 materials for women who may become pregnant, expectant parents, and
2319 parents of infants regarding:
2420 (1) the incidence of cytomegalovirus;
2521 (2) the transmission of cytomegalovirus to pregnant
2622 women and women who may become pregnant;
2723 (3) birth defects caused by congenital
2824 cytomegalovirus;
2925 (4) available preventive measures to avoid the
3026 infection of women who are pregnant or may become pregnant; and
3127 (5) resources available for families of children born
3228 with congenital cytomegalovirus.
3329 (b) The materials must be published in:
3430 (1) English and Spanish;
3531 (2) an easily comprehensible form; and
3632 (3) a typeface large enough to be clearly legible.
3733 (c) The department shall periodically review the materials
3834 to determine if changes to the contents of the materials are
3935 necessary.
4036 Sec. 46.003. PUBLICATION OF MATERIALS. (a) The department
4137 shall publish the information required to be published under this
4238 chapter on the department's Internet website.
4339 (b) The department may not charge a fee for physical copies
4440 of the materials. The department shall provide appropriate
4541 quantities of the materials to any person on request.
4642 Sec. 46.004. EDUCATION AND OUTREACH. (a) The department
4743 shall establish an outreach program to:
4844 (1) educate women who may become pregnant, expectant
4945 parents, and parents of infants about cytomegalovirus; and
5046 (2) raise awareness of cytomegalovirus among health
5147 care providers who provide care to expectant mothers or infants.
5248 (b) The department may solicit and accept the assistance of
5349 any relevant medical associations or community resources,
5450 including faith-based resources, to promote education about
5551 cytomegalovirus under this chapter.
5652 Sec. 46.005. RULES. The executive commissioner may adopt
5753 rules for the implementation of this chapter.
5854 SECTION 3. Section 161.501(a), Health and Safety Code, as
5955 amended by S.B. No. 219, Acts of the 84th Legislature, Regular
6056 Session, 2015, is amended to read as follows:
6157 (a) A hospital, birthing center, physician, nurse midwife,
6258 or midwife who provides prenatal care to a pregnant woman during
6359 gestation or at delivery of an infant shall:
6460 (1) provide the woman and the father of the infant, if
6561 possible, or another adult caregiver for the infant, with a
6662 resource pamphlet that includes:
6763 (A) a list of the names, addresses, and phone
6864 numbers of professional organizations that provide postpartum
6965 counseling and assistance to parents relating to postpartum
7066 depression and other emotional trauma associated with pregnancy and
7167 parenting;
7268 (B) information regarding the prevention of
7369 shaken baby syndrome including:
7470 (i) techniques for coping with anger caused
7571 by a crying baby;
7672 (ii) different methods for preventing a
7773 person from shaking a newborn, infant, or other young child;
7874 (iii) the dangerous effects of shaking a
7975 newborn, infant, or other young child; and
8076 (iv) the symptoms of shaken baby syndrome
8177 and who to contact, as recommended by the American Academy of
8278 Pediatrics, if a parent suspects or knows that a baby has been
8379 shaken in order to receive prompt medical treatment;
8480 (C) a list of diseases for which a child is
8581 required by state law to be immunized and the appropriate schedule
8682 for the administration of those immunizations;
8783 (D) the appropriate schedule for follow-up
8884 procedures for newborn screening;
8985 (E) information regarding sudden infant death
9086 syndrome, including current recommendations for infant sleeping
9187 conditions to lower the risk of sudden infant death syndrome; and
9288 (F) educational information in both English and
9389 Spanish on:
9490 (i) pertussis disease and the availability
9591 of a vaccine to protect against pertussis, including information on
9692 the Centers for Disease Control and Prevention recommendation that
9793 parents receive Tdap during the postpartum period to protect
9894 newborns from the transmission of pertussis; and
9995 (ii) the incidence of cytomegalovirus,
10096 birth defects caused by congenital cytomegalovirus, and available
10197 resources for the family of an infant born with congenital
10298 cytomegalovirus;
10399 (2) if the woman is a recipient of medical assistance
104100 under Chapter 32, Human Resources Code, provide the woman and the
105101 father of the infant, if possible, or another adult caregiver with a
106102 resource guide that includes information in both English and
107103 Spanish relating to the development, health, and safety of a child
108104 from birth until age five, including information relating to:
109105 (A) selecting and interacting with a primary
110106 health care practitioner and establishing a "medical home" for the
111107 child;
112108 (B) dental care;
113109 (C) effective parenting;
114110 (D) child safety;
115111 (E) the importance of reading to a child;
116112 (F) expected developmental milestones;
117113 (G) health care resources available in the state;
118114 (H) selecting appropriate child care; and
119115 (I) other resources available in the state;
120116 (3) document in the woman's record that the woman
121117 received the resource pamphlet described in Subdivision (1) and the
122118 resource guide described in Subdivision (2), if applicable; and
123119 (4) retain the documentation for at least five years
124120 in the hospital's, birthing center's, physician's, nurse midwife's,
125121 or midwife's records.
126122 SECTION 4. (a) The Department of State Health Services
127123 shall develop and publish the materials required by Chapter 46,
128124 Health and Safety Code, as added by this Act, not later than January
129125 1, 2016.
130126 (b) The Department of State Health Services shall revise the
131127 pamphlet under Section 161.501(a), Health and Safety Code, as
132128 amended by this Act, not later than January 1, 2016.
133129 SECTION 5. This Act takes effect September 1, 2015.
130+ ______________________________ ______________________________
131+ President of the Senate Speaker of the House
132+ I hereby certify that S.B. No. 791 passed the Senate on
133+ April 7, 2015, by the following vote: Yeas 31, Nays 0; and that
134+ the Senate concurred in House amendment on May 28, 2015, by the
135+ following vote: Yeas 31, Nays 0.
136+ ______________________________
137+ Secretary of the Senate
138+ I hereby certify that S.B. No. 791 passed the House, with
139+ amendment, on May 22, 2015, by the following vote: Yeas 138,
140+ Nays 2, two present not voting.
141+ ______________________________
142+ Chief Clerk of the House
143+ Approved:
144+ ______________________________
145+ Date
146+ ______________________________
147+ Governor