| 1 | 1 | | 85R2243 AJZ-D |
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| 2 | 2 | | By: White H.B. No. 2695 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to information regarding fetal alcohol spectrum |
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| 8 | 8 | | disorders. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 161, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter X to read as follows: |
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| 12 | 12 | | SUBCHAPTER X. INFORMATION REGARDING FETAL ALCOHOL SPECTRUM |
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| 13 | 13 | | DISORDERS |
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| 14 | 14 | | Sec. 161.701. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Fetal alcohol spectrum disorder" means one of a |
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| 16 | 16 | | group of conditions that can occur in a person who is exposed to |
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| 17 | 17 | | alcohol in utero. |
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| 18 | 18 | | (2) "Health care provider" has the meaning assigned by |
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| 19 | 19 | | Section 34.001. |
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| 20 | 20 | | Sec. 161.702. DUTY OF HEALTH CARE PROVIDER. (a) At the |
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| 21 | 21 | | time of initial contact, a health care provider who provides care to |
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| 22 | 22 | | an expectant mother or who initially diagnoses a child with a fetal |
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| 23 | 23 | | alcohol spectrum disorder shall provide information regarding |
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| 24 | 24 | | fetal alcohol spectrum disorders to: |
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| 25 | 25 | | (1) expectant parents; or |
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| 26 | 26 | | (2) a parent of a child who receives a diagnosis of a |
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| 27 | 27 | | fetal alcohol spectrum disorder. |
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| 28 | 28 | | (b) The information described by Subsection (a) must be |
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| 29 | 29 | | current and evidence-based and must have been reviewed by medical |
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| 30 | 30 | | experts and state or national fetal alcohol spectrum disorder |
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| 31 | 31 | | organizations. |
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| 32 | 32 | | (c) Notwithstanding any other law, this section does not |
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| 33 | 33 | | impose a standard of care or create an obligation or duty that |
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| 34 | 34 | | provides a basis for a cause of action against a health care |
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| 35 | 35 | | provider. A health care provider may not be held civilly or |
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| 36 | 36 | | criminally liable for failing to provide information as required by |
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| 37 | 37 | | Subsection (a). |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2017. |
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