85R6773 KKR-D
By: Burton S.B. No. 1081
A BILL TO BE ENTITLED
AN ACT
relating to the administration of prophylaxis to prevent ophthalmia
neonatorum.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 81.091, Health and Safety
Code, is amended to read as follows:
Sec. 81.091. OPHTHALMIA NEONATORUM PREVENTION[; CRIMINAL
PENALTY].
SECTION 2. Section 81.091, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), a [A] physician,
nurse, midwife, or other person in attendance at childbirth shall
use or cause to be used prophylaxis approved by the executive
commissioner to prevent ophthalmia neonatorum.
(a-1) Administration of prophylaxis is not required for an
infant whose parent, managing conservator, or guardian does not
consent to the administration of prophylaxis after a person
described in Subsection (a):
(1) performs the screening assessment under Section
81.0911; and
(2) based on the results of the assessment, determines
the prophylaxis is not required.
SECTION 3. Subchapter E, Chapter 81, Health and Safety
Code, is amended by adding Section 81.0911 to read as follows:
Sec. 81.0911. OPHTHALMIA NEONATORUM: PROPHYLAXIS
SCREENING. (a) The executive commissioner by rule shall adopt a
screening assessment to determine whether the administration of
prophylaxis to prevent ophthalmia neonatorum is required under
Section 81.091.
(b) The screening assessment must include an examination
of:
(1) whether the infant was delivered vaginally;
(2) whether the mother of the infant:
(A) recently tested positive for a sexually
transmitted infection known to cause ophthalmia neonatorum; or
(B) has a history of a sexually transmitted
infection or other disease known to cause ophthalmia neonatorum;
and
(3) other criteria determined necessary by the
executive commissioner.
SECTION 4. Section 81.091(g), Health and Safety Code, is
repealed.
SECTION 5. Not later than January 1, 2018, the executive
commissioner of the Health and Human Services Commission shall
adopt the screening assessment required by Section 81.0911, Health
and Safety Code, as added by this Act.
SECTION 6. The repeal by this Act of Section 81.091(g),
Health and Safety Code, does not apply to an offense committed
before the effective date of the repeal. An offense committed
before the effective date of the repeal is governed by the law as it
existed on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of the repeal if
any element of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2017.