86R11429 JG-F
By: Klick H.B. No. 3735
A BILL TO BE ENTITLED
AN ACT
relating to an electronic portal for disclosures and consent
regarding certain newborn screening information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.0111(c), Health and Safety Code, is
amended to read as follows:
(c) At the time a newborn child is subjected to screening
tests under Section 33.011 or at a time before the screening as
determined by[,] the physician attending a newborn child or the
person attending the delivery of a newborn child that is not
attended by a physician, the physician or person shall provide the
parent, managing conservator, or guardian of a newborn child a copy
of the written disclosure statement developed by the department
under this section.
SECTION 2. Subchapter B, Chapter 33, Health and Safety
Code, is amended by adding Section 33.0113 to read as follows:
Sec. 33.0113. ELECTRONIC PORTAL. (a) Each birthing
facility or other entity at which screening tests required under
this chapter are conducted may maintain an electronic portal
through which a parent, managing conservator, or guardian of a
newborn child may:
(1) access and confirm receipt of the disclosure
statement described by Section 33.0111 before or at the time of the
newborn screening;
(2) request an exemption to the screening tests under
Section 33.012 before the newborn screening; and
(3) provide electronic consent, including through
audio or video recording, to the disclosure of screening results
under Section 33.018(c-1) before or at the time of the screening.
(b) An electronic portal described by Subsection (a) must
allow a parent, managing conservator, or guardian of a newborn
child to revoke or modify the request for an exemption or consent to
the disclosure of information provided through the portal.
SECTION 3. Section 47.007(g), Health and Safety Code, is
amended to read as follows:
(g) The department shall ensure that the written or
electronic consent of a parent is obtained before any information
individually identifying the newborn or infant is released through
the information management, reporting, and tracking system.
SECTION 4. Section 47.008(c), Health and Safety Code, is
amended to read as follows:
(c) The executive commissioner by rule shall develop
guidelines to protect the confidentiality of patients in accordance
with Chapter 159, Occupations Code, and require the written or
electronic consent of a parent or guardian of a patient before any
individually identifying information is provided to the department
as set out in this chapter. The department shall permit a parent or
guardian at any time to withdraw information provided to the
department under this chapter.
SECTION 5. Chapter 47, Health and Safety Code, is amended by
adding Section 47.0085 to read as follows:
Sec. 47.0085. ELECTRONIC PORTAL. (a) Each birthing
facility or other entity at which screening tests required under
this chapter are conducted may maintain an electronic portal
through which a parent of a newborn child may:
(1) receive notice of the screening requirements;
(2) electronically decline the screening; and
(3) provide electronic consent, including through
audio or video recording, to the disclosure of any information for
which consent is required under Sections 47.007 and 47.008.
(b) An electronic portal described by Subsection (a) must
allow a parent of a newborn child to revoke or modify any consent to
the disclosure of information and other information provided
through the portal.
SECTION 6. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement the
changes in law made by this Act.
SECTION 7. This Act takes effect September 1, 2019.