Texas 2019 - 86th Regular

Texas House Bill HB3735 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11429 JG-F
2	2	By: Klick H.B. No. 3735
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an electronic portal for disclosures and consent
8	8	regarding certain newborn screening information.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 33.0111(c), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(c) At the time a newborn child is subjected to screening
13	13	tests under Section 33.011 or at a time before the screening as
14	14	determined by[,] the physician attending a newborn child or the
15	15	person attending the delivery of a newborn child that is not
16	16	attended by a physician, the physician or person shall provide the
17	17	parent, managing conservator, or guardian of a newborn child a copy
18	18	of the written disclosure statement developed by the department
19	19	under this section.
20	20	SECTION 2. Subchapter B, Chapter 33, Health and Safety
21	21	Code, is amended by adding Section 33.0113 to read as follows:
22	22	Sec. 33.0113. ELECTRONIC PORTAL. (a) Each birthing
23	23	facility or other entity at which screening tests required under
24	24	this chapter are conducted may maintain an electronic portal
25	25	through which a parent, managing conservator, or guardian of a
26	26	newborn child may:
27	27	(1) access and confirm receipt of the disclosure
28	28	statement described by Section 33.0111 before or at the time of the
29	29	newborn screening;
30	30	(2) request an exemption to the screening tests under
31	31	Section 33.012 before the newborn screening; and
32	32	(3) provide electronic consent, including through
33	33	audio or video recording, to the disclosure of screening results
34	34	under Section 33.018(c-1) before or at the time of the screening.
35	35	(b) An electronic portal described by Subsection (a) must
36	36	allow a parent, managing conservator, or guardian of a newborn
37	37	child to revoke or modify the request for an exemption or consent to
38	38	the disclosure of information provided through the portal.
39	39	SECTION 3. Section 47.007(g), Health and Safety Code, is
40	40	amended to read as follows:
41	41	(g) The department shall ensure that the written or
42	42	electronic consent of a parent is obtained before any information
43	43	individually identifying the newborn or infant is released through
44	44	the information management, reporting, and tracking system.
45	45	SECTION 4. Section 47.008(c), Health and Safety Code, is
46	46	amended to read as follows:
47	47	(c) The executive commissioner by rule shall develop
48	48	guidelines to protect the confidentiality of patients in accordance
49	49	with Chapter 159, Occupations Code, and require the written or
50	50	electronic consent of a parent or guardian of a patient before any
51	51	individually identifying information is provided to the department
52	52	as set out in this chapter. The department shall permit a parent or
53	53	guardian at any time to withdraw information provided to the
54	54	department under this chapter.
55	55	SECTION 5. Chapter 47, Health and Safety Code, is amended by
56	56	adding Section 47.0085 to read as follows:
57	57	Sec. 47.0085. ELECTRONIC PORTAL. (a) Each birthing
58	58	facility or other entity at which screening tests required under
59	59	this chapter are conducted may maintain an electronic portal
60	60	through which a parent of a newborn child may:
61	61	(1) receive notice of the screening requirements;
62	62	(2) electronically decline the screening; and
63	63	(3) provide electronic consent, including through
64	64	audio or video recording, to the disclosure of any information for
65	65	which consent is required under Sections 47.007 and 47.008.
66	66	(b) An electronic portal described by Subsection (a) must
67	67	allow a parent of a newborn child to revoke or modify any consent to
68	68	the disclosure of information and other information provided
69	69	through the portal.
70	70	SECTION 6. As soon as practicable after the effective date
71	71	of this Act, the executive commissioner of the Health and Human
72	72	Services Commission shall adopt rules necessary to implement the
73	73	changes in law made by this Act.
74	74	SECTION 7. This Act takes effect September 1, 2019.