Texas 2019 - 86th Regular

Texas Senate Bill SB1404

Caption

Relating to consent to the disclosure of certain information and to other matters relating to newborn and infant screening tests.

Impact

This legislation amends various sections of the Health and Safety Code, specifically focusing on improving how consent is handled for screenings that could involve sharing individually identifiable health information. By allowing electronic consent, the bill streamlines the process and makes it easier for parents to manage their children’s healthcare decisions. It also reinforces the requirement that physicians must provide paperwork and disclosures, ensuring families are well-informed about the nature of these screenings.

Summary

Senate Bill 1404 addresses the consent requirements for the disclosure of information regarding newborn and infant screening tests in Texas. The bill mandates the creation of a process by the Department of State Health Services that allows parents, managing conservators, or guardians to provide consent through electronic means, including audio or video recording. The updates aim to enhance the efficiency of obtaining consent while ensuring adherence to privacy protection standards regarding sensitive infant information.

Sentiment

The sentiment surrounding SB 1404 was largely positive among legislators, as indicated by the overwhelming voting support—passing the Senate with 30 votes in favor and just 1 against, and the House with 144 votes to 1. Proponents viewed the bill as a proactive measure that modernizes consent processes and better serves the needs of families and healthcare providers. However, there were concerns from some quarters about data privacy and whether electronic consent could safeguard sensitive information adequately.

Contention

While SB 1404 generally received strong bipartisan support, the discussion surrounding it touched on issues of health privacy and the adequacy of electronic methods for consent. Some opponents feared that the shift to electronic consent might create risks regarding the security of personal health information. The legislation emphasizes parental control and highlights the state's responsibility in ensuring confidentiality while expanding access to necessary health services for newborns.

Companion Bills

TX HB3735

Same As Relating to an electronic portal for disclosures and consent regarding certain newborn screening information.

Previously Filed As

TX HB3735

Relating to an electronic portal for disclosures and consent regarding certain newborn screening information.

Similar Bills

TX HB3309

Relating to appointment of and performance of notarial acts by an electronic notary public; authorizing a fee and creating a criminal offense.

TX HB1217

Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.

CA AB1667

Electronic wills.

CA AB2961

Civil procedure: electronic filing and service.

LA HB572

Provides for electronic notaries public and electronic notarial acts

CA AB2283

Civil actions: electronic service.

CA SB666

Service of papers: electronic service by court.

CA AB2165

Electronic filing and service of documents.