Texas 2019 - 86th Regular

Texas Senate Bill SB1404 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1404
	1	+	By: Powell S.B. No. 1404
	2	+	(Klick)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to consent to the disclosure of certain information and to
6	8		other matters relating to newborn and infant screening tests.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter A, Chapter 33, Health and Safety
9	11		Code, is amended by adding Section 33.005 to read as follows:
10	12		Sec. 33.005. CONSENT. (a) The department shall create a
11	13		process to:
12	14		(1) permit the parent, managing conservator, or
13	15		guardian of a newborn child to provide the consent required under
14	16		this chapter through electronic means, including through audio or
15	17		video recording;
16	18		(2) determine the manner of storing electronic consent
17	19		records; and
18	20		(3) ensure the newborn child's attending physician has
19	21		access to the electronic consent records for the child.
20	22		(b) A request for consent required by this chapter may be
21	23		submitted to the parent, managing conservator, or guardian of a
22	24		newborn child through written or electronic means, including
23	25		through audio or visual recording.
24	26		(c) A birthing facility or person required to obtain consent
25	27		under this chapter is not required to use the process created by the
26	28		department under this section to obtain the consent.
27	29		SECTION 2. Section 33.0111, Health and Safety Code, is
28	30		amended by adding Subsection (b-1) and amending Subsection (c) to
29	31		read as follows:
30	32		(b-1) The department may provide the disclosure statement
31	33		required by Subsection (a) in various formats and languages to
32	34		ensure clear communication of information on the screening test
33	35		required under this chapter.
34	36		(c) At the time a newborn child is subjected to screening
35	37		tests under Section 33.011, the physician attending a newborn child
36	38		or the person attending the delivery of a newborn child that is not
37	39		attended by a physician shall provide the parent, managing
38	40		conservator, or guardian of a newborn child a copy of the written or
39	41		electronic disclosure statement developed by the department under
40	42		this section.
41	43		SECTION 3. Section 47.007(g), Health and Safety Code, is
42	44		amended to read as follows:
43	45		(g) The department shall ensure that the written or
44	46		electronic consent of a parent is obtained before any information
45	47		individually identifying the newborn or infant is released through
46	48		the information management, reporting, and tracking system.
47	49		SECTION 4. Section 47.008(c), Health and Safety Code, is
48	50		amended to read as follows:
49	51		(c) The executive commissioner by rule shall develop
50	52		guidelines to protect the confidentiality of patients in accordance
51	53		with Chapter 159, Occupations Code, and require the written or
52	54		electronic consent of a parent or guardian of a patient before any
53	55		individually identifying information is provided to the department
54	56		as set out in this chapter. The department shall permit a parent or
55	57		guardian at any time to withdraw information provided to the
56	58		department under this chapter.
57	59		SECTION 5. Chapter 47, Health and Safety Code, is amended by
58	60		adding Section 47.0085 to read as follows:
59	61		Sec. 47.0085. CONSENT. (a) The department shall create a
60	62		process to:
61	63		(1) permit the parent of a newborn or infant to provide
62	64		the consent required under this chapter through electronic means,
63	65		including through audio or video recording;
64	66		(2) determine the manner of storing electronic consent
65	67		records; and
66	68		(3) ensure the newborn's or infant's attending
67	69		physician has access to the electronic consent records for the
68	70		newborn or infant.
69	71		(b) A request for consent required by this chapter may be
70	72		submitted to the parent or guardian of a newborn or infant through
71	73		written or electronic means, including through audio or visual
72	74		recording.
73	75		(c) A birthing facility or person required to obtain consent
74	76		under this chapter is not required to use the process created by the
75	77		department under this section to obtain the consent.
76	78		SECTION 6. The Department of State Health Services is
77	79		required to implement a provision of this Act only if the
78	80		legislature appropriates money specifically for that purpose. If
79	81		the legislature does not appropriate money specifically for that
80	82		purpose, the department may, but is not required to, implement a
81	83		provision of this Act using other appropriations available for that
82	84		purpose.
83	85		SECTION 7. This Act takes effect September 1, 2019.
84		-	______________________________ ______________________________
85		-	President of the Senate Speaker of the House
86		-	I hereby certify that S.B. No. 1404 passed the Senate on
87		-	May 7, 2019, by the following vote: Yeas 30, Nays 1.
88		-	______________________________
89		-	Secretary of the Senate
90		-	I hereby certify that S.B. No. 1404 passed the House on
91		-	May 22, 2019, by the following vote: Yeas 144, Nays 1, one
92		-	present not voting.
93		-	______________________________
94		-	Chief Clerk of the House
95		-	Approved:
96		-	______________________________
97		-	Date
98		-	______________________________
99		-	Governor