S.B. No. 1404
AN ACT
relating to consent to the disclosure of certain information and to
other matters relating to newborn and infant screening tests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 33, Health and Safety
Code, is amended by adding Section 33.005 to read as follows:
Sec. 33.005. CONSENT. (a) The department shall create a
process to:
(1) permit the parent, managing conservator, or
guardian of a newborn child to provide the consent required under
this chapter through electronic means, including through audio or
video recording;
(2) determine the manner of storing electronic consent
records; and
(3) ensure the newborn child's attending physician has
access to the electronic consent records for the child.
(b) A request for consent required by this chapter may be
submitted to the parent, managing conservator, or guardian of a
newborn child through written or electronic means, including
through audio or visual recording.
(c) A birthing facility or person required to obtain consent
under this chapter is not required to use the process created by the
department under this section to obtain the consent.
SECTION 2. Section 33.0111, Health and Safety Code, is
amended by adding Subsection (b-1) and amending Subsection (c) to
read as follows:
(b-1) The department may provide the disclosure statement
required by Subsection (a) in various formats and languages to
ensure clear communication of information on the screening test
required under this chapter.
(c) At the time a newborn child is subjected to screening
tests under Section 33.011, the physician attending a newborn child
or the person attending the delivery of a newborn child that is not
attended by a physician shall provide the parent, managing
conservator, or guardian of a newborn child a copy of the written or
electronic disclosure statement developed by the department under
this section.
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. CONSENT. (a) The department shall create a
process to:
(1) permit the parent of a newborn or infant to provide
the consent required under this chapter through electronic means,
including through audio or video recording;
(2) determine the manner of storing electronic consent
records; and
(3) ensure the newborn's or infant's attending
physician has access to the electronic consent records for the
newborn or infant.
(b) A request for consent required by this chapter may be
submitted to the parent or guardian of a newborn or infant through
written or electronic means, including through audio or visual
recording.
(c) A birthing facility or person required to obtain consent
under this chapter is not required to use the process created by the
department under this section to obtain the consent.
SECTION 6. The Department of State Health Services is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the department may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 7. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1404 passed the Senate on
May 7, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1404 passed the House on
May 22, 2019, by the following vote: Yeas 144, Nays 1, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor