Texas 2023 - 88th Regular

Texas House Bill HB3212 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22631 MPF-F
2	2	By: Toth H.B. No. 3212
3	3	Substitute the following for H.B. No. 3212:
4	4	By: Klick C.S.H.B. No. 3212
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to newborn screening tests.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as Mallori's Act.
12	12	SECTION 2. Section 33.011, Health and Safety Code, is
13	13	amended by adding Subsection (g) to read as follows:
14	14	(g) A laboratory or facility established or approved by the
15	15	department to perform newborn screening tests required by this
16	16	section must perform screening tests seven days a week.
17	17	SECTION 3. Subchapter B, Chapter 33, Health and Safety
18	18	Code, is amended by adding Section 33.0113 to read as follows:
19	19	Sec. 33.0113. REQUIRED DISCLOSURES BEFORE DISCHARGE OF
20	20	NEWBORN. Before a birthing facility discharges a newborn from the
21	21	facility, the facility shall orally inform the parent, managing
22	22	conservator, or guardian of the newborn of:
23	23	(1) any risks associated with failure to perform a
24	24	screening test under Section 33.011; and
25	25	(2) the importance of the parent, managing
26	26	conservator, or guardian receiving and reviewing in a timely manner
27	27	the results of a screening test specimen analysis.
28	28	SECTION 4. Section 161.501(a), Health and Safety Code, is
29	29	amended to read as follows:
30	30	(a) A hospital, birthing center, physician, nurse midwife,
31	31	or midwife who provides prenatal care to a pregnant woman during
32	32	gestation or at delivery of an infant shall:
33	33	(1) provide the woman and the father of the infant, if
34	34	possible, or another adult caregiver for the infant, with a
35	35	resource pamphlet that includes:
36	36	(A) a list of the names, addresses, and phone
37	37	numbers of professional organizations that provide postpartum
38	38	counseling and assistance to parents relating to postpartum
39	39	depression and other emotional trauma associated with pregnancy and
40	40	parenting;
41	41	(B) information regarding the prevention of
42	42	shaken baby syndrome including:
43	43	(i) techniques for coping with anger caused
44	44	by a crying baby;
45	45	(ii) different methods for preventing a
46	46	person from shaking a newborn, infant, or other young child;
47	47	(iii) the dangerous effects of shaking a
48	48	newborn, infant, or other young child; and
49	49	(iv) the symptoms of shaken baby syndrome
50	50	and who to contact, as recommended by the American Academy of
51	51	Pediatrics, if a parent suspects or knows that a baby has been
52	52	shaken in order to receive prompt medical treatment;
53	53	(C) a list of diseases for which a child is
54	54	required by state law to be immunized and the appropriate schedule
55	55	for the administration of those immunizations;
56	56	(D) the appropriate schedule for follow-up
57	57	procedures for newborn screening and information regarding:
58	58	(i) any risks associated with failure to
59	59	perform a newborn screening test under Section 33.011; and
60	60	(ii) the importance of the woman and father
61	61	of the infant, or another adult caregiver for the infant, receiving
62	62	and reviewing in a timely manner the results of a screening test
63	63	specimen analysis;
64	64	(E) information regarding sudden infant death
65	65	syndrome, including current recommendations for infant sleeping
66	66	conditions to lower the risk of sudden infant death syndrome;
67	67	(F) educational information in both English and
68	68	Spanish on:
69	69	(i) pertussis disease and the availability
70	70	of a vaccine to protect against pertussis, including information on
71	71	the Centers for Disease Control and Prevention recommendation that
72	72	parents receive Tdap during the postpartum period to protect
73	73	newborns from the transmission of pertussis; and
74	74	(ii) the incidence of cytomegalovirus,
75	75	birth defects caused by congenital cytomegalovirus, and available
76	76	resources for the family of an infant born with congenital
77	77	cytomegalovirus; and
78	78	(G) the danger of heatstroke for a child left
79	79	unattended in a motor vehicle;
80	80	(2) if the woman is a recipient of medical assistance
81	81	under Chapter 32, Human Resources Code, provide the woman and the
82	82	father of the infant, if possible, or another adult caregiver with a
83	83	resource guide that includes information in both English and
84	84	Spanish relating to the development, health, and safety of a child
85	85	from birth until age five, including information relating to:
86	86	(A) selecting and interacting with a primary
87	87	health care practitioner and establishing a "medical home" for the
88	88	child;
89	89	(B) dental care;
90	90	(C) effective parenting;
91	91	(D) child safety;
92	92	(E) the importance of reading to a child;
93	93	(F) expected developmental milestones;
94	94	(G) health care resources available in the state;
95	95	(H) selecting appropriate child care; and
96	96	(I) other resources available in the state;
97	97	(3) document in the woman's record that the woman
98	98	received the resource pamphlet described in Subdivision (1) and the
99	99	resource guide described in Subdivision (2), if applicable; and
100	100	(4) retain the documentation for at least five years
101	101	in the hospital's, birthing center's, physician's, nurse midwife's,
102	102	or midwife's records.
103	103	SECTION 5. (a) Not later than September 1, 2023, the
104	104	Department of State Health Services shall include the information
105	105	required by Section 161.501(a)(1)(D), Health and Safety Code, as
106	106	amended by this Act, in the informational materials required by
107	107	that section.
108	108	(b) Notwithstanding Section 161.501(a)(1)(D), Health and
109	109	Safety Code, as amended by this Act, a hospital, birthing center,
110	110	physician, nurse midwife, or midwife who provides prenatal care to
111	111	a pregnant woman during gestation or at delivery of an infant is not
112	112	required to comply with that provision until September 1, 2023.
113	113	SECTION 6. This Act takes effect immediately if it receives
114	114	a vote of two-thirds of all the members elected to each house, as
115	115	provided by Section 39, Article III, Texas Constitution. If this
116	116	Act does not receive the vote necessary for immediate effect, this
117	117	Act takes effect September 1, 2023.