88R11868 EAS-F
By: Johnson of Dallas H.B. No. 4068
A BILL TO BE ENTITLED
AN ACT
relating to newborn testing for congenital cytomegalovirus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 47, Health and Safety Code, is amended by
adding Section 47.0032 to read as follows:
Sec. 47.0032. NEWBORN TESTING FOR CONGENITAL
CYTOMEGALOVIRUS. (a) In this section, "congenital
cytomegalovirus" means human herpesvirus cytomegalovirus acquired
by a newborn before birth.
(b) A birthing facility, through a program certified by the
department under Section 47.004, shall perform, either directly as
part of the newborn dried blood spot screening or through a referral
to another program certified under that section, a test for
congenital cytomegalovirus on each newborn before the newborn is
discharged from the facility unless:
(1) the parents decline the test;
(2) the newborn is transferred to another facility
before the test is performed;
(3) the test has previously been completed; or
(4) the newborn was discharged from the birthing
facility not more than 10 hours after birth and a referral for the
newborn was made to a program certified under Section 47.004 at
another birthing facility or operated by a physician or other
health care provider.
(c) The birthing facility shall inform the parents during
admission that the facility is required by law to conduct a test for
congenital cytomegalovirus and that the parents may decline the
test.
(d) Subject to Section 47.008, the department shall
maintain data and information on each newborn who receives a test
under Subsection (b).
(e) The department shall ensure that the results of the test
required by Subsection (b) are communicated to:
(1) the newborn's parents; and
(2) the newborn's designated physician or health care
provider.
(f) If a newborn receives medical intervention services for
congenital cytomegalovirus, including pharmaceutical
intervention, the specialist shall report the results of the
intervention to the department and, if necessary, inform the
newborn's designated physician or health care provider.
(g) The executive commissioner may adopt rules as necessary
to implement this section.
SECTION 2. This Act takes effect September 1, 2023.