| 1 | 1 | | 88R7148 EAS-F |
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| 2 | 2 | | By: Johnson S.B. No. 1285 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to newborn or infant testing for congenital |
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| 8 | 8 | | cytomegalovirus. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 47.003, Health and Safety |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 47.003. NEWBORN OR INFANT HEARING SCREENING, TRACKING, |
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| 13 | 13 | | AND INTERVENTION PROGRAM; TESTING FOR CONGENITAL CYTOMEGALOVIRUS. |
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| 14 | 14 | | SECTION 2. Section 47.003, Health and Safety Code, is |
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| 15 | 15 | | amended by amending Subsections (a), (a-1), and (c) and adding |
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| 16 | 16 | | Subsection (g) to read as follows: |
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| 17 | 17 | | (a) A birthing facility, through a program certified by the |
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| 18 | 18 | | department under Section 47.004, shall perform, either directly or |
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| 19 | 19 | | through a referral to another program certified under that section, |
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| 20 | 20 | | a hearing screening for the identification of hearing loss and a |
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| 21 | 21 | | test for congenital cytomegalovirus on each newborn or infant born |
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| 22 | 22 | | at the facility before the newborn or infant is discharged from the |
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| 23 | 23 | | facility unless: |
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| 24 | 24 | | (1) the parent declines the screening or test; |
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| 25 | 25 | | (2) the newborn or infant is transferred to another |
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| 26 | 26 | | facility before the screening or test is performed; |
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| 27 | 27 | | (3) the screening or test has previously been |
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| 28 | 28 | | completed; or |
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| 29 | 29 | | (4) the newborn was discharged from the birthing |
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| 30 | 30 | | facility not more than 10 hours after birth and a referral for the |
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| 31 | 31 | | newborn was made to a program certified under Section 47.004 at |
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| 32 | 32 | | another birthing facility or operated by a physician or other |
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| 33 | 33 | | health care provider. |
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| 34 | 34 | | (a-1) The birthing facility shall inform the parents during |
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| 35 | 35 | | admission that: |
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| 36 | 36 | | (1) the facility is required by law to: |
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| 37 | 37 | | (A) screen a newborn or infant for hearing loss; |
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| 38 | 38 | | and |
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| 39 | 39 | | (B) conduct a test for congenital |
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| 40 | 40 | | cytomegalovirus; and |
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| 41 | 41 | | (2) the parents may decline both the screening and the |
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| 42 | 42 | | test required under Subdivision (1). |
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| 43 | 43 | | (c) Subject to Section 47.008, the department shall |
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| 44 | 44 | | maintain data and information on each newborn or infant who |
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| 45 | 45 | | receives a hearing screening or congenital cytomegalovirus test |
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| 46 | 46 | | under Subsection (a). |
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| 47 | 47 | | (g) In this section, "congenital cytomegalovirus" has the |
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| 48 | 48 | | meaning assigned by Section 46.001. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2023. |
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