Texas 2025 - 89th Regular

Texas Senate Bill SB1044 Compare Versions

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1+89R9499 EAS-F
12 By: Parker S.B. No. 1044
2- (In the Senate - Filed January 31, 2025; February 24, 2025,
3- read first time and referred to Committee on Health & Human
4- Services; April 14, 2025, reported adversely, with favorable
5- Committee Substitute by the following vote: Yeas 9, Nays 0;
6- April 14, 2025, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 1044 By: Perry
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137 A BILL TO BE ENTITLED
148 AN ACT
159 relating to newborn screening tests for Duchenne muscular
1610 dystrophy.
1711 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1812 SECTION 1. The heading to Chapter 33, Health and Safety
1913 Code, is amended to read as follows:
2014 CHAPTER 33. DUCHENNE MUSCULAR DYSTROPHY, PHENYLKETONURIA, OTHER
2115 HERITABLE DISEASES, HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS
2216 SECTION 2. Section 33.001, Health and Safety Code, is
2317 amended by adding Subdivision (6) to read as follows:
2418 (6) "Duchenne muscular dystrophy" means a progressive
2519 muscular degeneration disorder caused by alterations of the protein
2620 dystrophin and characterized by progressive muscle degeneration
2721 and weakness.
2822 SECTION 3. Sections 33.002(a) and (c), Health and Safety
2923 Code, are amended to read as follows:
3024 (a) The department shall carry out a program to combat
3125 morbidity, including intellectual disability, and mortality in
3226 persons who have Duchenne muscular dystrophy, phenylketonuria,
3327 other heritable diseases, or hypothyroidism.
3428 (c) The department shall establish and maintain a
3529 laboratory to:
3630 (1) conduct experiments, projects, and other
3731 activities necessary to develop screening or diagnostic tests for
3832 the early detection of Duchenne muscular dystrophy,
3933 phenylketonuria, other heritable diseases, and hypothyroidism;
4034 (2) develop ways and means or discover methods to be
4135 used to prevent or treat Duchenne muscular dystrophy,
4236 phenylketonuria, other heritable diseases, and hypothyroidism; and
4337 (3) serve other purposes considered necessary by the
4438 department to carry out the program.
4539 SECTION 4. Section 33.011(a), Health and Safety Code, is
4640 amended to read as follows:
4741 (a) The physician attending a newborn child or the person
4842 attending the delivery of a newborn child that is not attended by a
4943 physician shall cause the child to be subjected to screening tests
5044 approved by the department for Duchenne muscular dystrophy,
5145 phenylketonuria, other heritable diseases, hypothyroidism, and
5246 other disorders for which screening is required by the department.
5347 SECTION 5. Section 33.014(a), Health and Safety Code, is
5448 amended to read as follows:
5549 (a) If, because of an analysis of a specimen submitted under
5650 Section 33.011, the department reasonably suspects that a newborn
5751 child may have Duchenne muscular dystrophy, phenylketonuria,
5852 another heritable disease, hypothyroidism, or another disorder for
5953 which the screening tests are required, the department shall notify
6054 the person who submits the specimen that the results are abnormal
6155 and provide the test results to that person. The department may
6256 notify one or more of the following that the results of the analysis
6357 are abnormal and recommend further testing when necessary:
6458 (1) the physician attending the newborn child or the
6559 physician's designee;
6660 (2) the person attending the delivery of the newborn
6761 child that was not attended by a physician;
6862 (3) the parents of the newborn child;
6963 (4) the health authority of the jurisdiction in which
7064 the newborn child was born or in which the child resides, if known;
7165 or
7266 (5) physicians who are cooperating pediatric
7367 specialists for the program.
7468 SECTION 6. Section 33.031(a), Health and Safety Code, is
7569 amended to read as follows:
7670 (a) All newborn children and other individuals under 21
7771 years of age who have been screened, have been found to be
7872 presumptively positive through the newborn screening program for
7973 Duchenne muscular dystrophy, phenylketonuria, other heritable
8074 diseases, hypothyroidism, or another disorder for which the
8175 screening tests are required, and may be financially eligible may
8276 be referred to the department's services program for children with
8377 special health care needs.
8478 SECTION 7. Section 33.032(a), Health and Safety Code, is
8579 amended to read as follows:
8680 (a) Within the limits of funds available for this purpose
8781 and in cooperation with the individual's physician, the department
8882 may provide services directly or through approved providers to
8983 individuals of any age who meet the eligibility criteria specified
9084 by department rules on the confirmation of a positive test for
9185 Duchenne muscular dystrophy, phenylketonuria, other heritable
9286 diseases, hypothyroidism, or another disorder for which the
9387 screening tests are required.
9488 SECTION 8. Section 203.355(c), Occupations Code, is amended
9589 to read as follows:
9690 (c) The laboratory services must include the performance of
9791 the standard serological tests for syphilis and the collection of
9892 blood specimens for newborn screening tests for Duchenne muscular
9993 dystrophy, phenylketonuria, hypothyroidism, and other heritable
10094 diseases as required by law.
101- SECTION 9. Upon completion of the laboratory described by
102- Section 33.002(c), Health and Safety Code, as amended by this Act,
103- the Department of State Health Services shall implement the changes
104- in law made by this Act to the newborn screening program under
105- Chapter 33, Health and Safety Code.
106- SECTION 10. The Department of State Health Services is
107- required to implement a provision of this Act only if the
108- legislature appropriates money specifically for that purpose. If
109- the legislature does not appropriate money specifically for that
110- purpose, the department may, but is not required to, implement a
111- provision of this Act using other money available for that purpose.
112- SECTION 11. This Act takes effect September 1, 2025.
113- * * * * *
95+ SECTION 9. Not later than September 1, 2027, the Department
96+ of State Health Services shall implement the changes in law made by
97+ this Act to the newborn screening program under Chapter 33, Health
98+ and Safety Code.
99+ SECTION 10. This Act takes effect September 1, 2025.