9 | 3 | | |
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10 | 4 | | |
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11 | 5 | | |
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12 | 6 | | |
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13 | 7 | | A BILL TO BE ENTITLED |
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14 | 8 | | AN ACT |
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15 | 9 | | relating to newborn screening tests for Duchenne muscular |
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16 | 10 | | dystrophy. |
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17 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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18 | 12 | | SECTION 1. The heading to Chapter 33, Health and Safety |
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19 | 13 | | Code, is amended to read as follows: |
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20 | 14 | | CHAPTER 33. DUCHENNE MUSCULAR DYSTROPHY, PHENYLKETONURIA, OTHER |
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21 | 15 | | HERITABLE DISEASES, HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS |
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22 | 16 | | SECTION 2. Section 33.001, Health and Safety Code, is |
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23 | 17 | | amended by adding Subdivision (6) to read as follows: |
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24 | 18 | | (6) "Duchenne muscular dystrophy" means a progressive |
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25 | 19 | | muscular degeneration disorder caused by alterations of the protein |
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26 | 20 | | dystrophin and characterized by progressive muscle degeneration |
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27 | 21 | | and weakness. |
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28 | 22 | | SECTION 3. Sections 33.002(a) and (c), Health and Safety |
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29 | 23 | | Code, are amended to read as follows: |
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30 | 24 | | (a) The department shall carry out a program to combat |
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31 | 25 | | morbidity, including intellectual disability, and mortality in |
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32 | 26 | | persons who have Duchenne muscular dystrophy, phenylketonuria, |
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33 | 27 | | other heritable diseases, or hypothyroidism. |
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34 | 28 | | (c) The department shall establish and maintain a |
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35 | 29 | | laboratory to: |
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36 | 30 | | (1) conduct experiments, projects, and other |
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37 | 31 | | activities necessary to develop screening or diagnostic tests for |
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38 | 32 | | the early detection of Duchenne muscular dystrophy, |
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39 | 33 | | phenylketonuria, other heritable diseases, and hypothyroidism; |
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40 | 34 | | (2) develop ways and means or discover methods to be |
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41 | 35 | | used to prevent or treat Duchenne muscular dystrophy, |
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42 | 36 | | phenylketonuria, other heritable diseases, and hypothyroidism; and |
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43 | 37 | | (3) serve other purposes considered necessary by the |
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44 | 38 | | department to carry out the program. |
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45 | 39 | | SECTION 4. Section 33.011(a), Health and Safety Code, is |
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46 | 40 | | amended to read as follows: |
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47 | 41 | | (a) The physician attending a newborn child or the person |
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48 | 42 | | attending the delivery of a newborn child that is not attended by a |
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49 | 43 | | physician shall cause the child to be subjected to screening tests |
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50 | 44 | | approved by the department for Duchenne muscular dystrophy, |
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51 | 45 | | phenylketonuria, other heritable diseases, hypothyroidism, and |
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52 | 46 | | other disorders for which screening is required by the department. |
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53 | 47 | | SECTION 5. Section 33.014(a), Health and Safety Code, is |
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54 | 48 | | amended to read as follows: |
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55 | 49 | | (a) If, because of an analysis of a specimen submitted under |
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56 | 50 | | Section 33.011, the department reasonably suspects that a newborn |
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57 | 51 | | child may have Duchenne muscular dystrophy, phenylketonuria, |
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58 | 52 | | another heritable disease, hypothyroidism, or another disorder for |
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59 | 53 | | which the screening tests are required, the department shall notify |
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60 | 54 | | the person who submits the specimen that the results are abnormal |
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61 | 55 | | and provide the test results to that person. The department may |
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62 | 56 | | notify one or more of the following that the results of the analysis |
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63 | 57 | | are abnormal and recommend further testing when necessary: |
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64 | 58 | | (1) the physician attending the newborn child or the |
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65 | 59 | | physician's designee; |
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66 | 60 | | (2) the person attending the delivery of the newborn |
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67 | 61 | | child that was not attended by a physician; |
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68 | 62 | | (3) the parents of the newborn child; |
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69 | 63 | | (4) the health authority of the jurisdiction in which |
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70 | 64 | | the newborn child was born or in which the child resides, if known; |
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71 | 65 | | or |
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72 | 66 | | (5) physicians who are cooperating pediatric |
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73 | 67 | | specialists for the program. |
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74 | 68 | | SECTION 6. Section 33.031(a), Health and Safety Code, is |
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75 | 69 | | amended to read as follows: |
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76 | 70 | | (a) All newborn children and other individuals under 21 |
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77 | 71 | | years of age who have been screened, have been found to be |
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78 | 72 | | presumptively positive through the newborn screening program for |
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79 | 73 | | Duchenne muscular dystrophy, phenylketonuria, other heritable |
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80 | 74 | | diseases, hypothyroidism, or another disorder for which the |
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81 | 75 | | screening tests are required, and may be financially eligible may |
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82 | 76 | | be referred to the department's services program for children with |
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83 | 77 | | special health care needs. |
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84 | 78 | | SECTION 7. Section 33.032(a), Health and Safety Code, is |
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85 | 79 | | amended to read as follows: |
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86 | 80 | | (a) Within the limits of funds available for this purpose |
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87 | 81 | | and in cooperation with the individual's physician, the department |
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88 | 82 | | may provide services directly or through approved providers to |
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89 | 83 | | individuals of any age who meet the eligibility criteria specified |
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90 | 84 | | by department rules on the confirmation of a positive test for |
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91 | 85 | | Duchenne muscular dystrophy, phenylketonuria, other heritable |
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92 | 86 | | diseases, hypothyroidism, or another disorder for which the |
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93 | 87 | | screening tests are required. |
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94 | 88 | | SECTION 8. Section 203.355(c), Occupations Code, is amended |
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95 | 89 | | to read as follows: |
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96 | 90 | | (c) The laboratory services must include the performance of |
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97 | 91 | | the standard serological tests for syphilis and the collection of |
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98 | 92 | | blood specimens for newborn screening tests for Duchenne muscular |
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99 | 93 | | dystrophy, phenylketonuria, hypothyroidism, and other heritable |
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100 | 94 | | diseases as required by law. |
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101 | | - | SECTION 9. Upon completion of the laboratory described by |
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102 | | - | Section 33.002(c), Health and Safety Code, as amended by this Act, |
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103 | | - | the Department of State Health Services shall implement the changes |
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104 | | - | in law made by this Act to the newborn screening program under |
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105 | | - | Chapter 33, Health and Safety Code. |
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106 | | - | SECTION 10. The Department of State Health Services is |
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107 | | - | required to implement a provision of this Act only if the |
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108 | | - | legislature appropriates money specifically for that purpose. If |
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109 | | - | the legislature does not appropriate money specifically for that |
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110 | | - | purpose, the department may, but is not required to, implement a |
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111 | | - | provision of this Act using other money available for that purpose. |
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112 | | - | SECTION 11. This Act takes effect September 1, 2025. |
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113 | | - | * * * * * |
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| 95 | + | SECTION 9. Not later than September 1, 2027, the Department |
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| 96 | + | of State Health Services shall implement the changes in law made by |
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| 97 | + | this Act to the newborn screening program under Chapter 33, Health |
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| 98 | + | and Safety Code. |
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| 99 | + | SECTION 10. This Act takes effect September 1, 2025. |
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