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  H.B. No. 1795
 
 
 
 
AN ACT
  relating to newborn screening and the creation of the Newborn
  Screening Advisory Committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as "Greyson's Law" in
  memory of Greyson Morris.
         SECTION 2.  Section 33.011(a-1), Health and Safety Code, is
  amended to read as follows:
         (a-1)  Except as provided by this subsection and to [To] the
  extent funding is available for the screening, the department shall
  require newborn screening tests to screen for disorders listed in
  the core [uniform] panel and in the secondary targets of the uniform
  newborn screening panel [conditions] recommended in the 2005 report
  by the American College of Medical Genetics entitled "Newborn
  Screening: Toward a Uniform Screening Panel and System" or another
  report determined by the department to provide more stringent [more
  appropriate] newborn screening guidelines to protect the health and
  welfare of this state's newborns. The department, with the advice
  of the Newborn Screening Advisory Committee, may require additional
  newborn screening tests under this subsection to screen for other
  disorders or conditions.  The department may exclude from the
  newborn screening tests required under this subsection screenings
  for galactose epimerase and galactokinase.
         SECTION 3.  Subchapter B, Chapter 33, Health and Safety
  Code, is amended by adding Section 33.017 to read as follows:
         Sec. 33.017.  NEWBORN SCREENING ADVISORY COMMITTEE.  (a)  
  The department shall establish the Newborn Screening Advisory
  Committee.
         (b)  The advisory committee consists of members appointed by
  the commissioner of state health services. The advisory committee
  must include the following members:
               (1)  health care providers;
               (2)  a hospital representative;
               (3)  persons who have family members affected by a
  condition for which newborn screening is or may be required under
  this subchapter; and
               (4)  persons who are involved in the delivery of
  newborn screening services, follow-up, or treatment in this state.
         (c)  The advisory committee shall advise the department
  regarding strategic planning, policy, rules, and services related
  to newborn screening and additional newborn screening tests.
         (d)  The advisory committee shall adopt bylaws governing the
  committee's operations.
         (e)  The advisory committee may appoint subcommittees.
         (f)  The advisory committee shall meet at least three times
  each year and at other times at the call of the commissioner of
  state health services.
         (g)  A member of the advisory committee is not entitled to
  compensation, but is entitled to reimbursement for travel or other
  expenses incurred by the member while conducting the business of
  the advisory committee, as provided by the General Appropriations
  Act.
         (h)  The advisory committee is not subject to Chapter 2110,
  Government Code.
         SECTION 4.  (a)  As soon as practicable after the effective
  date of this Act, the commissioner of state health services shall
  appoint members to the Newborn Screening Advisory Committee as
  required under Section 33.017, Health and Safety Code, as added by
  this Act.
         (b)  Notwithstanding Section 33.011, Health and Safety Code,
  as amended by this Act, a physician or person attending the delivery
  of a newborn child is not required to subject the child to the
  additional newborn screening tests required under Section
  33.011(a-1), Health and Safety Code, as amended by this Act, until
  January 1, 2010.
         SECTION 5.  The heading to Section 81.090, Health and Safety
  Code, is amended to read as follows:
         Sec. 81.090.  DIAGNOSTIC [SEROLOGIC] TESTING DURING
  PREGNANCY AND AFTER BIRTH.
         SECTION 6.  Section 81.090, Health and Safety Code, is
  amended by amending Subsections (a), (b), (c), (i), (j), (k), and
  (l) and adding Subsections (a-1), (c-1), and (c-2) to read as
  follows:
         (a)  A physician or other person permitted by law to attend a
  pregnant woman during gestation or at delivery of an infant shall:
               (1)  take or cause to be taken a sample of the woman's
  blood or other appropriate specimen at the first examination and
  visit;
               (2)  submit the sample to an appropriately certified 
  [a] laboratory [approved under this section] for diagnostic testing
  approved by the United States Food and Drug Administration for:
                     (A)  [a standard serologic test for] syphilis
  [approved by the board];
                     (B)  [a standard serologic test for] HIV infection
  [approved by the board]; and
                     (C)  [a standard serologic test for] hepatitis B
  infection [approved by the board]; and
               (3)  retain a report of each case for nine months and
  deliver the report to any successor in the case.
         (a-1)  A physician or other person permitted by law to attend
  a pregnant woman during gestation or at delivery of an infant shall:
               (1)  take or cause to be taken a sample of the woman's
  blood or other appropriate specimen at an examination in the third
  trimester of the pregnancy;
               (2)  submit the sample to an appropriately certified
  laboratory for a diagnostic test approved by the United States Food
  and Drug Administration for HIV infection; and
               (3)  retain a report of each case for nine months and
  deliver the report to any successor in the case.
         (b)  A successor is presumed to have complied with this
  section if the successor in good faith obtains a record that
  indicates compliance with Subsections (a) and (a-1), if applicable.
         (c)  A physician or other person in attendance at a delivery
  shall:
               (1)  take or cause to be taken a sample of blood or
  other appropriate specimen from the mother on admission for
  delivery; and
               (2)  submit the sample to an appropriately certified 
  [a] laboratory [approved under this section] for diagnostic testing
  approved by the United States Food and Drug Administration for:
                     (A)  [a standard serologic test for] syphilis
  [approved by the board]; and
                     (B)  [a standard serologic test for HIV infection
  approved by the board; and
                     [(C)  a standard serologic test for] hepatitis B
  infection [approved by the board].
         (c-1)  If the physician or other person in attendance at the
  delivery does not find in the woman's medical records results from
  the diagnostic test for HIV infection performed under Subsection
  (a-1), the physician or person shall:
               (1)  take or cause to be taken a sample of blood or
  other appropriate specimen from the mother;
               (2)  submit the sample to an appropriately certified
  laboratory for diagnostic testing approved by the United States
  Food and Drug Administration for HIV infection; and
               (3)  instruct the laboratory to expedite the processing
  of the test so that the results are received less than six hours
  after the time the sample is submitted.
         (c-2)  If the physician or other person in attendance at the
  delivery does not find in the woman's medical records results from a
  diagnostic test for HIV infection performed under Subsection (a-1),
  and the diagnostic test for HIV infection was not performed before
  delivery under Subsection (c-1), the physician or other person in
  attendance at delivery shall:
               (1)  take or cause to be taken a sample of blood or
  other appropriate specimen from the newborn child less than two
  hours after the time of birth;
               (2)  submit the sample to an appropriately certified
  laboratory for a diagnostic test approved by the United States Food
  and Drug Administration for HIV infection; and
               (3)  instruct the laboratory to expedite the processing
  of the test so that the results are received less than six hours
  after the time the sample is submitted.
         (i)  Before conducting or causing to be conducted a
  diagnostic [standard serologic] test for HIV infection under this
  section, the physician or other person shall advise the woman that
  the result of a test taken under this section is confidential as
  provided by Subchapter F, but that the test is not anonymous. The
  physician or other person shall explain the difference between a
  confidential and an anonymous test to the woman and that an
  anonymous test may be available from another entity. The physician
  or other person shall make the information available in another
  language, if needed, and if resources permit. The information
  shall be provided by the physician or another person, as needed, in
  a manner and in terms understandable to a person who may be
  illiterate if resources permit.
         (j)  The result of a [standard] test for HIV infection under
  Subsection (a)(2)(B), (a-1), (c-1), or (c-2) [(c)(2)(B)] is a test
  result for purposes of Subchapter F.
         (k)  Before the [blood] sample is taken, the health care
  provider shall distribute to the patient printed materials about
  AIDS, HIV, hepatitis B, and syphilis. A health care provider shall
  verbally notify the patient that an HIV test shall be performed if
  the patient does not object. If the patient objects, the patient
  shall be referred to an anonymous testing facility or instructed
  about anonymous testing methods. The health care provider shall
  note on the medical records that the distribution of printed
  materials was made and that verbal notification was given. The
  materials shall be provided to the health care provider by the
  department [Texas Department of Health] and shall be prepared and
  designed to inform the patients about:
               (1)  the incidence and mode of transmission of AIDS,
  HIV, hepatitis B, and syphilis;
               (2)  how being infected with HIV, AIDS, hepatitis B, or
  syphilis could affect the health of their child;
               (3)  the available cure for syphilis;
               (4)  the available treatment to prevent
  maternal-infant HIV transmission; and
               (5)  methods to prevent the transmission of the HIV
  virus, hepatitis B, and syphilis.
         (l)  A physician or other person may not conduct a diagnostic 
  [standard] test for HIV infection under Subsection (a)(2)(B),
  (a-1), or (c-1) [(c)(2)(B)] if the woman objects. A physician or
  other person may not conduct a diagnostic test for HIV infection
  under Subsection (c-2) if a parent, managing conservator, or
  guardian objects.
         SECTION 7.  Sections 81.090(d), (e), (f), and (h), Health
  and Safety Code, are repealed.
         SECTION 8.  (a)  Sections 81.090(a), (c), (i), and (k),
  Health and Safety Code, as amended by this Act, apply only to a test
  performed on or after the effective date of this Act. A test
  performed before the effective date of this Act is covered by the
  law in effect immediately before the effective date of this Act, and
  the former law is continued in effect for that purpose.
         (b)  Sections 81.090(a-1), (c-1), and (c-2), Health and
  Safety Code, as added by this Act, and Sections 81.090(b), (j), and
  (l), Health and Safety Code, as amended by this Act, apply only to a
  physician or other person attending a pregnant woman during
  gestation or at delivery of an infant on or after January 1, 2010.
         SECTION 9.  This Act does not make an appropriation.  A
  provision in this Act that creates a new governmental program,
  creates a new entitlement, or imposes a new duty on a governmental
  entity is not mandatory during a fiscal period for which the
  legislature has not made a specific appropriation to implement the
  provision.
         SECTION 10.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1795 was passed by the House on May
  14, 2009, by the following vote:  Yeas 142, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1795 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1795 on May 31, 2009, by the following vote:  Yeas 134,
  Nays 8, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1795 was passed by the Senate, with
  amendments, on May 27, 2009, by the following vote:  Yeas 28, Nays
  2; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1795 on May 31, 2009, by the following vote:  Yeas 28, Nays 2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor