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  H.B. No. 2330
 
 
 
 
AN ACT
  relating to laboratory tests measuring kidney function.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.002, Health and Safety Code, is
  amended by adding Subdivisions (3) and (4) to read as follows:
               (3)  "Serum creatinine test" is a diagnostic test of a
  person's blood that measures the level of creatinine present in the
  blood.
               (4)  "Estimated glomerular filtration rate" is a
  calculation of a person's kidney function based on:
                     (A)  the person's age, race, and gender; and
                     (B)  the results of the person's serum creatinine
  test.
         SECTION 2.  Chapter 42, Health and Safety Code, is amended by
  adding Section 42.0047 to read as follows:
         Sec. 42.0047.  ESTIMATED GLOMERULAR FILTRATION RATE
  REPORTING. (a)  A laboratory that performs a serum creatinine test
  on a sample from a person 18 years of age or older shall also
  calculate and include in the reported results the person's
  estimated glomerular filtration rate or the results of an
  alternative equivalent calculation measuring kidney function if
  the laboratory receives along with the sample all relevant clinical
  information about the person necessary to calculate the person's
  estimated glomerular filtration rate or perform an alternative
  equivalent calculation.  A physician requesting a serum creatinine
  test shall provide to the laboratory all relevant clinical
  information about the person necessary to calculate the person's
  estimated glomerular filtration rate or perform an alternative
  equivalent calculation unless the physician determines that the
  calculation is unnecessary.
         (b)  The requirements under Subsection (a) do not apply to:
               (1)  a laboratory that uses equipment to perform serum
  creatinine tests that cannot be reprogrammed to calculate the
  estimated glomerular filtration rate or perform an alternative
  equivalent calculation measuring kidney function; or
               (2)  a laboratory performing a serum creatinine test on
  a sample taken from a patient who is being treated in a hospital.
         SECTION 3.  The change in law made by this Act applies only
  to a serum creatinine test performed on or after the effective date
  of this Act. A serum creatinine test performed before the effective
  date of this Act is covered by the law in effect immediately before
  that date, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2330 was passed by the House on April
  9, 2009, by the following vote:  Yeas 148, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2330 on May 23, 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. 2330 on May 31, 2009, by the following vote:  Yeas 142,
  Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2330 was passed by the Senate, with
  amendments, on May 21, 2009, by the following vote:  Yeas 31, Nays
  0; 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.
  2330 on May 31, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor