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  83R836 AED-D
 
  By: Thompson of Harris H.B. No. 392
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to newborn screening for congenital heart defects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 33, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 33. PHENYLKETONURIA, OTHER HERITABLE DISEASES,
  HYPOTHYROIDISM, CONGENITAL HEART DEFECTS, AND CERTAIN OTHER
  DISORDERS
         SECTION 2.  Section 33.001, Health and Safety Code, is
  amended by amending Subdivision (1) and adding Subdivision (1-a) to
  read as follows:
               (1)  "Congenital heart defect" means an abnormality in
  the structure and function of the heart that exists at birth.
               (1-a)  "Heritable disease" means an inherited disease
  that may result in mental or physical retardation or death.
         SECTION 3.  Sections 33.002(a) and (c), Health and Safety
  Code, are amended to read as follows:
         (a)  The department shall carry out a program to combat
  morbidity, including mental retardation, and mortality in persons
  who have phenylketonuria, other heritable diseases, [or]
  hypothyroidism, or congenital heart defects.
         (c)  The department shall establish and maintain a
  laboratory to:
               (1)  conduct experiments, projects, and other
  activities necessary to develop screening or diagnostic tests for
  the early detection of phenylketonuria, other heritable diseases,
  [and] hypothyroidism, and congenital heart defects;
               (2)  develop ways and means or discover methods to be
  used to prevent or treat phenylketonuria, other heritable diseases,
  [and] hypothyroidism, and congenital heart defects; and
               (3)  serve other purposes considered necessary by the
  department to carry out the program.
         SECTION 4.  Sections 33.011(a) and (c), Health and Safety
  Code, are amended to read as follows:
         (a)  The physician attending a newborn child or the person
  attending the delivery of a newborn child that is not attended by a
  physician shall subject the child to:
               (1)  screening tests approved by the department for
  phenylketonuria, other heritable diseases, hypothyroidism, and
  other disorders for which screening is required by the department;
  and
               (2)  a pulse oximetry screening test for congenital
  heart defects.
         (c)  Except for the pulse oximetry screening test required by
  Subsection (a)(2), the [The] screening tests required by this
  section must be performed by the laboratory established by the
  department or by a laboratory approved by the department under
  Section 33.016.
         SECTION 5.  Section 33.014(a), Health and Safety Code, is
  amended to read as follows:
         (a)  If, because of an analysis of a specimen submitted under
  Section 33.011, the department reasonably suspects that a newborn
  child may have phenylketonuria, another heritable disease,
  hypothyroidism, or another disorder for which the screening tests
  are required, the department shall notify the person who submits
  the specimen that the results are abnormal and provide the test
  results to that person.  The department may notify one or more of
  the following that the results of the analysis or of a screening
  test reported to the department under Section 33.015 are abnormal
  and recommend further testing when necessary:
               (1)  the physician attending the newborn child or the
  physician's designee;
               (2)  the person attending the delivery of the newborn
  child that was not attended by a physician;
               (3)  the parents of the newborn child;
               (4)  the health authority of the jurisdiction in which
  the newborn child was born or in which the child resides, if known;
  or
               (5)  physicians who are cooperating pediatric
  specialists for the program.
         SECTION 6.  Section 33.031(a), Health and Safety Code, is
  amended to read as follows:
         (a)  All newborn children and other individuals under 21
  years of age who have been screened, have been found to be
  presumptively positive through the newborn screening program for
  phenylketonuria, other heritable diseases, hypothyroidism,
  congenital heart defects, or another disorder for which the
  screening tests are required, and may be financially eligible may
  be referred to the department's services program for children with
  special health care needs.
         SECTION 7.  Section 33.032(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Within the limits of funds available for this purpose
  and in cooperation with the individual's physician, the department
  may provide services directly or through approved providers to
  individuals of any age who meet the eligibility criteria specified
  by board rules on the confirmation of a positive test for
  phenylketonuria, other heritable diseases, hypothyroidism,
  congenital heart defects, or another disorder for which the
  screening tests are required.
         SECTION 8.  As soon as practicable after the effective date
  of this Act, the Department of State Health Services shall
  implement the changes in law made by this Act to the newborn
  screening program under Chapter 33, Health and Safety Code.
         SECTION 9.  This Act takes effect September 1, 2013.