By: Kolkhorst  S.B. No. 791
         (In the Senate - Filed February 25, 2015; March 2, 2015,
  read first time and referred to Committee on Health and Human
  Services; March 30, 2015, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  March 30, 2015, sent to printer.)
Click here to see the committee vote
  COMMITTEE SUBSTITUTE FOR S.B. No. 791 By:  Zaffirini
  relating to testing for and education about congenital
  cytomegalovirus in infants.
         SECTION 1.  This Act shall be known as the Madeline Leigh
  Armstrong Act.
         SECTION 2.  Subtitle B, Title 2, Health and Safety Code, is
  amended by adding Chapter 46 to read as follows:
         Sec. 46.001.  DEFINITIONS. In this chapter:
               (1)  "Congenital cytomegalovirus" means
  cytomegalovirus acquired by an infant before birth.
               (2)  "Department" means the Department of State Health
  CYTOMEGALOVIRUS. (a)  The department, in consultation with the
  Texas Medical Board, shall develop and publish informational
  materials for women who may become pregnant, expectant parents, and
  parents of infants regarding:
               (1)  the incidence of cytomegalovirus;
               (2)  the transmission of cytomegalovirus to pregnant
  women and women who may become pregnant;
               (3)  birth defects caused by congenital
               (4)  methods of diagnosing congenital cytomegalovirus;
               (5)  available preventive measures to avoid the
  infection of women who are pregnant or may become pregnant; and
               (6)  treatment options available for children born with
  congenital cytomegalovirus.
         (b)  The materials must be published in:
               (1)  English and Spanish;
               (2)  an easily comprehensible form; and
               (3)  a typeface large enough to be clearly legible.
         (c)  The department shall periodically review the materials
  to determine if changes to the contents of the materials are
         Sec. 46.003.  PUBLICATION OF MATERIALS. (a)  The department
  shall publish the information required to be published under this
  chapter on the department's Internet website.
         (b)  The department may not charge a fee for physical copies
  of the materials. The department shall provide appropriate
  quantities of the materials to any person on request.
         Sec. 46.004.  EDUCATION AND OUTREACH. (a)  The department
  shall establish an outreach program to:
               (1)  educate women who may become pregnant, expectant
  parents, and parents of infants about cytomegalovirus; and 
               (2)  raise awareness of cytomegalovirus among health
  care providers who provide care to expectant mothers or infants.
         (b)  The department may solicit and accept the assistance of
  any relevant medical associations or community resources,
  including faith-based resources, to promote education about
  cytomegalovirus under this chapter.
         Sec. 46.005.  RULES. The executive commissioner of the
  Health and Human Services Commission may adopt rules for the
  implementation of this chapter.
         SECTION 3.  Chapter 47, Health and Safety Code, is amended by
  adding Section 47.0032 to read as follows:
         Sec. 47.0032.  TESTING FOR CYTOMEGALOVIRUS. (a)  If an
  infant does not pass the newborn hearing screening under Section
  47.003, the birthing facility shall perform or cause to be
  performed a test for cytomegalovirus on the infant, unless the
  parent declines the test.
         (b)  If an infant tests positive for cytomegalovirus, the
  birthing facility shall provide the infant's parents with:
               (1)  the results of the test;
               (2)  information on the potential effects of
  cytomegalovirus and the treatment options available; and
               (3)  information that directs parents to coordinate
  follow-up care with the infant's physician or health care provider.
         SECTION 4.  Section 161.501(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A hospital, birthing center, physician, nurse midwife,
  or midwife who provides prenatal care to a pregnant woman during
  gestation or at delivery of an infant shall:
               (1)  provide the woman and the father of the infant, if
  possible, or another adult caregiver for the infant, with a
  resource pamphlet that includes:
                     (A)  a list of the names, addresses, and phone
  numbers of professional organizations that provide postpartum
  counseling and assistance to parents relating to postpartum
  depression and other emotional trauma associated with pregnancy and
                     (B)  information regarding the prevention of
  shaken baby syndrome including:
                           (i)  techniques for coping with anger caused
  by a crying baby;
                           (ii)  different methods for preventing a
  person from shaking a newborn, infant, or other young child;
                           (iii)  the dangerous effects of shaking a
  newborn, infant, or other young child; and
                           (iv)  the symptoms of shaken baby syndrome
  and who to contact, as recommended by the American Academy of
  Pediatrics, if a parent suspects or knows that a baby has been
  shaken in order to receive prompt medical treatment;
                     (C)  a list of diseases for which a child is
  required by state law to be immunized and the appropriate schedule
  for the administration of those immunizations;
                     (D)  the appropriate schedule for follow-up
  procedures for newborn screening;
                     (E)  information regarding sudden infant death
  syndrome, including current recommendations for infant sleeping
  conditions to lower the risk of sudden infant death syndrome; and
                     (F)  educational information in both English and
  Spanish on:
                           (i)  pertussis disease and the availability
  of a vaccine to protect against pertussis, including information on
  the Centers for Disease Control recommendation that parents receive
  Tdap during the postpartum period to protect newborns from the
  transmission of pertussis; and
                           (ii)  the incidence of cytomegalovirus,
  methods of diagnosing congenital cytomegalovirus, birth defects
  caused by congenital cytomegalovirus, and available methods of
  treatment for an infant born with congenital cytomegalovirus;
               (2)  if the woman is a recipient of medical assistance
  under Chapter 32, Human Resources Code, provide the woman and the
  father of the infant, if possible, or another adult caregiver with a
  resource guide that includes information in both English and
  Spanish relating to the development, health, and safety of a child
  from birth until age five, including information relating to:
                     (A)  selecting and interacting with a primary
  health care practitioner and establishing a "medical home" for the
                     (B)  dental care;
                     (C)  effective parenting;
                     (D)  child safety;
                     (E)  the importance of reading to a child;
                     (F)  expected developmental milestones;
                     (G)  health care resources available in the state;
                     (H)  selecting appropriate child care; and
                     (I)  other resources available in the state;
               (3)  document in the woman's record that the woman
  received the resource pamphlet described in Subdivision (1) and the
  resource guide described in Subdivision (2), if applicable; and
               (4)  retain the documentation for at least five years
  in the hospital's, birthing center's, physician's, nurse midwife's,
  or midwife's records.
         SECTION 5.  (a)  The Department of State Health Services
  shall develop and publish the materials required by Chapter 46,
  Health and Safety Code, as added by this Act, not later than January
  1, 2016.
         (b)  The change in law made by Section 47.0032, Health and
  Safety Code, as added by this Act, applies only to a hearing
  screening performed on or after the effective date of this Act.
         (c)  The Department of State Health Services shall revise the
  pamphlet under Section 161.501(a), Health and Safety Code, as
  amended by this Act, not later than January 1, 2016.
         SECTION 6.  This Act takes effect September 1, 2015.
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