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  S.B. No. 1404
 
 
 
 
AN ACT
  relating to consent to the disclosure of certain information and to
  other matters relating to newborn and infant screening tests.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 33, Health and Safety
  Code, is amended by adding Section 33.005 to read as follows:
         Sec. 33.005.  CONSENT. (a)  The department shall create a
  process to:
               (1)  permit the parent, managing conservator, or
  guardian of a newborn child to provide the consent required under
  this chapter through electronic means, including through audio or
  video recording;
               (2)  determine the manner of storing electronic consent
  records; and
               (3)  ensure the newborn child's attending physician has
  access to the electronic consent records for the child.
         (b)  A request for consent required by this chapter may be
  submitted to the parent, managing conservator, or guardian of a
  newborn child through written or electronic means, including
  through audio or visual recording.
         (c)  A birthing facility or person required to obtain consent
  under this chapter is not required to use the process created by the
  department under this section to obtain the consent.
         SECTION 2.  Section 33.0111, Health and Safety Code, is
  amended by adding Subsection (b-1) and amending Subsection (c) to
  read as follows:
         (b-1)  The department may provide the disclosure statement
  required by Subsection (a) in various formats and languages to
  ensure clear communication of information on the screening test
  required under this chapter.
         (c)  At the time a newborn child is subjected to screening
  tests under Section 33.011, the physician attending a newborn child
  or the person attending the delivery of a newborn child that is not
  attended by a physician shall provide the parent, managing
  conservator, or guardian of a newborn child a copy of the written or
  electronic disclosure statement developed by the department under
  this section.
         SECTION 3.  Section 47.007(g), Health and Safety Code, is
  amended to read as follows:
         (g)  The department shall ensure that the written or
  electronic consent of a parent is obtained before any information
  individually identifying the newborn or infant is released through
  the information management, reporting, and tracking system.
         SECTION 4.  Section 47.008(c), Health and Safety Code, is
  amended to read as follows:
         (c)  The executive commissioner by rule shall develop
  guidelines to protect the confidentiality of patients in accordance
  with Chapter 159, Occupations Code, and require the written or
  electronic consent of a parent or guardian of a patient before any
  individually identifying information is provided to the department
  as set out in this chapter.  The department shall permit a parent or
  guardian at any time to withdraw information provided to the
  department under this chapter.
         SECTION 5.  Chapter 47, Health and Safety Code, is amended by
  adding Section 47.0085 to read as follows:
         Sec. 47.0085.  CONSENT. (a)  The department shall create a
  process to:
               (1)  permit the parent of a newborn or infant to provide
  the consent required under this chapter through electronic means,
  including through audio or video recording;
               (2)  determine the manner of storing electronic consent
  records; and
               (3)  ensure the newborn's or infant's attending
  physician has access to the electronic consent records for the
  newborn or infant.
         (b)  A request for consent required by this chapter may be
  submitted to the parent or guardian of a newborn or infant through
  written or electronic means, including through audio or visual
  recording.
         (c)  A birthing facility or person required to obtain consent
  under this chapter is not required to use the process created by the
  department under this section to obtain the consent.
         SECTION 6.  The Department of State Health Services is
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose. If
  the legislature does not appropriate money specifically for that
  purpose, the department may, but is not required to, implement a
  provision of this Act using other appropriations available for that
  purpose.
         SECTION 7.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1404 passed the Senate on
  May 7, 2019, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1404 passed the House on
  May 22, 2019, by the following vote:  Yeas 144, Nays 1, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor