Bill Text: TX HB3374 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to information regarding Down syndrome.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB3374 Detail]
Download: Texas-2015-HB3374-Enrolled.html
H.B. No. 3374 |
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relating to information regarding Down syndrome. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 161, Health and Safety Code, is amended | ||
by adding Subchapter W to read as follows: | ||
SUBCHAPTER W. INFORMATION REGARDING DOWN SYNDROME | ||
Sec. 161.651. DEFINITIONS. In this subchapter: | ||
(1) "Down syndrome" means a chromosomal condition | ||
caused by the presence of an extra whole or partial copy of | ||
chromosome 21. | ||
(2) "Health care provider" has the meaning assigned by | ||
Section 34.001 and includes a genetic counselor. | ||
Sec. 161.652. INFORMATION REGARDING DOWN SYNDROME. (a) | ||
The department shall make available information regarding Down | ||
syndrome that includes: | ||
(1) information addressing physical, developmental, | ||
educational, and psychosocial outcomes, life expectancy, clinical | ||
course, and intellectual and functional development for | ||
individuals with Down syndrome; | ||
(2) information regarding available treatment options | ||
for individuals with Down syndrome; | ||
(3) contact information for national and local Down | ||
syndrome education and support programs, services, and | ||
organizations, including organizations in Houston, Dallas, San | ||
Antonio, and Austin, and information hotlines, resource centers, | ||
and clearinghouses; and | ||
(4) any other information required by the department. | ||
(b) The information described by Subsection (a) must be: | ||
(1) current, evidence-based information that: | ||
(A) has been reviewed by medical experts and | ||
local Down syndrome organizations; and | ||
(B) does not explicitly or implicitly present | ||
pregnancy termination as an option when a prenatal test indicates | ||
that the unborn child has Down syndrome; and | ||
(2) published in English and Spanish. | ||
(c) The department shall make the information described by | ||
Subsection (a) available on the department's Internet website in a | ||
format that may be easily printed. The department may provide the | ||
information described by Subsection (a) in writing to health care | ||
providers if the department determines that providing written | ||
information is cost-effective. | ||
Sec. 161.653. DUTY OF HEALTH CARE PROVIDER. (a) A health | ||
care provider who administers or causes to be administered a test | ||
for Down syndrome or who initially diagnoses a child with Down | ||
syndrome shall provide the information described by Section 161.652 | ||
to: | ||
(1) expectant parents who receive a prenatal test | ||
result indicating a probability or diagnosis that the unborn child | ||
has Down syndrome; or | ||
(2) a parent of a child who receives: | ||
(A) a test result indicating a probability or | ||
diagnosis that the child has Down syndrome; or | ||
(B) a diagnosis of Down syndrome. | ||
(b) In addition to providing the information described by | ||
Subsection (a), a health care provider may provide additional | ||
information about Down syndrome that is current and evidence-based | ||
and has been reviewed by medical experts and national Down syndrome | ||
organizations. | ||
(c) Notwithstanding any other law, this section does not | ||
impose a standard of care or create an obligation or duty that | ||
provides a basis for a cause of action against a health care | ||
provider. A health care provider may not be held civilly or | ||
criminally liable for failing to provide information as required by | ||
Subsection (a). | ||
SECTION 2. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3374 was passed by the House on May | ||
15, 2015, by the following vote: Yeas 130, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3374 was passed by the Senate on May | ||
26, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |