H.B. No. 3374

	AN ACT
	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