Bill Text: TX SB1080 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to required disclosures for prenatal genetic screening; imposing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-07 - Referred to Health & Human Services [SB1080 Detail]
Download: Texas-2017-SB1080-Introduced.html
85R7541 LED-D | ||
By: Burton | S.B. No. 1080 |
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relating to required disclosures for prenatal genetic screening; | ||
imposing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter W, Chapter 161, Health | ||
and Safety Code, is amended to read as follows: | ||
SUBCHAPTER W. INFORMATION REGARDING DOWN SYNDROME AND PRENATAL | ||
GENETIC SCREENING | ||
SECTION 2. Subchapter W, Chapter 161, Health and Safety | ||
Code, is amended by adding Sections 161.654 and 161.655 to read as | ||
follows: | ||
Sec. 161.654. REQUIRED DISCLOSURES FOR PRENATAL GENETIC | ||
SCREENING. (a) A laboratory that performs prenatal genetic | ||
screening shall include with the written screening results: | ||
(1) detailed information regarding the accuracy and | ||
reliability of the results, including the rate of false positive | ||
results; and | ||
(2) prominently displayed in bold print above the | ||
results the following, or a substantially similar, statement: | ||
"PRENATAL GENETIC SCREENING RESULTS ARE NOT SUFFICIENTLY RELIABLE | ||
TO FORM A FINAL DIAGNOSIS OF A POTENTIAL CHROMOSOMAL DISORDER; SEEK | ||
FURTHER DIAGNOSTIC TESTING BEFORE MAKING ANY MAJOR HEALTH CARE | ||
DECISION." | ||
(b) The executive commissioner shall adopt rules that | ||
require a laboratory that performs prenatal genetic screening to | ||
provide medically accurate information in the disclosures required | ||
under this section. | ||
Sec. 161.655. CIVIL PENALTY. (a) A laboratory that | ||
violates Section 161.654 is liable for a civil penalty of not more | ||
than $1,000 for each act of violation. | ||
(b) In determining the amount of the penalty, the court | ||
shall consider: | ||
(1) the laboratory's previous violations; | ||
(2) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of the violation; | ||
(3) the demonstrated good faith of the laboratory; | ||
and | ||
(4) the amount necessary to deter future violations. | ||
(c) The attorney general may sue to collect the penalty. | ||
The attorney general may recover reasonable expenses in obtaining | ||
the penalty, including investigation costs, court costs, | ||
reasonable attorney's fees, witness fees, and deposition expenses. | ||
(d) A penalty collected under this section by the attorney | ||
general shall be deposited to the credit of the general revenue | ||
fund. | ||
SECTION 3. (a) As soon as practicable after the effective | ||
date of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt the rules necessary to implement | ||
Section 161.654, Health and Safety Code, as added by this Act. | ||
(b) The changes in law made by this Act apply only to a | ||
prenatal genetic screening conducted on or after January 1, 2018. A | ||
prenatal genetic screening conducted before that date is governed | ||
by the law in effect immediately before the effective date of this | ||
Act, and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. |