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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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