Bill Text: TX SB1128 | 2015-2016 | 84th Legislature | Comm Sub


Bill Title: Relating to certain diagnostic testing during pregnancy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2015-04-16 - Committee report printed and distributed [SB1128 Detail]

Download: Texas-2015-SB1128-Comm_Sub.html
 
 
  By: Zaffirini  S.B. No. 1128
         (In the Senate - Filed March 10, 2015; March 17, 2015, read
  first time and referred to Committee on Health and Human Services;
  April 16, 2015, reported favorably by the following vote:  Yeas 9,
  Nays 0; April 16, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to certain diagnostic testing during pregnancy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 81.090(a-1), (c), (c-1), and (c-2),
  Health and Safety Code, are amended to read as follows:
         (a-1)  A physician or other person permitted by law to attend
  a pregnant woman during gestation or at delivery of an infant shall:
               (1)  take or cause to be taken a sample of the woman's
  blood or other appropriate specimen at an examination in the third
  trimester of the pregnancy;
               (2)  submit the sample to an appropriately certified
  laboratory for a diagnostic test approved by the United States Food
  and Drug Administration for syphilis and HIV infection; and
               (3)  retain a report of each case for nine months and
  deliver the report to any successor in the case.
         (c)  A physician or other person in attendance at a delivery
  shall:
               (1)  take or cause to be taken a sample of blood or
  other appropriate specimen from the mother on admission for
  delivery; and
               (2)  submit the sample to an appropriately certified
  laboratory for diagnostic testing approved by the United States
  Food and Drug Administration for[:
                     [(A)  syphilis; and
                     [(B)]  hepatitis B infection.
         (c-1)  If the physician or other person in attendance at the
  delivery does not find in the woman's medical records results from
  the diagnostic test for syphilis and HIV infection performed under
  Subsection (a-1), the physician or person shall:
               (1)  take or cause to be taken a sample of blood or
  other appropriate specimen from the mother;
               (2)  submit the sample to an appropriately certified
  laboratory for diagnostic testing approved by the United States
  Food and Drug Administration for syphilis and HIV infection; and
               (3)  instruct the laboratory to expedite the processing
  of the test so that the results are received less than six hours
  after the time the sample is submitted.
         (c-2)  If the physician or other person in attendance at the
  delivery does not find in the woman's medical records results from a
  diagnostic test for syphilis and HIV infection performed under
  Subsection (a-1), and the diagnostic test for syphilis and HIV
  infection was not performed before delivery under Subsection (c-1),
  the physician or other person in attendance at delivery shall:
               (1)  take or cause to be taken a sample of blood or
  other appropriate specimen from the newborn child less than two
  hours after the time of birth;
               (2)  submit the sample to an appropriately certified
  laboratory for a diagnostic test approved by the United States Food
  and Drug Administration for syphilis and HIV infection; and
               (3)  instruct the laboratory to expedite the processing
  of the test so that the results are received less than six hours
  after the time the sample is submitted.
         SECTION 2.  Sections 81.090(a-1), (c), (c-1), and (c-2),
  Health and Safety Code, as amended by this Act, apply only to
  submission of a sample for diagnostic testing on or after the
  effective date of this Act.  The submission of a sample for
  diagnostic testing before the effective date of this Act is covered
  by the law in effect immediately before the effective date of this
  Act, and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2015.
 
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