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


Bill Title: Relating to certain diagnostic testing during pregnancy.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2015-05-20 - Sent to the Governor [SB1128 Detail]

Download: Texas-2015-SB1128-Enrolled.html
 
 
  S.B. No. 1128
 
 
 
 
AN ACT
  relating to certain diagnostic testing during pregnancy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.090, Health and Safety Code, is
  amended by amending Subsections (a-1), (c), (c-1), and (c-2) and
  adding Subsection (p) 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, but not earlier than the 28th week 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 HIV 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 responsible for the
  newborn child [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 responsible for the newborn child [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 HIV test so that the results are received less than six hours
  after the time the sample is submitted.
         (p)  Not later than January 1 of each odd-numbered year, the
  department shall report to the legislature the number of cases of
  early congenital syphilis and of late congenital syphilis that were
  diagnosed in this state in the preceding biennium.
         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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1128 passed the Senate on
  April 22, 2015, by the following vote: Yeas 29, Nays 1; and that
  the Senate concurred in House amendment on May 18, 2015, by the
  following vote: Yeas 29, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1128 passed the House, with
  amendment, on May 12, 2015, by the following vote: Yeas 143,
  Nays 4, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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