Bill Text: TX SB1128 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to certain diagnostic testing during pregnancy.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-05-28 - Effective on 9/1/15 [SB1128 Detail]
Download: Texas-2015-SB1128-Enrolled.html
S.B. No. 1128 |
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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[ |
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(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 [ |
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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 [ |
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(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 |