Bill Text: TX SB791 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to education about congenital cytomegalovirus in infants.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB791 Detail]
Download: Texas-2015-SB791-Introduced.html
Bill Title: Relating to education about congenital cytomegalovirus in infants.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB791 Detail]
Download: Texas-2015-SB791-Introduced.html
84R9013 JSC-D | ||
By: Kolkhorst | S.B. No. 791 |
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relating to testing for and education about congenital | ||
cytomegalovirus in infants. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Madeline Leigh | ||
Armstrong Act. | ||
SECTION 2. Subtitle B, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 46 to read as follows: | ||
CHAPTER 46. CONGENITAL CYTOMEGALOVIRUS | ||
Sec. 46.001. DEFINITIONS. In this chapter: | ||
(1) "Congenital cytomegalovirus" means | ||
cytomegalovirus acquired by an infant before birth. | ||
(2) "Department" means the Department of State Health | ||
Services. | ||
Sec. 46.002. EDUCATIONAL MATERIALS ON CONGENITAL | ||
CYTOMEGALOVIRUS. (a) The department, in consultation with the | ||
Texas Medical Board, shall develop and publish informational | ||
materials for women who may become pregnant, expectant parents, and | ||
parents of infants regarding: | ||
(1) the incidence of cytomegalovirus; | ||
(2) the transmission of cytomegalovirus to pregnant | ||
women and women who may become pregnant; | ||
(3) birth defects caused by congenital | ||
cytomegalovirus; | ||
(4) methods of diagnosing congenital cytomegalovirus; | ||
(5) available preventive measures to avoid the | ||
infection of women who are pregnant or may become pregnant; and | ||
(6) treatment options available for children born with | ||
congenital cytomegalovirus. | ||
(b) The materials must be published in: | ||
(1) English and Spanish; | ||
(2) an easily comprehensible form; and | ||
(3) a typeface large enough to be clearly legible. | ||
(c) The department shall periodically review the materials | ||
to determine if changes to the contents of the materials are | ||
necessary. | ||
Sec. 46.003. PUBLICATION OF MATERIALS. (a) The department | ||
shall publish the information required to be published under this | ||
chapter on the department's Internet website. | ||
(b) The department may not charge a fee for physical copies | ||
of the materials. The department shall provide appropriate | ||
quantities of the materials to any person on request. | ||
Sec. 46.004. EDUCATION AND OUTREACH. (a) The department | ||
shall establish an outreach program to: | ||
(1) educate women who may become pregnant, expectant | ||
parents, and parents of infants about cytomegalovirus; and | ||
(2) raise awareness of cytomegalovirus among health | ||
care providers who provide care to expectant mothers or infants. | ||
(b) The department may solicit and accept the assistance of | ||
any relevant medical associations or community resources, | ||
including faith-based resources, to promote education about | ||
cytomegalovirus under this chapter. | ||
Sec. 46.005. RULES. The executive commissioner of the | ||
Health and Human Services Commission may adopt rules for the | ||
implementation of this chapter. | ||
SECTION 3. Chapter 47, Health and Safety Code, is amended by | ||
adding Section 47.0032 to read as follows: | ||
Sec. 47.0032. TESTING FOR CYTOMEGALOVIRUS. (a) If an | ||
infant does not pass the newborn hearing screening under Section | ||
47.003, the birthing center shall perform or cause to be performed a | ||
test for cytomegalovirus on the infant, unless the parent declines | ||
the test. | ||
(b) If an infant tests positive for cytomegalovirus, the | ||
birthing center shall provide the infant's parents with: | ||
(1) the results of the test; | ||
(2) information on the potential effects of | ||
cytomegalovirus and the treatment options available; and | ||
(3) a referral to an appropriate physician or facility | ||
for treatment of cytomegalovirus. | ||
SECTION 4. Section 161.501(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A hospital, birthing center, physician, nurse midwife, | ||
or midwife who provides prenatal care to a pregnant woman during | ||
gestation or at delivery of an infant shall: | ||
(1) provide the woman and the father of the infant, if | ||
possible, or another adult caregiver for the infant, with a | ||
resource pamphlet that includes: | ||
(A) a list of the names, addresses, and phone | ||
numbers of professional organizations that provide postpartum | ||
counseling and assistance to parents relating to postpartum | ||
depression and other emotional trauma associated with pregnancy and | ||
parenting; | ||
(B) information regarding the prevention of | ||
shaken baby syndrome including: | ||
(i) techniques for coping with anger caused | ||
by a crying baby; | ||
(ii) different methods for preventing a | ||
person from shaking a newborn, infant, or other young child; | ||
(iii) the dangerous effects of shaking a | ||
newborn, infant, or other young child; and | ||
(iv) the symptoms of shaken baby syndrome | ||
and who to contact, as recommended by the American Academy of | ||
Pediatrics, if a parent suspects or knows that a baby has been | ||
shaken in order to receive prompt medical treatment; | ||
(C) a list of diseases for which a child is | ||
required by state law to be immunized and the appropriate schedule | ||
for the administration of those immunizations; | ||
(D) the appropriate schedule for follow-up | ||
procedures for newborn screening; | ||
(E) information regarding sudden infant death | ||
syndrome, including current recommendations for infant sleeping | ||
conditions to lower the risk of sudden infant death syndrome; and | ||
(F) educational information in both English and | ||
Spanish on: | ||
(i) pertussis disease and the availability | ||
of a vaccine to protect against pertussis, including information on | ||
the Centers for Disease Control recommendation that parents receive | ||
Tdap during the postpartum period to protect newborns from the | ||
transmission of pertussis; and | ||
(ii) the incidence of cytomegalovirus, | ||
methods of diagnosing congenital cytomegalovirus, birth defects | ||
caused by congenital cytomegalovirus, and available methods of | ||
treatment for an infant born with congenital cytomegalovirus; | ||
(2) if the woman is a recipient of medical assistance | ||
under Chapter 32, Human Resources Code, provide the woman and the | ||
father of the infant, if possible, or another adult caregiver with a | ||
resource guide that includes information in both English and | ||
Spanish relating to the development, health, and safety of a child | ||
from birth until age five, including information relating to: | ||
(A) selecting and interacting with a primary | ||
health care practitioner and establishing a "medical home" for the | ||
child; | ||
(B) dental care; | ||
(C) effective parenting; | ||
(D) child safety; | ||
(E) the importance of reading to a child; | ||
(F) expected developmental milestones; | ||
(G) health care resources available in the state; | ||
(H) selecting appropriate child care; and | ||
(I) other resources available in the state; | ||
(3) document in the woman's record that the woman | ||
received the resource pamphlet described in Subdivision (1) and the | ||
resource guide described in Subdivision (2), if applicable; and | ||
(4) retain the documentation for at least five years | ||
in the hospital's, birthing center's, physician's, nurse midwife's, | ||
or midwife's records. | ||
SECTION 5. (a) The Department of State Health Services | ||
shall develop and publish the materials required by Chapter 46, | ||
Health and Safety Code, as added by this Act, not later than January | ||
1, 2016. | ||
(b) The change in law made by Section 47.0032, Health and | ||
Safety Code, as added by this Act, applies only to a hearing | ||
screening performed on or after the effective date of this Act. | ||
(c) The Department of State Health Services shall revise the | ||
pamphlet under Section 161.501(a), Health and Safety Code, as | ||
amended by this Act, not later than January 1, 2016. | ||
SECTION 6. This Act takes effect September 1, 2015. |