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AN ACT
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relating to newborn screening and the creation of the Newborn |
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Screening Advisory Committee. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��This Act may be cited as "Greyson's Law"�in |
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memory of Greyson Morris. |
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�������SECTION�2.��Section 33.011(a-1), Health and Safety Code, is |
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amended to read as follows: |
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�������(a-1)��Except as provided by this subsection and to�[To] the |
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extent funding is available for the screening, the department shall |
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require newborn screening tests to screen for disorders listed in |
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the core [uniform] panel and in the secondary targets of the uniform |
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newborn screening panel [conditions] recommended in the 2005 report |
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by the American College of Medical Genetics entitled "Newborn |
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Screening: Toward a Uniform Screening Panel and System" or another |
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report determined by the department to provide more stringent [more
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appropriate] newborn screening guidelines to protect the health and |
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welfare of this state's newborns. The department, with the advice |
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of the Newborn Screening Advisory Committee, may require additional |
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newborn screening tests under this subsection to screen for other |
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disorders or conditions. �The department may exclude from the |
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newborn screening tests required under this subsection screenings |
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for galactose epimerase and galactokinase. |
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�������SECTION�3.��Subchapter B, Chapter 33, Health and Safety |
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Code, is amended by adding Section 33.017 to read as follows: |
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�������Sec.�33.017.��NEWBORN SCREENING ADVISORY COMMITTEE. �(a) � |
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The department shall establish the Newborn Screening Advisory |
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Committee. |
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�������(b)��The advisory committee consists of members appointed by |
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the commissioner of state health services. The advisory committee |
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must include the following members: |
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�������������(1)��health care providers; |
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�������������(2)��a hospital representative; |
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�������������(3)��persons who have family members affected by a |
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condition for which newborn screening is or may be required under |
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this subchapter; and |
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�������������(4)��persons who are involved in the delivery of |
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newborn screening services, follow-up, or treatment in this state. |
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�������(c)��The advisory committee shall advise the department |
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regarding strategic planning, policy, rules, and services related |
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to newborn screening and additional newborn screening tests. |
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�������(d)��The advisory committee shall adopt bylaws governing the |
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committee's operations. |
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�������(e)��The advisory committee may appoint subcommittees. |
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�������(f)��The advisory committee shall meet at least three times |
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each year and at other times at the call of the commissioner of |
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state health services. |
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�������(g)��A member of the advisory committee is not entitled to |
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compensation, but is entitled to reimbursement for travel or other |
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expenses incurred by the member while conducting the business of |
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the advisory committee, as provided by the General Appropriations |
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Act. |
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�������(h)��The advisory committee is not subject to Chapter 2110, |
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Government Code. |
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�������SECTION�4.��(a) �As soon as practicable after the effective |
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date of this Act, the commissioner of state health services shall |
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appoint members to the Newborn Screening Advisory Committee as |
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required under Section 33.017, Health and Safety Code, as added by |
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this Act. |
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�������(b)��Notwithstanding Section 33.011, Health and Safety Code, |
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as amended by this Act, a physician or person attending the delivery |
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of a newborn child is not required to subject the child to the |
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additional newborn screening tests required under Section |
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33.011(a-1), Health and Safety Code, as amended by this Act, until |
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January 1, 2010. |
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�������SECTION�5.��The heading to Section 81.090, Health and Safety |
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Code, is amended to read as follows: |
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�������Sec.�81.090.��DIAGNOSTIC�[SEROLOGIC] TESTING DURING |
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PREGNANCY AND AFTER BIRTH. |
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�������SECTION�6.��Section 81.090, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (c), (i), (j), (k), and |
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(l) and adding Subsections (a-1), (c-1), and (c-2) to read as |
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follows: |
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�������(a)��A physician or other person permitted by law to attend a |
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pregnant woman during gestation or at delivery of an infant shall: |
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�������������(1)��take or cause to be taken a sample of the woman's |
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blood or other appropriate specimen at the first examination and |
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visit; |
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�������������(2)��submit the sample to an appropriately certified� |
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[a] laboratory [approved under this section] for diagnostic testing |
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approved by the United States Food and Drug Administration for: |
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�������������������(A)��[a standard serologic test for] syphilis |
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[approved by the board]; |
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�������������������(B)��[a standard serologic test for] HIV infection |
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[approved by the board]; and |
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�������������������(C)��[a standard serologic test for] hepatitis B |
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infection [approved by the board]; and |
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�������������(3)��retain a report of each case for nine months and |
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deliver the report to any successor in the case. |
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�������(a-1)��A physician or other person permitted by law to attend |
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a pregnant woman during gestation or at delivery of an infant shall: |
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�������������(1)��take or cause to be taken a sample of the woman's |
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blood or other appropriate specimen at an examination in the third |
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trimester of the pregnancy; |
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�������������(2)��submit the sample to an appropriately certified |
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laboratory for a diagnostic test approved by the United States Food |
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and Drug Administration for HIV infection; and |
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�������������(3)��retain a report of each case for nine months and |
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deliver the report to any successor in the case. |
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�������(b)��A successor is presumed to have complied with this |
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section if the successor in good faith obtains a record that |
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indicates compliance with Subsections (a) and (a-1), if applicable. |
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�������(c)��A physician or other person in attendance at a delivery |
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shall: |
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�������������(1)��take or cause to be taken a sample of blood or |
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other appropriate specimen from the mother on admission for |
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delivery; and |
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�������������(2)��submit the sample to an appropriately certified� |
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[a] laboratory [approved under this section] for diagnostic testing |
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approved by the United States Food and Drug Administration for: |
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�������������������(A)��[a standard serologic test for] syphilis |
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[approved by the board]; and |
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�������������������(B)��[a standard serologic test for HIV infection
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approved by the board; and
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�������������������[(C)��a standard serologic test for] hepatitis B |
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infection [approved by the board]. |
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�������(c-1)��If the physician or other person in attendance at the |
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delivery does not find in the woman's medical records results from |
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the diagnostic test for HIV infection performed under Subsection |
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(a-1), the physician or person shall: |
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�������������(1)��take or cause to be taken a sample of blood or |
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other appropriate specimen from the mother; |
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�������������(2)��submit the sample to an appropriately certified |
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laboratory for diagnostic testing approved by the United States |
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Food and Drug Administration for HIV infection; and |
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�������������(3)��instruct the laboratory to expedite the processing |
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of the test so that the results are received less than six hours |
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after the time the sample is submitted. |
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�������(c-2)��If the physician or other person in attendance at the |
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delivery does not find in the woman's medical records results from a |
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diagnostic test for HIV infection performed under Subsection (a-1), |
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and the diagnostic test for HIV infection was not performed before |
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delivery under Subsection (c-1), the physician or other person in |
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attendance at delivery shall: |
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�������������(1)��take or cause to be taken a sample of blood or |
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other appropriate specimen from the newborn child less than two |
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hours after the time of birth; |
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�������������(2)��submit the sample to an appropriately certified |
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laboratory for a diagnostic test approved by the United States Food |
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and Drug Administration for HIV infection; and |
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�������������(3)��instruct the laboratory to expedite the processing |
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of the test so that the results are received less than six hours |
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after the time the sample is submitted. |
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�������(i)��Before conducting or causing to be conducted a |
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diagnostic�[standard serologic] test for HIV infection under this |
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section, the physician or other person shall advise the woman that |
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the result of a test taken under this section is confidential as |
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provided by Subchapter F, but that the test is not anonymous. The |
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physician or other person shall explain the difference between a |
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confidential and an anonymous test to the woman and that an |
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anonymous test may be available from another entity. The physician |
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or other person shall make the information available in another |
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language, if needed, and if resources permit. The information |
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shall be provided by the physician or another person, as needed, in |
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a manner and in terms understandable to a person who may be |
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illiterate if resources permit. |
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�������(j)��The result of a [standard] test for HIV infection under |
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Subsection (a)(2)(B), (a-1), (c-1), or (c-2) [(c)(2)(B)] is a test |
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result for purposes of Subchapter F. |
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�������(k)��Before the [blood] sample is taken, the health care |
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provider shall distribute to the patient printed materials about |
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AIDS, HIV, hepatitis B, and syphilis. A health care provider shall |
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verbally notify the patient that an HIV test shall be performed if |
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the patient does not object. If the patient objects, the patient |
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shall be referred to an anonymous testing facility or instructed |
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about anonymous testing methods. The health care provider shall |
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note on the medical records that the distribution of printed |
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materials was made and that verbal notification was given. The |
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materials shall be provided to the health care provider by the |
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department [Texas Department of Health] and shall be prepared and |
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designed to inform the patients about: |
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�������������(1)��the incidence and mode of transmission of AIDS, |
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HIV, hepatitis B, and syphilis; |
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�������������(2)��how being infected with HIV, AIDS, hepatitis B, or |
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syphilis could affect the health of their child; |
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�������������(3)��the available cure for syphilis; |
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�������������(4)��the available treatment to prevent |
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maternal-infant HIV transmission; and |
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�������������(5)��methods to prevent the transmission of the HIV |
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virus, hepatitis B, and syphilis. |
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�������(l)��A physician or other person may not conduct a diagnostic� |
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[standard] test for HIV infection under Subsection (a)(2)(B), |
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(a-1), or (c-1)�[(c)(2)(B)] if the woman objects. A physician or |
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other person may not conduct a diagnostic test for HIV infection |
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under Subsection (c-2) if a parent, managing conservator, or |
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guardian objects. |
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�������SECTION�7.��Sections 81.090(d), (e), (f), and (h), Health |
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and Safety Code, are repealed. |
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�������SECTION�8.��(a) �Sections 81.090(a), (c), (i), and (k), |
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Health and Safety Code, as amended by this Act, apply only to a test |
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performed on or after the effective date of this Act. A test |
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performed before the effective date of this Act is covered by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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�������(b)��Sections 81.090(a-1), (c-1), and (c-2), Health and |
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Safety Code, as added by this Act, and Sections 81.090(b), (j), and |
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(l), Health and Safety Code, as amended by this Act, apply only to a |
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physician or other person attending a pregnant woman during |
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gestation or at delivery of an infant on or after January 1, 2010. |
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�������SECTION�9.��This Act does not make an appropriation. �A |
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provision in this Act that creates a new governmental program, |
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creates a new entitlement, or imposes a new duty on a governmental |
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entity is not mandatory during a fiscal period for which the |
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legislature has not made a specific appropriation to implement the |
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provision. |
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�������SECTION�10.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 1795 was passed by the House on May |
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14, 2009, by the following vote:��Yeas 142, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1795 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1795 on May 31, 2009, by the following vote:��Yeas 134, |
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Nays 8, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 1795 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote:��Yeas 28, Nays |
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2; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1795 on May 31, 2009, by the following vote:��Yeas 28, Nays 2. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |