Bill Text: TX HB3212 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to newborn screening tests.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB3212 Detail]

Download: Texas-2023-HB3212-Introduced.html

---

By: Toth H.B. No. 3212

A BILL TO BE ENTITLED
AN ACT
relating to the duties of a birthing facility conducting newborn
screening tests; creating an administrative and civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Mallori's Act.
SECTION 2. Subchapter B, Chapter 33, Health and Safety
Code, is amended by adding Section 33.0113 to read as follows:
Sec. 33.0113. REQUIRED DISCLOSURE BEFORE DISCHARGE OF
NEWBORN. (a) Before a birthing facility discharges a newborn
subjected to screening tests under Section 33.011 from the
facility, the facility shall inform the parent, managing
conservator, or guardian of the newborn of any risks associated
with discharging the newborn before the analysis of the screening
test specimen is complete.
(b) The department shall develop a standard informational
form for use under this section.
SECTION 3. Subchapter B, Chapter 33, Health and Safety
Code, is amended by adding Section 33.020 to read as follows:
Sec. 33.020. VIOLATION; ADMINISTRATIVE AND CIVIL PENALTY.
(a) A birthing facility shall complete the test required under
Section 33.011 and deliver the test results to the parent, managing
conservator, or guardian within 24 hours.
(b) The commission may impose an administrative penalty
against a birthing facility that violates Subsection (a) in an
amount determined by the commission in accordance with commission
rules.
(c) If a violation under Subsection (a) results in serious
bodily injury or death of the newborn, the violation is punishable
by a civil penalty of not less than $500,000.
(d) The attorney general or a district attorney may bring an
action to recover a civil penalty imposed under Subsection (c). The
attorney general or a district attorney may recover reasonable
attorney's fees and litigation costs incurred in bringing the
action.
SECTION 4. Section 33.0113, Health and Safety Code, as
added by this Act, applies only to an infant who is discharged from
a birthing facility on or after the effective date of this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.