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.