Bill Text: TX HB3735 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to an electronic portal for disclosures and consent regarding certain newborn screening information.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-19 - Referred to Public Health [HB3735 Detail]

Download: Texas-2019-HB3735-Introduced.html
  86R11429 JG-F
 
  By: Klick H.B. No. 3735
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an electronic portal for disclosures and consent
  regarding certain newborn screening information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.0111(c), Health and Safety Code, is
  amended to read as follows:
         (c)  At the time a newborn child is subjected to screening
  tests under Section 33.011 or at a time before the screening as
  determined by[,] the physician attending a newborn child or the
  person attending the delivery of a newborn child that is not
  attended by a physician, the physician or person shall provide the
  parent, managing conservator, or guardian of a newborn child a copy
  of the written disclosure statement developed by the department
  under this section.
         SECTION 2.  Subchapter B, Chapter 33, Health and Safety
  Code, is amended by adding Section 33.0113 to read as follows:
         Sec. 33.0113.  ELECTRONIC PORTAL. (a) Each birthing
  facility or other entity at which screening tests required under
  this chapter are conducted may maintain an electronic portal
  through which a parent, managing conservator, or guardian of a
  newborn child may:
               (1)  access and confirm receipt of the disclosure
  statement described by Section 33.0111 before or at the time of the
  newborn screening;
               (2)  request an exemption to the screening tests under
  Section 33.012 before the newborn screening; and
               (3)  provide electronic consent, including through
  audio or video recording, to the disclosure of screening results
  under Section 33.018(c-1) before or at the time of the screening.
         (b)  An electronic portal described by Subsection (a) must
  allow a parent, managing conservator, or guardian of a newborn
  child to revoke or modify the request for an exemption or consent to
  the disclosure of information provided through the portal.
         SECTION 3.  Section 47.007(g), Health and Safety Code, is
  amended to read as follows:
         (g)  The department shall ensure that the written or
  electronic consent of a parent is obtained before any information
  individually identifying the newborn or infant is released through
  the information management, reporting, and tracking system.
         SECTION 4.  Section 47.008(c), Health and Safety Code, is
  amended to read as follows:
         (c)  The executive commissioner by rule shall develop
  guidelines to protect the confidentiality of patients in accordance
  with Chapter 159, Occupations Code, and require the written or
  electronic consent of a parent or guardian of a patient before any
  individually identifying information is provided to the department
  as set out in this chapter. The department shall permit a parent or
  guardian at any time to withdraw information provided to the
  department under this chapter.
         SECTION 5.  Chapter 47, Health and Safety Code, is amended by
  adding Section 47.0085 to read as follows:
         Sec. 47.0085.  ELECTRONIC PORTAL. (a) Each birthing
  facility or other entity at which screening tests required under
  this chapter are conducted may maintain an electronic portal
  through which a parent of a newborn child may:
               (1)  receive notice of the screening requirements;
               (2)  electronically decline the screening; and
               (3)  provide electronic consent, including through
  audio or video recording, to the disclosure of any information for
  which consent is required under Sections 47.007 and 47.008.
         (b)  An electronic portal described by Subsection (a) must
  allow a parent of a newborn child to revoke or modify any consent to
  the disclosure of information and other information provided
  through the portal.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement the
  changes in law made by this Act.
         SECTION 7.  This Act takes effect September 1, 2019.
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