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