By: Kolkhorst, Uresti	S.B. No. 791
	Zaffirini

	A BILL TO BE ENTITLED
	AN ACT
	relating to testing for and education about congenital
	cytomegalovirus in infants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act shall be known as the Madeline Leigh
	Armstrong Act.
	SECTION 2.  Subtitle B, Title 2, Health and Safety Code, is
	amended by adding Chapter 46 to read as follows:
	CHAPTER 46. CONGENITAL CYTOMEGALOVIRUS
	Sec. 46.001.  DEFINITIONS. In this chapter:
	(1)  "Congenital cytomegalovirus" means
	cytomegalovirus acquired by an infant before birth.
	(2)  "Department" means the Department of State Health
	Services.
	Sec. 46.002.  EDUCATIONAL MATERIALS ON CONGENITAL
	CYTOMEGALOVIRUS. (a)  The department, in consultation with the
	Texas Medical Board, shall develop and publish informational
	materials for women who may become pregnant, expectant parents, and
	parents of infants regarding:
	(1)  the incidence of cytomegalovirus;
	(2)  the transmission of cytomegalovirus to pregnant
	women and women who may become pregnant;
	(3)  birth defects caused by congenital
	cytomegalovirus;
	(4)  methods of diagnosing congenital cytomegalovirus;
	(5)  available preventive measures to avoid the
	infection of women who are pregnant or may become pregnant; and
	(6)  treatment options available for children born with
	congenital cytomegalovirus.
	(b)  The materials must be published in:
	(1)  English and Spanish;
	(2)  an easily comprehensible form; and
	(3)  a typeface large enough to be clearly legible.
	(c)  The department shall periodically review the materials
	to determine if changes to the contents of the materials are
	necessary.
	Sec. 46.003.  PUBLICATION OF MATERIALS. (a)  The department
	shall publish the information required to be published under this
	chapter on the department's Internet website.
	(b)  The department may not charge a fee for physical copies
	of the materials. The department shall provide appropriate
	quantities of the materials to any person on request.
	Sec. 46.004.  EDUCATION AND OUTREACH. (a)  The department
	shall establish an outreach program to:
	(1)  educate women who may become pregnant, expectant
	parents, and parents of infants about cytomegalovirus; and
	(2)  raise awareness of cytomegalovirus among health
	care providers who provide care to expectant mothers or infants.
	(b)  The department may solicit and accept the assistance of
	any relevant medical associations or community resources,
	including faith-based resources, to promote education about
	cytomegalovirus under this chapter.
	Sec. 46.005.  RULES. The executive commissioner of the
	Health and Human Services Commission may adopt rules for the
	implementation of this chapter.
	SECTION 3.  Chapter 47, Health and Safety Code, is amended by
	adding Section 47.0032 to read as follows:
	Sec. 47.0032.  TESTING FOR CYTOMEGALOVIRUS. (a)  If an
	infant does not pass the newborn hearing screening under Section
	47.003, the birthing facility shall perform or cause to be
	performed a test for cytomegalovirus on the infant, unless the
	parent declines the test.
	(b)  If an infant tests positive for cytomegalovirus, the
	birthing facility shall provide the infant's parents with:
	(1)  the results of the test;
	(2)  information on the potential effects of
	cytomegalovirus and the treatment options available; and
	(3)  information that directs parents to coordinate
	follow-up care with the infant's physician or health care provider.
	SECTION 4.  Section 161.501(a), Health and Safety Code, as
	amended by S.B. No. 219, Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	(a)  A hospital, birthing center, physician, nurse midwife,
	or midwife who provides prenatal care to a pregnant woman during
	gestation or at delivery of an infant shall:
	(1)  provide the woman and the father of the infant, if
	possible, or another adult caregiver for the infant, with a
	resource pamphlet that includes:
	(A)  a list of the names, addresses, and phone
	numbers of professional organizations that provide postpartum
	counseling and assistance to parents relating to postpartum
	depression and other emotional trauma associated with pregnancy and
	parenting;
	(B)  information regarding the prevention of
	shaken baby syndrome including:
	(i)  techniques for coping with anger caused
	by a crying baby;
	(ii)  different methods for preventing a
	person from shaking a newborn, infant, or other young child;
	(iii)  the dangerous effects of shaking a
	newborn, infant, or other young child; and
	(iv)  the symptoms of shaken baby syndrome
	and who to contact, as recommended by the American Academy of
	Pediatrics, if a parent suspects or knows that a baby has been
	shaken in order to receive prompt medical treatment;
	(C)  a list of diseases for which a child is
	required by state law to be immunized and the appropriate schedule
	for the administration of those immunizations;
	(D)  the appropriate schedule for follow-up
	procedures for newborn screening;
	(E)  information regarding sudden infant death
	syndrome, including current recommendations for infant sleeping
	conditions to lower the risk of sudden infant death syndrome; and
	(F)  educational information in both English and
	Spanish on:
	(i)  pertussis disease and the availability
	of a vaccine to protect against pertussis, including information on
	the Centers for Disease Control and Prevention recommendation that
	parents receive Tdap during the postpartum period to protect
	newborns from the transmission of pertussis; and
	(ii)  the incidence of cytomegalovirus,
	methods of diagnosing congenital cytomegalovirus, birth defects
	caused by congenital cytomegalovirus, and available methods of
	treatment for an infant born with congenital cytomegalovirus;
	(2)  if the woman is a recipient of medical assistance
	under Chapter 32, Human Resources Code, provide the woman and the
	father of the infant, if possible, or another adult caregiver with a
	resource guide that includes information in both English and
	Spanish relating to the development, health, and safety of a child
	from birth until age five, including information relating to:
	(A)  selecting and interacting with a primary
	health care practitioner and establishing a "medical home" for the
	child;
	(B)  dental care;
	(C)  effective parenting;
	(D)  child safety;
	(E)  the importance of reading to a child;
	(F)  expected developmental milestones;
	(G)  health care resources available in the state;
	(H)  selecting appropriate child care; and
	(I)  other resources available in the state;
	(3)  document in the woman's record that the woman
	received the resource pamphlet described in Subdivision (1) and the
	resource guide described in Subdivision (2), if applicable; and
	(4)  retain the documentation for at least five years
	in the hospital's, birthing center's, physician's, nurse midwife's,
	or midwife's records.
	SECTION 5.  (a)  The Department of State Health Services
	shall develop and publish the materials required by Chapter 46,
	Health and Safety Code, as added by this Act, not later than January
	1, 2016.
	(b)  The change in law made by Section 47.0032, Health and
	Safety Code, as added by this Act, applies only to a hearing
	screening performed on or after the effective date of this Act.
	(c)  The Department of State Health Services shall revise the
	pamphlet under Section 161.501(a), Health and Safety Code, as
	amended by this Act, not later than January 1, 2016.
	SECTION 6.  This Act takes effect September 1, 2015.