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        |  | AN ACT | 
      
        |  | relating to 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.  DEFINITION.  In this chapter, "congenital | 
      
        |  | cytomegalovirus" means cytomegalovirus acquired by an infant | 
      
        |  | before birth. | 
      
        |  | 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)  available preventive measures to avoid the | 
      
        |  | infection of women who are pregnant or may become pregnant; and | 
      
        |  | (5)  resources available for families of 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 may adopt | 
      
        |  | rules for the implementation of this chapter. | 
      
        |  | SECTION 3.  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, | 
      
        |  | birth defects caused by congenital cytomegalovirus, and available | 
      
        |  | resources for the family of 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 4.  (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 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 5.  This Act takes effect September 1, 2015. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I hereby certify that S.B. No. 791 passed the Senate on | 
      
        |  | April 7, 2015, by the following vote:  Yeas 31, Nays 0; and that | 
      
        |  | the Senate concurred in House amendment on May 28, 2015, by the | 
      
        |  | following vote:  Yeas 31, Nays 0. | 
      
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        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
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        |  | I hereby certify that S.B. No. 791 passed the House, with | 
      
        |  | amendment, on May 22, 2015, by the following vote:  Yeas 138, | 
      
        |  | Nays 2, two present not voting. | 
      
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        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |