The text as introduced · 730 words
89R9499 EAS-F
By: Parker
S.B. No. 1044
A BILL TO BE ENTITLED
AN ACT
relating to newborn screening tests for Duchenne muscular
dystrophy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 33, Health and Safety
Code, is amended to read as follows:
CHAPTER 33. DUCHENNE MUSCULAR DYSTROPHY, PHENYLKETONURIA, OTHER
HERITABLE DISEASES, HYPOTHYROIDISM, AND CERTAIN OTHER DISORDERS
SECTION 2. Section 33.001, Health and Safety Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Duchenne muscular dystrophy" means a progressive
muscular degeneration disorder caused by alterations of the protein
dystrophin and characterized by progressive muscle degeneration
and weakness.
SECTION 3. Sections 33.002(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The department shall carry out a program to combat
morbidity, including intellectual disability, and mortality in
persons who have Duchenne muscular dystrophy, phenylketonuria,
other heritable diseases, or hypothyroidism.
(c) The department shall establish and maintain a
laboratory to:
(1) conduct experiments, projects, and other
activities necessary to develop screening or diagnostic tests for
the early detection of Duchenne muscular dystrophy,
phenylketonuria, other heritable diseases, and hypothyroidism;
(2) develop ways and means or discover methods to be
used to prevent or treat Duchenne muscular dystrophy,
phenylketonuria, other heritable diseases, and hypothyroidism; and
(3) serve other purposes considered necessary by the
department to carry out the program.
SECTION 4. Section 33.011(a), Health and Safety Code, is
amended to read as follows:
(a) The physician attending a newborn child or the person
attending the delivery of a newborn child that is not attended by a
physician shall cause the child to be subjected to screening tests
approved by the department for Duchenne muscular dystrophy,
phenylketonuria, other heritable diseases, hypothyroidism, and
other disorders for which screening is required by the department.
SECTION 5. Section 33.014(a), Health and Safety Code, is
amended to read as follows:
(a) If, because of an analysis of a specimen submitted under
Section 33.011, the department reasonably suspects that a newborn
child may have Duchenne muscular dystrophy, phenylketonuria,
another heritable disease, hypothyroidism, or another disorder for
which the screening tests are required, the department shall notify
the person who submits the specimen that the results are abnormal
and provide the test results to that person. The department may
notify one or more of the following that the results of the analysis
are abnormal and recommend further testing when necessary:
(1) the physician attending the newborn child or the
physician's designee;
(2) the person attending the delivery of the newborn
child that was not attended by a physician;
(3) the parents of the newborn child;
(4) the health authority of the jurisdiction in which
the newborn child was born or in which the child resides, if known;
or
(5) physicians who are cooperating pediatric
specialists for the program.
SECTION 6. Section 33.031(a), Health and Safety Code, is
amended to read as follows:
(a) All newborn children and other individuals under 21
years of age who have been screened, have been found to be
presumptively positive through the newborn screening program for
Duchenne muscular dystrophy, phenylketonuria, other heritable
diseases, hypothyroidism, or another disorder for which the
screening tests are required, and may be financially eligible may
be referred to the department's services program for children with
special health care needs.
SECTION 7. Section 33.032(a), Health and Safety Code, is
amended to read as follows:
(a) Within the limits of funds available for this purpose
and in cooperation with the individual's physician, the department
may provide services directly or through approved providers to
individuals of any age who meet the eligibility criteria specified
by department rules on the confirmation of a positive test for
Duchenne muscular dystrophy, phenylketonuria, other heritable
diseases, hypothyroidism, or another disorder for which the
screening tests are required.
SECTION 8. Section 203.355(c), Occupations Code, is amended
to read as follows:
(c) The laboratory services must include the performance of
the standard serological tests for syphilis and the collection of
blood specimens for newborn screening tests for Duchenne muscular
dystrophy, phenylketonuria, hypothyroidism, and other heritable
diseases as required by law.
SECTION 9. Not later than September 1, 2027, the Department
of State Health Services shall implement the changes in law made by
this Act to the newborn screening program under Chapter 33, Health
and Safety Code.
SECTION 10. This Act takes effect September 1, 2025.
Monitoring 
