§ 161.501 — RESOURCE PAMPHLET AND RESOURCE GUIDE PROVIDED TO PARENTS OF NEWBORN CHILDREN.

Texas § 161.501

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 161.501. RESOURCE PAMPHLET AND RESOURCE GUIDE PROVIDED TO PARENTS OF NEWBORN CHILDREN. (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;
(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;
(G) the danger of heatstroke for a child left unattended in a motor vehicle; and
(H) information about Medicaid benefits for children, including eligibility requirements and the process for applying for those benefits;
(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) 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:
(i) selecting and interacting with a primary health care practitioner and establishing a "medical home" for the child;
(ii) dental care;
(iii) effective parenting;
(iv) child safety;
(v) the importance of reading to a child;
(vi) expected developmental milestones;
(vii) health care resources available in the state;
(viii) selecting appropriate child care;
(ix) other resources available in the state; and
(x) how to contact the commission to report the child's birth for the purpose of enrolling the newborn child in Medicaid; and
(B) a written notice developed by the commission informing the woman, father, or other caregiver that the newborn child is automatically eligible for Medicaid and that the woman's Medicaid identification number may be used on reimbursement claims for services provided to the woman's newborn child until the child is enrolled in Medicaid and assigned a separate Medicaid identification number;
(3) document in the woman's record that the woman received the resource pamphlet described in Subdivision (1) and the resource guide and notice 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.
(b) A hospital, birthing center, physician, nurse midwife, or midwife:
(1) may use the pamphlet provided on the department's website or an alternative pamphlet that provides the information required by Subsection (a)(1); and
(2) may use the resource guide provided on the department's website or an alternative guide that provides the information required by Subsection (a)(2).
(c) The department may make available online and distribute an existing publication created by another health and human services agency as the resource guide required by Subsection (a)(2).

Legislative History

Redesignated from Health and Safety Code, Subchapter R, Chapter 161 and amended by Acts 2005, 79th Leg., Ch. 696 (S.B. 316 ), Sec. 1, eff. September 1, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 106 (H.B. 1510 ), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 171 (H.B. 1240 ), Sec. 1, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 575 (H.B. 3336 ), Sec. 1, eff. June 17, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.0482, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1081 (H.B. 2574 ), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1163 (S.B. 791 ), Sec. 3, eff. September 1, 2015. Acts 2025, 89th Leg., R.S., Ch. 645 (H.B. 3940 ), Sec. 2, eff. September 1, 2025.