§ 33.011 — TEST REQUIREMENT.

Texas § 33.011

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

Text

Sec. 33.011. TEST REQUIREMENT. (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.
(a-1) Except as provided by this subsection and to the extent funding is available for the screening, the department shall require newborn screening tests to screen for disorders listed as core and secondary conditions in the Recommended Uniform Screening Panel of the Secretary's Advisory Committee on Heritable Disorders in Newborns and Children or another report determined by the department to provide more stringent newborn screening guidelines to protect the health and welfare of this state's newborns. The department, with the advice of the Newborn Screening Advisory Committee, may require additional newborn screening tests under this subsection to screen for other disorders or conditions. The department may exclude from the newborn screening tests required under this subsection screenings for galactose epimerase and galactokinase.
(b) The department may prescribe the screening test procedures to be used and the standards of accuracy and precision required for each test.
(c) Except as provided by Subsection (d), the screening tests required by this section must be performed by the laboratory established by the department or by a laboratory approved by the department under Section 33.016 .
(d) The department, with the advice of the Newborn Screening Advisory Committee, shall authorize a screening test for critical congenital heart disease to be performed at a birthing facility that provides care to newborn patients and that complies with the test procedures and the standards of accuracy and precision required by the department for each screening test.
(e) If the department under Subsection (d) authorizes the performance at a birthing facility of a screening test for critical congenital heart disease, a birthing facility must perform the screening test on each newborn who is a patient of the facility before the newborn is discharged from the facility unless:
(1) the parent declines the screening;
(2) the newborn is transferred to another facility before the screening test is performed;
(3) the screening test has previously been completed; or
(4) the newborn is discharged from the birthing facility not more than 10 hours after birth and a referral for the newborn was made to another birthing facility, physician, or health care provider.
(f) Before requiring any additional screening test for critical congenital heart disease, the department must review the necessity of the additional screening test, including an assessment of the test implementation costs to the department, birthing facilities, and other health care providers.

Legislative History

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991. Amended by: Acts 2005, 79th Leg., Ch. 940 (H.B. 790 ), Sec. 3, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 1124 (H.B. 1795 ), Sec. 2, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 268 (H.B. 740 ), Sec. 3, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.0101, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 50 (S.B. 1044 ), Sec. 4, eff. September 1, 2025.