SB1044 - Relating to newborn screening tests for Duchenne muscular dystrophy.

      S.B. No. 1044         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.  Upon completion of the laboratory described by   Section 33.002(c), Health and Safety Code, as amended by this Act,   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.  The Department of State Health Services is   required to implement a provision of this Act only if the   legislature appropriates money specifically for that purpose. If   the legislature does not appropriate money specifically for that   purpose, the department may, but is not required to, implement a   provision of this Act using other money available for that purpose.          SECTION 11.  This Act takes effect September 1, 2025.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1044 passed the Senate on   April 24, 2025, by the following vote:  Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1044 passed the House on   May 6, 2025, by the following vote:  Yeas 131, Nays 13, one   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor