H.B. No. 3374
 
 
 
 
AN ACT
  relating to information regarding Down syndrome.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 161, Health and Safety Code, is amended
  by adding Subchapter W to read as follows:
  SUBCHAPTER W.  INFORMATION REGARDING DOWN SYNDROME
         Sec. 161.651.  DEFINITIONS. In this subchapter:
               (1)  "Down syndrome" means a chromosomal condition
  caused by the presence of an extra whole or partial copy of
  chromosome 21. 
               (2)  "Health care provider" has the meaning assigned by
  Section 34.001 and includes a genetic counselor.
         Sec. 161.652.  INFORMATION REGARDING DOWN SYNDROME. (a)  
  The department shall make available information regarding Down
  syndrome that includes:
               (1)  information addressing physical, developmental,
  educational, and psychosocial outcomes, life expectancy, clinical
  course, and intellectual and functional development for
  individuals with Down syndrome;
               (2)  information regarding available treatment options
  for individuals with Down syndrome;
               (3)  contact information for national and local Down
  syndrome education and support programs, services, and
  organizations, including organizations in Houston, Dallas, San
  Antonio, and Austin, and information hotlines, resource centers,
  and clearinghouses; and
               (4)  any other information required by the department.
         (b)  The information described by Subsection (a) must be:
               (1)  current, evidence-based information that:
                     (A)  has been reviewed by medical experts and
  local Down syndrome organizations; and
                     (B)  does not explicitly or implicitly present
  pregnancy termination as an option when a prenatal test indicates
  that the unborn child has Down syndrome; and
               (2)  published in English and Spanish.
         (c)  The department shall make the information described by
  Subsection (a) available on the department's Internet website in a
  format that may be easily printed. The department may provide the
  information described by Subsection (a) in writing to health care
  providers if the department determines that providing written
  information is cost-effective.
         Sec. 161.653.  DUTY OF HEALTH CARE PROVIDER.  (a)  A health
  care provider who administers or causes to be administered a test
  for Down syndrome or who initially diagnoses a child with Down
  syndrome shall provide the information described by Section 161.652
  to:
               (1)  expectant parents who receive a prenatal test
  result indicating a probability or diagnosis that the unborn child
  has Down syndrome; or
               (2)  a parent of a child who receives:
                     (A)  a test result indicating a probability or
  diagnosis that the child has Down syndrome; or
                     (B)  a diagnosis of Down syndrome.
         (b)  In addition to providing the information described by
  Subsection (a), a health care provider may provide additional
  information about Down syndrome that is current and evidence-based
  and has been reviewed by medical experts and national Down syndrome
  organizations. 
         (c)  Notwithstanding any other law, this section does not
  impose a standard of care or create an obligation or duty that
  provides a basis for a cause of action against a health care
  provider. A health care provider may not be held civilly or
  criminally liable for failing to provide information as required by
  Subsection (a).
         SECTION 2.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3374 was passed by the House on May
  15, 2015, by the following vote:  Yeas 130, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3374 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor