HBA-DMH H.B. 1239 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1239
By: Wilson
Public Health
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a newborn screening blood test is required.  The newborn
screening program takes a tiny blood sample from a baby's heel shortly
after birth and tests for five disorders which, if not treated early, can
cause severe mental retardation, illness, or death.  Newborn screening
samples contain a wealth of information and could be retained for DNA
screening, forensic identification, or medical research. House Bill 1239
requires the retention of newborn screening blood specimens, and provides
that such specimens are to remain confidential unless needed by a law
enforcement agency. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority expressly delegated to the Texas Department of Health in SECTION
1 (Section 33.017, Health and Safety Code) of this bill. 

ANALYSIS

House Bill 1239 amends the Health and Safety Code to require the Texas
Department of Health (TDH) to retain, in a secure location, a newborn
screening test blood specimen (blood specimen).  The bill prohibits TDH
from destroying a blood specimen.  The bill authorizes a law enforcement
agency to access a blood specimen only if the law enforcement agency has
obtained a court order issued by a court only for law enforcement purposes.
The bill prohibits TDH from allowing a person access to a  blood specimen
for any other reason.  The bill provides that a blood specimen retained by
TDH is confidential and is not subject to disclosure according to open
records laws.  The bill provides that a person commits a misdemeanor if the
person knowingly discloses a blood specimen in violation of the provisions
of the bill, and sets forth punishments associated with the misdemeanor. 
The bill requires TDH to adopt rules to implement provisions relating to
the retention of and access to blood specimens. 

EFFECTIVE DATE

January 1, 2002.