85R6773 KKR-D     By: Burton S.B. No. 1081       A BILL TO BE ENTITLED   AN ACT   relating to the administration of prophylaxis to prevent ophthalmia   neonatorum.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 81.091, Health and Safety   Code, is amended to read as follows:          Sec. 81.091.  OPHTHALMIA NEONATORUM PREVENTION[; CRIMINAL   PENALTY].          SECTION 2.  Section 81.091, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  Except as provided by Subsection (a-1), a [A] physician,   nurse, midwife, or other person in attendance at childbirth shall   use or cause to be used prophylaxis approved by the executive   commissioner to prevent ophthalmia neonatorum.          (a-1)  Administration of prophylaxis is not required for an   infant whose parent, managing conservator, or guardian does not   consent to the administration of prophylaxis after a person   described in Subsection (a):                (1)  performs the screening assessment under Section   81.0911; and                 (2)  based on the results of the assessment, determines   the prophylaxis is not required.          SECTION 3.  Subchapter E, Chapter 81, Health and Safety   Code, is amended by adding Section 81.0911 to read as follows:          Sec. 81.0911.  OPHTHALMIA NEONATORUM: PROPHYLAXIS   SCREENING.  (a) The executive commissioner by rule shall adopt a   screening assessment to determine whether the administration of   prophylaxis to prevent ophthalmia neonatorum is required under   Section 81.091.          (b)  The screening assessment must include an examination   of:                (1)  whether the infant was delivered vaginally;                (2)  whether the mother of the infant:                      (A)  recently tested positive for a sexually   transmitted infection known to cause ophthalmia neonatorum; or                      (B)  has a history of a sexually transmitted   infection or other disease known to cause ophthalmia neonatorum;   and                (3)  other criteria determined necessary by the   executive commissioner.          SECTION 4.  Section 81.091(g), Health and Safety Code, is   repealed.          SECTION 5.  Not later than January 1, 2018, the executive   commissioner of the Health and Human Services Commission shall   adopt the screening assessment required by Section 81.0911, Health   and Safety Code, as added by this Act.          SECTION 6.  The repeal by this Act of Section 81.091(g),   Health and Safety Code, does not apply to an offense committed   before the effective date of the repeal. An offense committed   before the effective date of the repeal is governed by the law as it   existed on the date the offense was committed, and the former law is   continued in effect for that purpose. For purposes of this section,   an offense was committed before the effective date of the repeal if   any element of the offense occurred before that date.          SECTION 7.  This Act takes effect September 1, 2017.