85R7541 LED-D     By: Burton S.B. No. 1080       A BILL TO BE ENTITLED   AN ACT   relating to required disclosures for prenatal genetic screening;   imposing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter W, Chapter 161, Health   and Safety Code, is amended to read as follows:   SUBCHAPTER W. INFORMATION REGARDING DOWN SYNDROME AND PRENATAL   GENETIC SCREENING          SECTION 2.  Subchapter W, Chapter 161, Health and Safety   Code, is amended by adding Sections 161.654 and 161.655 to read as   follows:          Sec. 161.654.  REQUIRED DISCLOSURES FOR PRENATAL GENETIC   SCREENING. (a) A laboratory that performs prenatal genetic   screening shall include with the written screening results:                (1)  detailed information regarding the accuracy and   reliability of the results, including the rate of false positive   results; and                (2)  prominently displayed in bold print above the   results the following, or a substantially similar, statement:   "PRENATAL GENETIC SCREENING RESULTS ARE NOT SUFFICIENTLY RELIABLE   TO FORM A FINAL DIAGNOSIS OF A POTENTIAL CHROMOSOMAL DISORDER; SEEK   FURTHER DIAGNOSTIC TESTING BEFORE MAKING ANY MAJOR HEALTH CARE   DECISION."          (b)  The executive commissioner shall adopt rules that   require a laboratory that performs prenatal genetic screening to   provide medically accurate information in the disclosures required   under this section.          Sec. 161.655.  CIVIL PENALTY. (a) A laboratory that   violates Section 161.654 is liable for a civil penalty of not more   than $1,000 for each act of violation.          (b)  In determining the amount of the penalty, the court   shall consider:                (1)  the laboratory's previous violations;                (2)  the seriousness of the violation, including the   nature, circumstances, extent, and gravity of the violation;                (3)  the demonstrated good faith of the laboratory;   and                (4)  the amount necessary to deter future violations.          (c)  The attorney general may sue to collect the penalty.     The attorney general may recover reasonable expenses in obtaining   the penalty, including investigation costs, court costs,   reasonable attorney's fees, witness fees, and deposition expenses.          (d)  A penalty collected under this section by the attorney   general shall be deposited to the credit of the general revenue   fund.          SECTION 3.  (a)  As soon as practicable after the effective   date of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt the rules necessary to implement   Section 161.654, Health and Safety Code, as added by this Act.          (b)  The changes in law made by this Act apply only to a   prenatal genetic screening conducted on or after January 1, 2018. A   prenatal genetic screening conducted before that date is governed   by the law in effect immediately before the effective date of this   Act, and that law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.