The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
(1) Abnormal screening result(s)--An out-of-range laboratory
(2) Bona fide resident--A person who:
(A) is physically present within the geographic boundaries
of the state;
(B) has an intent to remain within the state;
(C) maintains an abode within the state (i.e., house
or apartment, not merely a post office box);
(D) has not come to Texas from another country for
the purpose of obtaining medical care, with the intent to return to
the person's native country;
(E) does not claim residency in any other state or
(i) is a minor child residing in Texas whose parent,
managing conservator, or legal guardian is a bona fide resident;
(ii) is a person residing in Texas who is the legally
dependent spouse of a bona fide resident; or
(iii) is an adult residing in Texas, including an adult
whose parent, managing conservator, or legal guardian is a bona fide
resident or who is his/her own legal guardian.
(3) Charity care newborn--A patient who is not insured
or self-pay, and is not covered or eligible to be covered for newborn
screening services by Medicaid, Children's Health Insurance Program
(CHIP), or any other government program.
(4) CHIP-eligible newborn--A patient who is eligible
for CHIP coverage in accordance with Texas Health and Safety Code,
(5) Commissioner--The commissioner of the Department
of State Health Services.
(6) Critical Congenital Heart Disease--CCHD is an abnormality
in the structure or function of the heart that exists at birth, that
causes severe, life-threatening symptoms, and requires medical intervention
within the first few hours, days, or months of life. CCHD is detected
by point-of-care screening. Comprehensive rules for CCHD will be established
under a separate subchapter under this chapter.
(7) Department--The Department of State Health Services
or its successor.
(8) Health care practitioner--One of the following
individuals who is currently licensed and in good standing as indicated:
(A) an advanced practice registered nurse licensed
by the Texas Board of Nursing pursuant to Texas Occupations Code,
(B) a physician assistant licensed by the Texas Physician
Assistant Board pursuant to Texas Occupations Code, Chapter 204; or
(C) a midwife licensed by the Texas Midwifery Board
pursuant to Texas Occupations Code, Chapter 203.
(9) Medicaid-eligible newborn--A patient whose mother
is a Medicaid recipient or who is otherwise eligible for Medicaid
coverage for the newborn-related services in accordance with Texas
Human Resources Code, Chapter 32.
(10) Newborn--A child through 30 days of age.
(11) Newborn Screening--One or more laboratory test(s)
that identify an increased risk for phenylketonuria, other heritable
diseases, hypothyroidism, and certain other disorders.
(12) Physician--A person licensed to practice medicine
by the Texas Medical Board pursuant to Texas Occupations Code, Chapter
(13) Specimen--A laboratory sample used for testing.
The specimen used for newborn screening is capillary blood dried on
specialized filter paper.
(14) Specimen collection kit--A department-approved,
bar-coded, newborn screening specimen collection kit obtained from
the department and consists of a parental information sheet; Parental
Decision for Storage and Use of Newborn Screening Blood Spot Cards
form; customized specimen collection device; demographic information
sheet; and specimen collection directions applicable to the collection
and submission of a newborn's blood specimen for the first, second,
or repeat newborn screening test.