SB1044

SB1044 adds Duchenne muscular dystrophy to Texas’s newborn screening law, but implementation depends on laboratory capacity and funding. The act defines the condition as a progressive muscle-degeneration disorder caused by alterations of the protein dystrophin. It expressly adds the disease to the Department of State Health Services’ screening, laboratory-development and follow-up program. Physicians attending newborns, or people attending deliveries without a physician, are responsible for arranging department-approved screening under that program. Final law, sections 1–4.

The effective date is not a promise that testing was available that day. Signed May 19, 2025, the law took effect September 1, 2025. Section 9 ties implementation to completion of the specified laboratory. Section 10 requires the department to implement a provision only if the legislature specifically appropriates money for it; without that appropriation, the department may use other available money but is not required to do so. This explanation does not establish the laboratory’s current completion status or whether a later appropriation or rollout has satisfied those conditions. Official history; Final law, sections 9–11.

The act adds Duchenne muscular dystrophy to existing procedures, rather than making every screening result a diagnosis. If the department reasonably suspects the disease, it must tell the specimen submitter that the result is abnormal and provide the result. It may also notify the physician, delivery attendant, parents, local health authority or cooperating pediatric specialists and recommend further testing when necessary. Existing law defines screening as determining the need for further diagnostic evaluation and requires a physician-care recommendation for a high-risk result. Final law, section 5; Existing HS 33.001; Existing HS 33.014.

Presumptively positive newborns and other people under 21 who may qualify financially can be referred to the children-with-special-health-care-needs program. Separately, people of any age with a confirmed positive test may receive newborn-screening program services, subject to available funds, department eligibility rules and cooperation with their physician. This is not an unconditional guarantee of treatment or payment for everyone. The act also adds Duchenne screening specimen collection to laboratory support services for midwives’ clients. Final law, sections 6–8; Existing HS 33.031; Existing HS 33.032; Existing OC 203.355.

The existing religious-objection exemption remains: screening may not be administered when a parent, managing conservator or guardian objects because it conflicts with the religious tenets or practices of an organized church to which they adhere. The objection must be entered in the child’s medical record and signed. SB1044 does not create a general opt-out for any reason. Existing HS 33.012; Final law.