Bill Text: TX HB1434 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to limitations on pelvic examinations; authorizing disciplinary action, including an administrative penalty.
Spectrum: Slight Partisan Bill (Democrat 12-5)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB1434 Detail]
Download: Texas-2021-HB1434-Enrolled.html
H.B. No. 1434 |
|
||
relating to limitations on pelvic examinations; authorizing | ||
disciplinary action, including an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 167A to read as follows: | ||
CHAPTER 167A. PELVIC EXAMINATIONS | ||
Sec. 167A.001. DEFINITIONS. In this chapter: | ||
(1) "Health care practitioner" means a physician, | ||
physician assistant, or advanced practice registered nurse | ||
licensed to practice in this state. | ||
(2) "Patient's legally authorized representative" | ||
means: | ||
(A) a parent, managing conservator, or guardian | ||
of a patient, if the patient is a minor; | ||
(B) a guardian of the patient, if the patient has | ||
been adjudicated incompetent to manage the patient's personal | ||
affairs; or | ||
(C) an agent of the patient authorized under a | ||
durable power of attorney for health care. | ||
(3) "Pelvic examination" means a physical examination | ||
by a health care practitioner of a patient's external and internal | ||
reproductive organs, genitalia, or rectum. | ||
Sec. 167A.002. LIMITATIONS ON CERTAIN PELVIC EXAMINATIONS. | ||
(a) A health care practitioner may not perform or delegate to | ||
another individual, including a student training to become a health | ||
care practitioner, the performance of a pelvic examination on an | ||
anesthetized or unconscious patient unless: | ||
(1) the pelvic examination is within the standard | ||
scope of a procedure or diagnostic examination scheduled to be | ||
performed on the patient; | ||
(2) the patient or the patient's legally authorized | ||
representative gives informed consent for the pelvic examination as | ||
provided by Subsection (b); | ||
(3) the pelvic examination is necessary for diagnosis | ||
or treatment of the patient's medical condition; or | ||
(4) the pelvic examination is for the purpose of | ||
collecting evidence. | ||
(b) To obtain informed consent to perform a pelvic | ||
examination on an unconscious or anesthetized patient, a health | ||
care practitioner must: | ||
(1) provide the patient or the patient's legally | ||
authorized representative with a written or electronic informed | ||
consent form that: | ||
(A) may be included as a distinct or separate | ||
section of a general informed consent form; | ||
(B) contains the following heading at the top of | ||
the form in at least 18-point boldface type: "CONSENT FOR | ||
EXAMINATION OF PELVIC REGION"; | ||
(C) specifies the nature and purpose of the | ||
pelvic examination; | ||
(D) informs the patient or the patient's legally | ||
authorized representative that a medical student or resident may be | ||
present if the patient or the patient's legally authorized | ||
representative authorizes the student or resident to: | ||
(i) perform the pelvic examination; or | ||
(ii) observe or otherwise be present at the | ||
pelvic examination, either in person or through electronic means; | ||
(E) allows the patient or the patient's legally | ||
authorized representative the opportunity to consent to or refuse | ||
to consent to the pelvic examination; and | ||
(F) allows a patient or a patient's legally | ||
authorized representative that consents to a pelvic examination | ||
under Paragraph (E) the opportunity to authorize or refuse to | ||
authorize: | ||
(i) a medical student or resident to | ||
perform the pelvic examination; or | ||
(ii) a medical student or resident to | ||
observe or otherwise be present at the pelvic examination, either | ||
in person or through electronic means; | ||
(2) obtain the signature of the patient or the | ||
patient's legally authorized representative on the informed | ||
consent form; and | ||
(3) sign the informed consent form. | ||
Sec. 167A.003. DISCIPLINARY ACTION. The appropriate | ||
licensing authority may take disciplinary action against a health | ||
care practitioner who violates Section 167A.002, including | ||
imposing an administrative penalty, as if the practitioner violated | ||
an applicable licensing law. | ||
SECTION 2. Section 164.052(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) A physician or an applicant for a license to practice | ||
medicine commits a prohibited practice if that person: | ||
(1) submits to the board a false or misleading | ||
statement, document, or certificate in an application for a | ||
license; | ||
(2) presents to the board a license, certificate, or | ||
diploma that was illegally or fraudulently obtained; | ||
(3) commits fraud or deception in taking or passing an | ||
examination; | ||
(4) uses alcohol or drugs in an intemperate manner | ||
that, in the board's opinion, could endanger a patient's life; | ||
(5) commits unprofessional or dishonorable conduct | ||
that is likely to deceive or defraud the public, as provided by | ||
Section 164.053, or injure the public; | ||
(6) uses an advertising statement that is false, | ||
misleading, or deceptive; | ||
(7) advertises professional superiority or the | ||
performance of professional service in a superior manner if that | ||
advertising is not readily subject to verification; | ||
(8) purchases, sells, barters, or uses, or offers to | ||
purchase, sell, barter, or use, a medical degree, license, | ||
certificate, or diploma, or a transcript of a license, certificate, | ||
or diploma in or incident to an application to the board for a | ||
license to practice medicine; | ||
(9) alters, with fraudulent intent, a medical license, | ||
certificate, or diploma, or a transcript of a medical license, | ||
certificate, or diploma; | ||
(10) uses a medical license, certificate, or diploma, | ||
or a transcript of a medical license, certificate, or diploma that | ||
has been: | ||
(A) fraudulently purchased or issued; | ||
(B) counterfeited; or | ||
(C) materially altered; | ||
(11) impersonates or acts as proxy for another person | ||
in an examination required by this subtitle for a medical license; | ||
(12) engages in conduct that subverts or attempts to | ||
subvert an examination process required by this subtitle for a | ||
medical license; | ||
(13) impersonates a physician or permits another to | ||
use the person's license or certificate to practice medicine in | ||
this state; | ||
(14) directly or indirectly employs a person whose | ||
license to practice medicine has been suspended, canceled, or | ||
revoked; | ||
(15) associates in the practice of medicine with a | ||
person: | ||
(A) whose license to practice medicine has been | ||
suspended, canceled, or revoked; or | ||
(B) who has been convicted of the unlawful | ||
practice of medicine in this state or elsewhere; | ||
(16) performs or procures a criminal abortion, aids or | ||
abets in the procuring of a criminal abortion, attempts to perform | ||
or procure a criminal abortion, or attempts to aid or abet the | ||
performance or procurement of a criminal abortion; | ||
(17) directly or indirectly aids or abets the practice | ||
of medicine by a person, partnership, association, or corporation | ||
that is not licensed to practice medicine by the board; | ||
(18) performs an abortion on a woman who is pregnant | ||
with a viable unborn child during the third trimester of the | ||
pregnancy unless: | ||
(A) the abortion is necessary to prevent the | ||
death of the woman; | ||
(B) the viable unborn child has a severe, | ||
irreversible brain impairment; or | ||
(C) the woman is diagnosed with a significant | ||
likelihood of suffering imminent severe, irreversible brain damage | ||
or imminent severe, irreversible paralysis; | ||
(19) performs an abortion on an unemancipated minor | ||
without the written consent of the child's parent, managing | ||
conservator, or legal guardian or without a court order, as | ||
provided by Section 33.003 or 33.004, Family Code, unless the | ||
abortion is necessary due to a medical emergency, as defined by | ||
Section 171.002, Health and Safety Code; | ||
(20) otherwise performs an abortion on an | ||
unemancipated minor in violation of Chapter 33, Family Code; | ||
(21) performs or induces or attempts to perform or | ||
induce an abortion in violation of Subchapter C, F, or G, Chapter | ||
171, Health and Safety Code; [ |
||
(22) in complying with the procedures outlined in | ||
Sections 166.045 and 166.046, Health and Safety Code, wilfully | ||
fails to make a reasonable effort to transfer a patient to a | ||
physician who is willing to comply with a directive; or | ||
(23) performs or delegates to another individual the | ||
performance of a pelvic examination on an anesthetized or | ||
unconscious patient in violation of Section 167A.002, Health and | ||
Safety Code. | ||
SECTION 3. Section 301.452(b), Occupations Code, is amended | ||
to read as follows: | ||
(b) A person is subject to denial of a license or to | ||
disciplinary action under this subchapter for: | ||
(1) a violation of this chapter, a rule or regulation | ||
not inconsistent with this chapter, or an order issued under this | ||
chapter; | ||
(2) fraud or deceit in procuring or attempting to | ||
procure a license to practice professional nursing or vocational | ||
nursing; | ||
(3) a conviction for, or placement on deferred | ||
adjudication community supervision or deferred disposition for, a | ||
felony or for a misdemeanor involving moral turpitude; | ||
(4) conduct that results in the revocation of | ||
probation imposed because of conviction for a felony or for a | ||
misdemeanor involving moral turpitude; | ||
(5) use of a nursing license, diploma, or permit, or | ||
the transcript of such a document, that has been fraudulently | ||
purchased, issued, counterfeited, or materially altered; | ||
(6) impersonating or acting as a proxy for another | ||
person in the licensing examination required under Section 301.253 | ||
or 301.255; | ||
(7) directly or indirectly aiding or abetting an | ||
unlicensed person in connection with the unauthorized practice of | ||
nursing; | ||
(8) revocation, suspension, or denial of, or any other | ||
action relating to, the person's license or privilege to practice | ||
nursing in another jurisdiction or under federal law; | ||
(9) intemperate use of alcohol or drugs that the board | ||
determines endangers or could endanger a patient; | ||
(10) unprofessional conduct in the practice of nursing | ||
that is likely to deceive, defraud, or injure a patient or the | ||
public; | ||
(11) adjudication of mental incompetency; | ||
(12) lack of fitness to practice because of a mental or | ||
physical health condition that could result in injury to a patient | ||
or the public; [ |
||
(13) performing or delegating to another individual | ||
the performance of a pelvic examination on an anesthetized or | ||
unconscious patient in violation of Section 167A.002, Health and | ||
Safety Code; or | ||
(14) failure to care adequately for a patient or to | ||
conform to the minimum standards of acceptable nursing practice in | ||
a manner that, in the board's opinion, exposes a patient or other | ||
person unnecessarily to risk of harm. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
a pelvic examination performed on or after the effective date of | ||
this Act. A pelvic examination performed before the effective date | ||
of this Act is governed by the law in effect when the pelvic | ||
examination occurred, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 5. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1434 was passed by the House on April | ||
28, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1434 was passed by the Senate on May | ||
19, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |