Bill Text: TX HB3017 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the requirements for conducting a pelvic examination; authorizing disciplinary action.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB3017 Detail]
Download: Texas-2019-HB3017-Introduced.html
Bill Title: Relating to the requirements for conducting a pelvic examination; authorizing disciplinary action.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB3017 Detail]
Download: Texas-2019-HB3017-Introduced.html
86R13820 EAS-D | ||
By: Ramos | H.B. No. 3017 |
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relating to nonconsensual pelvic examinations; authorizing | ||
disciplinary action. | ||
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. NONCONSENSUAL PELVIC EXAMINATIONS | ||
Sec. 167A.001. NONCONSENSUAL PELVIC EXAMINATIONS | ||
PROHIBITED. A health care practitioner, including a physician, | ||
physician assistant, or advanced practice registered nurse, who is | ||
licensed to practice in this state may not perform, or instruct any | ||
other person to perform, a nonconsensual pelvic examination on a | ||
patient unless the practitioner has a legitimate medical reason for | ||
conducting the examination. | ||
Sec. 167A.002. DISCIPLINARY ACTION. A health care | ||
practitioner who violates Section 167A.001 is subject to | ||
disciplinary action by the state regulatory agency that issued a | ||
license to the practitioner, including the imposition of an | ||
administrative penalty. | ||
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; [ |
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(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; or | ||
(22) performs a nonconsensual pelvic examination in | ||
violation of Section 167A.001, Health and Safety Code. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a nonconsensual pelvic examination performed on or after the | ||
effective date of this Act. A nonconsensual pelvic examination | ||
performed before the effective date of this Act is governed by the | ||
law in effect when the nonconsensual pelvic examination occurred, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. |