Bill Text: TX HB3058 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the provision of certain medical treatment to a pregnant woman by a physician or health care provider.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-17 - Effective on 9/1/23 [HB3058 Detail]
Download: Texas-2023-HB3058-Enrolled.html
| H.B. No. 3058 | ||
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| relating to the provision of certain medical treatment to a | ||
| pregnant woman by a physician or health care provider. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 74, Civil Practice and Remedies Code, is | ||
| amended by adding Subchapter L to read as follows: | ||
| SUBCHAPTER L. ACTIONS ARISING FROM PREGNANCY COMPLICATIONS | ||
| Sec. 74.551. APPLICATION. An action to which Section | ||
| 74.552 applies is a health care liability claim for purposes of this | ||
| chapter and is subject to the same requirements as any other health | ||
| care liability claim. | ||
| Sec. 74.552. AFFIRMATIVE DEFENSE IN CERTAIN ACTIONS ARISING | ||
| FROM CERTAIN PREGNANCY COMPLICATIONS. (a) It is an affirmative | ||
| defense to liability in a civil action brought against a physician | ||
| or health care provider for a violation of Section 170A.002, Health | ||
| and Safety Code, including an action to recover a civil penalty | ||
| under Section 170A.005, Health and Safety Code, that the physician | ||
| or health care provider exercised reasonable medical judgment in | ||
| providing medical treatment to a pregnant woman in response to: | ||
| (1) an ectopic pregnancy at any location; or | ||
| (2) a previable premature rupture of membranes. | ||
| (b) A pharmacist or pharmacy that receives, processes, or | ||
| dispenses a prescription drug or medication order written by a | ||
| physician or health care provider to whom Subsection (a) applies is | ||
| entitled to the affirmative defense provided by Subsection (a). | ||
| (c) This section does not create a civil cause of action. | ||
| SECTION 2. Section 164.055, Occupations Code, is amended by | ||
| adding Subsection (c) to read as follows: | ||
| (c) Notwithstanding Subsection (a), the board may not take | ||
| disciplinary action against a physician who exercised reasonable | ||
| medical judgment in providing medical treatment to a pregnant woman | ||
| as described by Section 74.552, Civil Practice and Remedies Code. | ||
| SECTION 3. Subchapter C, Chapter 9, Penal Code, is amended | ||
| by adding Section 9.35 to read as follows: | ||
| Sec. 9.35. CERTAIN MEDICAL TREATMENT PROVIDED TO PREGNANT | ||
| WOMAN. A physician or health care provider is justified in | ||
| exercising reasonable medical judgment in providing medical | ||
| treatment to a pregnant woman as described by Section 74.552, Civil | ||
| Practice and Remedies Code. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3058 was passed by the House on May | ||
| 12, 2023, by the following vote: Yeas 109, Nays 31, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 3058 on May 26, 2023, by the following vote: Yeas 128, Nays 12, | ||
| 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3058 was passed by the Senate, with | ||
| amendments, on May 24, 2023, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
