Bill Text: TX HB4076 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to fetal alcohol syndrome information provided to pregnant patients.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-04-03 - Referred to Public Health [HB4076 Detail]
Download: Texas-2017-HB4076-Introduced.html
| 85R12635 KKR-D | ||
| By: Dukes | H.B. No. 4076 | |
|
|
||
|
|
||
| relating to fetal alcohol syndrome information provided to pregnant | ||
| patients. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 161, Health and Safety Code, is amended | ||
| by adding Subchapter X to read as follows: | ||
| SUBCHAPTER X. INFORMATION FOR PREGNANT PATIENTS | ||
| Sec. 161.701. DEFINITIONS. In this subchapter: | ||
| (1) "Health care provider" means: | ||
| (A) a physician licensed to practice medicine in | ||
| this state; | ||
| (B) a physician assistant licensed under Chapter | ||
| 204, Occupations Code; | ||
| (C) a midwife licensed under Chapter 203, | ||
| Occupations Code; | ||
| (D) an advanced practice nurse as defined by | ||
| Section 301.152, Occupations Code; | ||
| (E) a hospital licensed under Chapter 241; or | ||
| (F) a birthing center licensed under Chapter 244. | ||
| (2) "Medically accurate information" means | ||
| information that is: | ||
| (A) verified or supported by the weight of | ||
| research conducted in compliance with accepted scientific methods; | ||
| (B) published in peer-reviewed journals, if | ||
| appropriate; and | ||
| (C) recognized as accurate, objective, and | ||
| complete by mainstream professional organizations and agencies | ||
| with expertise in the relevant field, including: | ||
| (i) the Centers for Disease Control and | ||
| Prevention of the United States Public Health Service; | ||
| (ii) the American College of Obstetricians | ||
| and Gynecologists; | ||
| (iii) the American Academy of Pediatrics; | ||
| and | ||
| (iv) the surgeon general of the United | ||
| States Department of Health and Human Services. | ||
| Sec. 161.702. INFORMATIONAL MATERIAL PROVIDED TO PREGNANT | ||
| PATIENT. (a) A health care provider providing care to a pregnant | ||
| patient shall, during the patient's first visit with the provider | ||
| concerning the pregnancy, make available to the patient | ||
| informational material that includes medically accurate | ||
| information about the risks of drinking alcohol while pregnant, | ||
| including fetal alcohol syndrome. | ||
| (b) A health care provider may use the informational | ||
| material provided on the department's Internet website or | ||
| alternative informational material that provides the information | ||
| required by Subsection (a). | ||
| Sec. 161.703. DUTIES OF DEPARTMENT. (a) The department | ||
| shall: | ||
| (1) establish guidelines for the provision of the | ||
| information required by Section 161.702; | ||
| (2) make available on the department's Internet | ||
| website a printable version of the medically accurate informational | ||
| material required by Section 161.702(a); and | ||
| (3) make the informational material required by | ||
| Section 161.702 available for distribution to health care | ||
| providers, including at the request of a provider. | ||
| (b) The department may make available online and distribute | ||
| an existing medically accurate publication created by the | ||
| department or another health and human services agency as the | ||
| informational material required by Section 161.702. | ||
| Sec. 161.704. LIABILITY NOT CREATED. This subchapter does | ||
| not create an obligation or duty that provides a basis for a cause | ||
| of action against a health care provider. A health care provider is | ||
| immune from administrative, civil, or criminal liability with | ||
| respect to an action taken or not taken under this subchapter. | ||
| SECTION 2. Not later than October 1, 2017, the Department of | ||
| State Health Services shall make available the informational | ||
| material required by Subchapter X, Chapter 161, Health and Safety | ||
| Code, as added by this Act. | ||
| SECTION 3. Notwithstanding Subchapter X, Chapter 161, | ||
| Health and Safety Code, as added by this Act, a health care provider | ||
| is not required to comply with the requirements of Section 161.702, | ||
| Health and Safety Code, as added by this Act, before January 1, | ||
| 2018. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
