Bill Text: TX HB446 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to information about fetal alcohol syndrome to be provided to pregnant patients.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-06 - Left pending in committee [HB446 Detail]
Download: Texas-2013-HB446-Introduced.html
83R1315 KKR-D | ||
By: Dukes | H.B. No. 446 |
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relating to information about fetal alcohol syndrome to be 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 V to read as follows: | ||
SUBCHAPTER V. INFORMATION FOR PREGNANT PATIENTS | ||
Sec. 161.601. DEFINITIONS. In this subchapter: | ||
(1) "Department" means the Department of State Health | ||
Services. | ||
(2) "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. | ||
Sec. 161.602. INFORMATIONAL PAMPHLET PROVIDED TO PREGNANT | ||
PATIENT. (a) A health care provider that provides care to a | ||
pregnant patient shall, during the patient's first visit with the | ||
provider: | ||
(1) counsel the patient about the risks of drinking | ||
alcohol while pregnant, including fetal alcohol syndrome; | ||
(2) provide the patient with an informational pamphlet | ||
that includes information about the risks of drinking alcohol while | ||
pregnant, including fetal alcohol syndrome; | ||
(3) document in the patient's medical record that the | ||
provider complied with Subdivisions (1) and (2), and have the | ||
patient sign an acknowledgment that the patient was counseled and | ||
received the informational pamphlet; and | ||
(4) retain the documentation in the provider's records | ||
for at least five years. | ||
(b) A health care provider may use the informational | ||
pamphlet provided on the department's Internet website or an | ||
alternative pamphlet that provides the information required by | ||
Subsection (a). | ||
Sec. 161.603. DUTIES OF DEPARTMENT. (a) The department | ||
shall: | ||
(1) establish guidelines for the provision of the | ||
information required by Section 161.602; | ||
(2) make available on the department's Internet | ||
website a printable version of the informational pamphlet required | ||
by Section 161.602(a); and | ||
(3) make the informational pamphlet required by | ||
Section 161.602 available for distribution to health care | ||
providers. | ||
(b) The department may make available online and distribute | ||
an existing publication created by the department or another health | ||
and human services agency as the informational pamphlet required by | ||
Section 161.602. | ||
Sec. 161.604. LIABILITY NOT CREATED. This subchapter does | ||
not create civil or criminal liability. | ||
SECTION 2. Not later than October 1, 2013, the Department of | ||
State Health Services shall make available the informational | ||
pamphlet required by Subchapter V, Chapter 161, Health and Safety | ||
Code, as added by this Act. | ||
SECTION 3. Notwithstanding Subchapter V, 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 161.602, | ||
Health and Safety Code, as added by this Act, before January 1, | ||
2014. | ||
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, 2013. |