H.B. No. 3058
 
 
 
 
AN ACT
  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