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A BILL TO BE ENTITLED
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AN ACT
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relating to prioritization of a pregnant individual's health when |
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providing health care treatments; authorizing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 170A, Health and Safety Code, is amended |
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by adding Section 170A.008 to read as follows: |
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Sec. 170A.008. PRIORITIZATION OF PREGNANT INDIVIDUAL'S |
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HEALTH. (a) Notwithstanding any other law, a physician or health |
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care practitioner shall prioritize the health of a pregnant |
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individual over the health of the fetus the individual is carrying |
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when recommending a health care treatment for the individual, |
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regardless of whether the treatment poses a risk of injury or death |
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to the fetus. |
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(b) A pregnant individual retains the right to agree to or |
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refuse a health care treatment regardless of the physician's or |
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health care practitioner's recommendation under Subsection (a), |
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and the physician or practitioner may provide the treatment only |
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after obtaining the individual's informed consent. |
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(c) The appropriate licensing authority may impose an |
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administrative penalty against a physician or health care |
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practitioner who violates this section in the same manner and using |
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the same procedures as the authority uses to impose an |
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administrative penalty against a physician or practitioner who |
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violates the authority's licensing or other regulatory laws or |
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rules. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |