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Senate Bill 143 |
Senate Author: West, Royce et al. |
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Effective: 9-1-07 |
House Sponsor: Veasey |
Senate Bill 143 amends the Health and Safety Code to authorize a local health authority or the Department of State Health Services to establish a fetal and infant mortality review team to compile statistics on fetal and infant mortality, analyze the causes of fetal and infant mortality, and recommend measures to decrease fetal and infant mortality to a community action team, state or local government officials, or other appropriate members of the community. The bill clarifies that these provisions do not apply to a voluntary or therapeutic termination of pregnancy. It requires that a review team be culturally diverse and represent multiple disciplines, and it lists persons who are eligible members of a review team. It authorizes a review team to request information regarding a deceased fetus or infant or the family of the deceased, and a health care provider or other custodian of the requested information is required to provide the information without the authorization of the deceased's parent or guardian and is immune from liability for providing true information. The bill provides that certain information acquired by a review team is confidential, and it establishes that a team's work products are not subject to an open records request and are immune from subpoena and discovery. In addition, a review team is considered to be a governmental unit for purposes of tort liability claims, and its meetings are closed to the public. The bill further provides that a member of a review team and any person employed by or advising a review team is immune from civil or criminal liability arising from information presented in a review team meeting or recommendations resulting from a meeting if certain conditions are met. However, the bill creates an offense for unauthorized disclosure or inspection of confidential information by a review team member. Senate Bill 143 also amends the Health and Safety Code to change the text of the sign required to be posted by sellers of cigarettes or tobacco products warning that sales to a minor are prohibited by law to include additional warnings for pregnant women. The bill authorizes the comptroller to accept gifts or grants to cover the cost of changing the signs and requires the comptroller to adopt necessary rules within 90 days after the bill takes effect.