SRC-CTC H.B. 1719 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1719
By: Eiland (Van de Putte)
Health & Human Services
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Some hospitals and health care providers ban the use of recording devices
in the delivery room during the birth of a child.  A growing number of
hospitals and doctors, fearing that videotapes can provide evidence against
them in malpractice suits, have banned cameras from delivery rooms.  H.B.
1719 prohibits a health care provider, hospital, or birthing center from
prohibiting a person from using a recording device to record the delivery
of a child.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2H, Health and Safety Code, by adding Chapter 168,
as follows: 

CHAPTER 168.  RECORDING THE DELIVERY OF A CHILD

 Sec. 168.001.  DEFINITIONS.  Defines "health care provider" and "recording
device." 

Sec. 168.002.  BANNING RECORDING PROHIBITED.  Prohibits a health care
provider (provider), hospital, or birthing center from prohibiting a person
from using a recording device to record the delivery of a child.
Authorizes the provider, hospital, or birthing center to adopt rules,
plans, and procedures governing the use of recording devices during the
delivery of a child, including rules, plans, and procedures governing the
exact placement of the recording device within the room in which the
delivery takes place.  Requires the provider, hospital, or birthing center
to provide the rules, plans, and procedures adopted under this section in
writing to the person who will be delivering the child prior to the date of
the delivery. 

Sec. 168.003.  ENFORCEMENT.  Provides that a violation of this chapter by a
provider, hospital, or birthing center is subject to the same consequence
as a violation of the licensing law applicable to the health care provider,
hospital, or birthing center or of a rule adopted under that licensing law. 

SECTION 2.  Effective date: September 1, 2001.