By Eiland H.B. No. 1719 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prohibiting certain persons and entities from banning 1-3 the use of recording devices during the delivery of a child. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle H, Title 2, Health and Safety Code, is 1-6 amended by adding Chapter 168 to read as follows: 1-7 CHAPTER 168. RECORDING THE DELIVERY OF A CHILD 1-8 Sec. 168.001. DEFINITIONS. In this chapter: 1-9 (1) "Health care provider" means a person licensed 1-10 under Title 3, Occupations Code, as a physician, midwife, physician 1-11 assistant, or registered or licensed vocational nurse. 1-12 (2) "Recording device" means any device capable of 1-13 audio or visual recording. 1-14 Sec. 168.002. BANNING RECORDING PROHIBITED. (a) A health 1-15 care provider, hospital, or birthing center may not prohibit a 1-16 person from using a recording device to record the delivery of a 1-17 child. 1-18 (b) The health care provider, hospital, or birthing center 1-19 may adopt rules, plans, and procedures governing the use of 1-20 recording devices during the delivery of a child, including rules, 1-21 plans, and procedures governing the exact placement of the 1-22 recording device within the room in which the delivery takes place. 1-23 (c) The health care provider, hospital, or birthing center 1-24 must provide the rules, plans, and procedures adopted under this 2-1 section in writing to the person who will be delivering the child 2-2 prior to the date of delivery. 2-3 Sec. 168.003. ENFORCEMENT. A violation of this chapter by a 2-4 health care provider, hospital, or birthing center is subject to 2-5 the same consequence as a violation of the licensing law applicable 2-6 to the health care provider, hospital, or birthing center or of a 2-7 rule adopted under that licensing law. 2-8 SECTION 2. This Act takes effect September 1, 2001.