SRC-VRA S.B. 864 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 864
78R2436 YDB-FBy: Van de Putte
Health & Human Services
3/20/2003
As Filed


DIGEST AND PURPOSE 

Currently, physicians licensed to practice in Texas who develop a policy
supporting breast-feeding are not encouraged to designate "breast-feeding
friendly" in promotional materials.  As proposed, S.B. 864 authorizes a
physician licensed to practice in this state to use the designation
"breast-feeding friendly" in promotional materials if the physician
develops a policy supporting breast-feeding and submits that policy to the
Texas Department of Health (TDH).  The bill also requires TDH to maintain
a list of such physicians and to make the list available to the public.  

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 Chapter 165A, Health and Safety Code, by adding Section
165.0035, as follows: 

Sec.  165.0035.  PHYSICIAN DESIGNATION AS "BREAST-FEEDING FRIENDLY."  (a)
Authorizes a physician licensed to practice in this state to use the
designation "breast-feeding friendly" in promotional materials if the
physician develops a policy supporting breast-feeding. Requires the
physician to perform certain tasks. 

(b)  Requires the physician to submit the physician's breast-feeding
policy to the Texas Department of Health (TDH).  Requires TDH to maintain
a list of "breast-feeding friendly" physicians covered under this section
and to make the list available for public inspection at TDH and on the
Internet. 

(c)  Requires TDH to publicize the program to all obstetricians,
pediatricians, family practice physicians, and general practice physicians
who are licensed in this state. 

SECTION 2.  Requires TDH to develop and make available the list required
by Section 165.0035, Health and Safety Code, as added by this Act, not
later than September 1, 2004. 

SECTION 3.  Effective date:  September 1, 2003.