78R10410 YDB-D
By: Uresti H.B. No. 341
A BILL TO BE ENTITLED
AN ACT
relating to parenting and postpartum counseling information to be
provided to a pregnant woman.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter R to read as follows:
SUBCHAPTER R. PARENTING AND POSTPARTUM COUNSELING INFORMATION
Sec. 161.451. RESOURCE LIST. (a) A hospital, birthing
center, physician, or midwife who provides prenatal care to a
pregnant woman during gestation or at delivery of an infant shall:
(1) provide the woman with a resource list of the
names, addresses, and phone numbers of professional organizations
that provide postpartum counseling and assistance to parents; and
(2) retain for at least three years in the hospital's,
birthing center's, physician's, or midwife's records a statement
signed by the woman acknowledging receipt of the list.
(b) The list must include resources a parent may contact to
receive counseling and assistance for postpartum depression and
other emotional traumas associated with pregnancy and parenting.
(c) A hospital, birthing center, physician, or midwife who
provides prenatal care to a woman during gestation or at delivery is
presumed to have complied with this section if the woman received
prior prenatal care from another hospital, birthing center,
physician, or midwife in this state during the same pregnancy.
Sec. 161.452. DUTIES OF DEPARTMENT. The department shall:
(1) establish guidelines for the provision of the
information required by Section 161.451;
(2) make available on the department's website a
printable list of professional organizations that provide
postpartum counseling and assistance to parents; and
(3) update the list required under Subdivision (2)
monthly.
SECTION 2. Section 241.053(a), Health and Safety Code, is
amended to read as follows:
(a) The department, after providing notice and an
opportunity for a hearing to the applicant or license holder, may
deny, suspend, or revoke a hospital's license if the department
finds that the hospital:
(1) failed to comply with:
(A) a provision of this chapter;
(B) a rule adopted under this chapter;
(C) a special license condition;
(D) an order or emergency order by the
commissioner of health; [or]
(E) another enforcement procedure permitted
under this chapter; or
(F) Section 161.451;
(2) has a history of noncompliance with the rules
adopted under this chapter relating to patient health, safety, and
rights which reflects more than nominal noncompliance; or
(3) has aided, abetted, or permitted the commission of
an illegal act.
SECTION 3. Section 244.011(a), Health and Safety Code, is
amended to read as follows:
(a) The department may deny, suspend, or revoke a license
for:
(1) a violation of this chapter or a rule adopted under
this chapter; [or]
(2) a history of continuing noncompliance with this
chapter or the rules adopted under this chapter; or
(3) failure to comply with Section 161.451.
SECTION 4. Section 164.052(a), Occupations Code, is amended
to read as follows:
(a) A physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) presents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3) commits fraud or deception in taking or passing an
examination;
(4) uses alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(5) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6) uses an advertising statement that is false,
misleading, or deceptive;
(7) advertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a medical degree, license,
certificate, or diploma, or a transcript of a license, certificate,
or diploma in or incident to an application to the board for a
license to practice medicine;
(9) alters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10) uses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
has been:
(A) fraudulently purchased or issued;
(B) counterfeited; or
(C) materially altered;
(11) impersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12) engages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13) impersonates a physician or permits another to
use the person's license or certificate to practice medicine in
this state;
(14) directly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15) associates in the practice of medicine with a
person:
(A) whose license to practice medicine has been
suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16) performs or procures a criminal abortion, aids or
abets in the procuring of a criminal abortion, attempts to perform
or procure a criminal abortion, or attempts to aid or abet the
performance or procurement of a criminal abortion; [or]
(17) directly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
that is not licensed to practice medicine by the board; or
(18) fails to provide the resource list or maintain
the statement required by Section 161.451, Health and Safety Code.
SECTION 5. Section 203.404(a), Occupations Code, is amended
to read as follows:
(a) The midwifery board may discipline a documented midwife
and may refuse to issue a letter of documentation to an applicant
who:
(1) violates this chapter or a rule adopted under this
chapter;
(2) submits false or misleading information to the
midwifery board, the board, or the department;
(3) is convicted of a misdemeanor involving moral
turpitude or a felony;
(4) uses alcohol or drugs intemperately;
(5) engages in unprofessional or dishonorable conduct
that may reasonably be determined to deceive or defraud the public;
(6) is unable to practice midwifery with reasonable
skill and safety because of illness, disability, or psychological
impairment;
(7) is determined by a court judgment to be mentally
impaired;
(8) submits a birth or death certificate known by the
person to be false or fraudulent or engages in another act that
violates Title 3, Health and Safety Code, or a rule adopted under
that title;
(9) violates Chapter 244, Health and Safety Code, or a
rule adopted under that chapter; [or]
(10) fails to practice midwifery in a manner
consistent with the public health and safety; or
(11) fails to provide the resource list or maintain
the statement required by Section 161.451, Health and Safety Code.
SECTION 6. (a) Except as provided by Subsection (c) of this
section, this Act takes effect September 1, 2003.
(b) The Texas Department of Health shall establish the
guidelines and compile the resource list required by Subchapter R,
Chapter 161, Health and Safety Code, as added by this Act, not later
than January 1, 2004.
(c) Sections 241.053(a)(1)(F) and 244.011(a)(3), Health and
Safety Code, and Sections 164.052(a)(18) and 203.404(a)(11),
Occupations Code, as added by this Act, take effect January 1, 2005.