This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
79R5437 MSE-D
By: Farrar H.B. No. 1658
A BILL TO BE ENTITLED
AN ACT
relating to programs and services for sexual health and the
prevention of abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0235 to read as follows:
Sec. 31.0235. TEXTBOOKS FOR HUMAN SEXUALITY INSTRUCTION.
(a) A textbook for use in human sexuality instruction may not be
included as a conforming textbook under Section 31.023 unless the
State Board of Education determines that the textbook includes
specific, age-appropriate information concerning:
(1) all methods of contraception;
(2) teen dating violence;
(3) sexual assault;
(4) the importance of prenatal care services during
pregnancy; and
(5) the importance of annual well-woman exams.
(b) The information required by this section must be
included in a textbook used by students without regard to whether it
is included in an edition of the textbook prepared for the teacher's
use.
(c) Notwithstanding any other provision of this chapter, a
school district may not use a textbook for human sexuality
instruction unless the textbook conforms to the requirements of
this section.
SECTION 2. Section 28.004, Education Code, is amended by
adding Subsection (l) to read as follows:
(l) A school district that provides human sexuality
instruction must use a textbook that conforms to the requirements
of Section 31.0235.
SECTION 3. Subtitle G, Title 4, Health and Safety Code, is
amended by adding Chapter 322 to read as follows:
CHAPTER 322. EMERGENCY SERVICES FOR SURVIVORS
OF SEXUAL ASSAULT
Sec. 322.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health
Services.
(2) "Health care facility" means:
(A) a general or special hospital as defined by
Section 241.003;
(B) an ambulatory surgical center as defined by
Section 243.002; and
(C) a facility designated as a trauma facility
under Chapter 773.
(3) "Sexual assault" means any act as described by
Section 22.011 or 22.021, Penal Code.
(4) "Sexual assault survivor" means an individual who
is a victim of a sexual assault, regardless of whether a report is
made or a conviction is obtained in the incident.
Sec. 322.002. MINIMUM STANDARDS FOR EMERGENCY SERVICES.
(a) A health care facility conducting a forensic medical
examination shall provide the sexual assault survivor with, if
indicated by the history of contact, access to:
(1) appropriate prophylaxis for exposure to sexually
transmitted infections; and
(2) emergency contraception prescription drugs.
(b) A health care facility must obtain documented consent
before providing treatment.
Sec. 322.003. INFORMATION FORM. (a) The department shall
develop a standard information form for sexual assault survivors
that must include:
(1) information regarding treatment of sexually
transmitted infections and pregnancy, including:
(A) generally accepted medical procedures;
(B) appropriate medications; and
(C) any contraindications of the medications
prescribed for treating sexually transmitted infections and
preventing pregnancy; and
(2) information regarding crime victims compensation,
including reimbursement information for the medical portion of the
examination.
(b) A health care facility shall use the standard form
developed under this section.
SECTION 4. Section 483.042, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) It is an exception to the application of Subsection (a)
that a dangerous drug was a contraceptive and was delivered by a
pharmacist in accordance with Section 562.056, Occupations Code.
SECTION 5. Section 32.024(l), Human Resources Code, is
amended to read as follows:
(l) The department shall set the income eligibility cap for
medical assistance for pregnant women at not less than 250 percent
of the federal poverty guidelines, and the department shall set the
income eligibility cap for medical assistance for infants up to age
one at not less than 130 percent of the federal poverty guidelines.
SECTION 6. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0248 to read as follows:
Sec. 32.0248. ELIGIBILITY OF CERTAIN ALIENS. The
department shall provide medical assistance in accordance with 8
U.S.C. Section 1612(b) to a person who:
(1) is pregnant;
(2) is a qualified alien, as defined by 8 U.S.C.
Sections 1641(b) and (c);
(3) meets the eligibility requirements of the medical
assistance program;
(4) entered the United States on or after August 22,
1996; and
(5) has resided in the United States for a period of
five years after the date the person entered as a qualified alien.
SECTION 7. Section 1369.102, Insurance Code, as effective
April 1, 2005, is amended to read as follows:
Sec. 1369.102. APPLICABILITY OF SUBCHAPTER. (a)
Notwithstanding any other law and except as specifically provided
by this subchapter, this [This] subchapter applies only to a health
benefit plan, including a small employer health benefit plan
written under Chapter 1501 or coverage provided by a health group
cooperative under Subchapter B of that chapter or Article 26.14A,
that provides benefits for medical or surgical expenses incurred as
a result of a health condition, accident, or sickness, including an
individual, group, blanket, or franchise insurance policy or
insurance agreement, a group hospital service contract, or an
individual or group evidence of coverage or similar coverage
document that is offered by:
(1) an insurance company;
(2) a group hospital service corporation operating
under Chapter 842;
(3) a fraternal benefit society operating under
Chapter 885;
(4) a stipulated premium company operating under
Chapter 884;
(5) a reciprocal exchange operating under Chapter 942;
(6) a Lloyd's plan operating under Chapter 941;
(7) a health maintenance organization operating under
Chapter 843;
(8) [(7)] a multiple employer welfare arrangement
that holds a certificate of authority under Chapter 846; or
(9) [(8)] an approved nonprofit health corporation
that holds a certificate of authority under Chapter 844.
(b) Notwithstanding Section 172.014, Local Government Code,
or any other law, this subchapter applies to health and accident
coverage provided by a risk pool created under Chapter 172, Local
Government Code.
(c) Notwithstanding any provision of Chapter 1551, 1575,
1579, or 1601 or any other law, this subchapter applies to:
(1) a basic coverage plan under Chapter 1551;
(2) a basic plan under Chapter 1575;
(3) a primary care coverage plan under Chapter 1579;
and
(4) basic coverage under Chapter 1601.
(d) Notwithstanding any other law, a standard health
benefit plan provided under Chapter 1507 or Article 3.80 or 20A.09N
of this code must provide the coverage required by this subchapter.
SECTION 8. Section 157.101(a), Occupations Code, is amended
to read as follows:
(a) In this subchapter [section], "pharmacist" has the
meaning assigned by Section 551.003.
SECTION 9. Subchapter C, Chapter 157, Occupations Code, is
amended by adding Section 157.102 to read as follows:
Sec. 157.102. EMERGENCY CONTRACEPTION DRUG THERAPY. A
pharmacist may initiate emergency contraception drug therapy in
accordance with Sections 157.101 and 562.056.
SECTION 10. Chapter 162, Occupations Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. REQUIRED COMMUNICATION
Sec. 162.251. DISCLOSURE OF HEALTH CARE ENTITY AFFILIATION.
A physician must notify a patient if the physician's affiliations
with a health care entity prevent the physician from providing
information to the patient regarding family planning, abortion, or
emergency contraception.
SECTION 11. Subchapter B, Chapter 562, Occupations Code, is
amended by adding Section 562.056 to read as follows:
Sec. 562.056. EMERGENCY CONTRACEPTION DRUG THERAPY. (a)
In this section:
(1) "Initiate" means to provide emergency
contraception on patient request in accordance with a standing drug
therapy protocol.
(2) "Patient" means an individual to whom
contraception drug therapy is dispensed and distributed as provided
by this section.
(3) "Physician" has the meaning assigned by Section
151.002.
(b) The board shall adopt rules necessary to administer this
section, including rules:
(1) establishing training requirements for emergency
contraception drug therapy initiation and distribution; and
(2) developing information to be distributed to a
patient about the use of emergency contraception drug therapy.
(c) A pharmacist may exercise the pharmacist's professional
judgment to initiate and distribute emergency contraception drug
therapy to a patient in accordance with:
(1) this section and board rules; and
(2) standardized procedures and protocols developed
by the pharmacist and a physician with whom the pharmacist has
entered into an agreement required by Subsection (d).
(d) A pharmacist may not initiate and distribute emergency
contraception drug therapy to a patient in accordance with standing
drug therapy protocol unless the pharmacist enters into an
agreement with at least one physician for purposes of the
initiation and distribution of the drug therapy. The requirement
of Section 157.101(c)(2) does not apply to drug therapy initiated
and distributed under this section.
SECTION 12. Sections 28.004(e) and (h), Education Code, are
repealed.
SECTION 13. (a) The change in law made by Section 31.0235,
Education Code, as added by this Act and the change in law made by
this Act to Section 28.004, Education Code, apply beginning with
the 2005-2006 school year.
(b) If before implementing any provision of Section
32.024(l), Human Resources Code, as amended by this Act, or Section
32.0248, Human Resources Code, as added by this Act, a state agency
determines that a waiver or authorization from a federal agency is
necessary for implementation of that provision, the agency affected
by the provision shall request the waiver or authorization and may
delay implementing that provision until the waiver or authorization
is granted.
(c) The change in law made by this Act to Section 1369.102,
Insurance Code, applies only to a health benefit plan provided
under a coverage document that is delivered, issued for delivery,
or renewed on or after January 1, 2006. A health benefit plan
provided under a coverage document that is delivered, issued for
delivery, or renewed before January 1, 2006, is governed by the law
as it existed immediately before the effective date of this Act, and
that law is continued in effect for this purpose.
(d) Not later than January 1, 2006, the Texas State Board of
Pharmacy shall adopt the rules necessary to administer Section
562.056, Occupations Code, as added by this Act.
(e) The change in law made by this Act to Section 483.042,
Health and Safety Code, applies only to an offense committed on or
after the effective date of this Act. For purposes of this section,
an offense is committed before the effective date of this Act if any
element of the offense occurs before that date. An offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 14. This Act takes effect September 1, 2005.