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A BILL TO BE ENTITLED
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AN ACT
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relating to information about fetal alcohol syndrome to be provided |
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to pregnant patients. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter V to read as follows: |
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SUBCHAPTER V. INFORMATION FOR PREGNANT PATIENTS |
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Sec. 161.601. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Health care provider" means: |
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(A) a physician licensed to practice medicine in |
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this state; |
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(B) a physician assistant licensed under Chapter |
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204, Occupations Code; |
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(C) a midwife licensed under Chapter 203, |
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Occupations Code; |
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(D) an advanced practice nurse as defined by |
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Section 301.152, Occupations Code; |
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(E) a hospital licensed under Chapter 241; or |
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(F) a birthing center licensed under Chapter 244. |
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Sec. 161.602. INFORMATIONAL PAMPHLET PROVIDED TO PREGNANT |
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PATIENT. (a) A health care provider that provides care to a |
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pregnant patient shall, during the patient's first visit with the |
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provider: |
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(1) counsel the patient about the risks of drinking |
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alcohol while pregnant, including fetal alcohol syndrome; |
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(2) provide the patient with an informational pamphlet |
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that includes information about the risks of drinking alcohol while |
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pregnant, including fetal alcohol syndrome; |
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(3) document in the patient's medical record that the |
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provider complied with Subdivisions (1) and (2), and have the |
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patient sign an acknowledgment that the patient was counseled and |
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received the informational pamphlet; and |
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(4) retain the documentation in the provider's records |
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for at least five years. |
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(b) A health care provider may use the informational |
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pamphlet provided on the department's Internet website or an |
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alternative pamphlet that provides the information required by |
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Subsection (a). |
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Sec. 161.603. DUTIES OF DEPARTMENT. (a) The department |
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shall: |
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(1) establish guidelines for the provision of the |
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information required by Section 161.602; |
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(2) make available on the department's Internet |
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website a printable version of the informational pamphlet required |
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by Section 161.602(a); and |
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(3) make the informational pamphlet required by |
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Section 161.602 available for distribution to health care |
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providers. |
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(b) The department may make available online and distribute |
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an existing publication created by the department or another health |
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and human services agency as the informational pamphlet required by |
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Section 161.602. |
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Sec. 161.604. LIABILITY NOT CREATED. This subchapter does |
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not create civil or criminal liability. |
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SECTION 2. Not later than October 1, 2013, the Department of |
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State Health Services shall make available the informational |
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pamphlet required by Subchapter V, Chapter 161, Health and Safety |
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Code, as added by this Act. |
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SECTION 3. Notwithstanding Subchapter V, Chapter 161, |
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Health and Safety Code, as added by this Act, a health care provider |
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is not required to comply with the requirements of Section 161.602, |
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Health and Safety Code, as added by this Act, before January 1, |
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2014. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |