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A BILL TO BE ENTITLED
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AN ACT
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relating to fetal alcohol syndrome information provided to pregnant |
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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 X to read as follows: |
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SUBCHAPTER X. INFORMATION FOR PREGNANT PATIENTS |
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Sec. 161.701. 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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(3) "Medically accurate information" means |
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information that is: |
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(A) verified or supported by the weight of |
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research conducted in compliance with accepted scientific methods; |
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(B) published in peer reviewed journals, if |
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appropriate; and |
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(C) recognized as accurate, objective, and |
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complete by mainstream professional organizations and agencies |
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with expertise in the relevant field, including: |
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(i) the Centers for Disease Control and |
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Prevention of the United States Public Health Service; |
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(ii) the American College of Obstetricians |
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and Gynecologists; |
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(iii) the American Academy of Pediatrics; |
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and |
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(iv) the surgeon general of the United |
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States Department of Health and Human Services. |
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Sec. 161.702. INFORMATIONAL MATERIAL 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 concerning the pregnancy, make available to the patient |
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informational material that includes medically accurate |
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information about the risks of drinking alcohol while pregnant, |
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including fetal alcohol syndrome. |
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(b) A health care provider may use the informational |
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material provided on the department's Internet website or |
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alternative informational material that provides the information |
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required by Subsection (a). |
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Sec. 161.703. 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 161.702; |
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(2) make available on the department's Internet |
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website a printable version of the medically accurate informational |
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material required by Section 161.702(a); and |
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(3) make the informational material required by |
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Section 161.702 available for distribution to health care |
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providers, including at the request of a provider. |
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(b) The department may make available online and distribute |
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an existing medically accurate publication created by the |
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department or another health and human services agency as the |
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informational material required by Section 161.702. |
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Sec. 161.704. LIABILITY NOT CREATED. This subchapter does |
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not create an obligation or duty that provides a basis for a cause |
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of action against a health care provider. A health care provider is |
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immune from administrative, civil, or criminal liability with |
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respect to an action taken or not taken under this subchapter. |
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SECTION 2. Not later than October 1, 2015, the Department of |
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State Health Services shall make available the informational |
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material required by Subchapter X, Chapter 161, Health and Safety |
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Code, as added by this Act. |
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SECTION 3. Notwithstanding Subchapter X, 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 161.702, |
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Health and Safety Code, as added by this Act, before January 1, |
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2016. |
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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, 2015. |