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A BILL TO BE ENTITLED
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AN ACT
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relating to an exception from penalties for a physician's or health |
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care professional's professional judgment in providing certain |
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abortion services to patients. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.006 to read as follows: |
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Sec. 171.006. PROFESSIONAL JUDGMENT EXCEPTION TO |
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PENALTIES. (a) In this section, "health care professional" means |
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an individual licensed, certified, or otherwise authorized to |
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administer health care in this state in the ordinary course of |
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business or professional practice. The term does not include a |
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health care facility. |
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(b) Notwithstanding Sections 171.018 and 171.064 of this |
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code and Chapters 164 and 165, Occupations Code, a health care |
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professional, including a physician, is not subject to an |
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administrative, civil, or criminal penalty for the professional's |
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failure to comply with Section 171.012(a)(1)(B)(iii), |
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171.012(a)(2)-(6), 171.013, or 171.063 as that section applies to a |
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specific patient if in the professional's good faith professional |
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judgment, compliance with that section in that patient's case would |
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be inconsistent with accepted, evidence-based medical practices |
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and ethical standards. |
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(c) This section does not affect the professional standard |
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of care applicable to a health care professional, including a |
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physician. |
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SECTION 2. This Act applies only to health care services |
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rendered on or after the effective date of this Act. Health care |
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services rendered before the effective date of this Act are |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law continues in effect for that purpose. |
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SECTION 3. 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, 2017. |