85R21377 KKR-F
 
  By: Klick H.B. No. 2886
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to limiting the liability of certain health care
  providers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.091, Health and Safety Code, is
  amended by amending Subsection (g) and adding Subsection (g-1) to
  read as follows:
         (g)  Except as provided by Subsection (g-1), a [A] person
  commits an offense if the person is a physician or other person in
  attendance on a pregnant woman either during pregnancy or at
  delivery and fails to perform a duty required by this section.  An
  offense under this section is a Class B misdemeanor.
         (g-1)  A physician, nurse, midwife, or other person in
  attendance at childbirth who is unable to apply the prophylaxis as
  required by this section due to the objection of a parent, managing
  conservator, or guardian of the newborn infant does not commit an
  offense under this section and is not subject to criminal, civil, or
  administrative liability or any professional disciplinary action
  for failure to administer the prophylaxis.  The physician, nurse,
  midwife, or person shall ensure that the objection of the parent,
  managing conservator, or guardian is entered into the medical
  record of the infant.
         SECTION 2.  This Act takes effect September 1, 2017.