| |
| |
| |
|
|
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. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2886 was passed by the House on May 9, |
|
|
2017, by the following vote: Yeas 145, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2886 was passed by the Senate on May |
|
|
24, 2017, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |