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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the liability of certain healthcare providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.091, Health and Safety Code, is |
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amended by amending Subsection (g) and adding Subsection (g-1) to |
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read as follows: |
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(g) Except as provided by Subsection (g-1), a [A] person |
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commits an offense if the person is a physician or other person in |
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attendance on a pregnant woman either during pregnancy or at |
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delivery and fails to perform a duty required by this section. An |
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offense under this section is a Class B misdemeanor. |
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(g-1) A physician, nurse, midwife, or other person in |
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attendance at childbirth who is unable to apply the prophylaxis due |
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to the objection of the parents, managing conservator, or guardian |
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of the newborn does not commit an offense under this section and may |
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not be prosecuted for failure to administer the prophylaxis as |
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required by this section. The physician, nurse, midwife, or other |
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person in attendance at childbirth shall ensure that the objection |
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of the parent, managing conservator, or guardian is entered into |
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the medical record of the child. The parent, managing conservator, |
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or guardian shall sign the entry. |
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SECTION 2. This Act takes effect September 1, 2017. |