| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to fetal alcohol syndrome information provided to pregnant |
|
|
patients. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 161, Health and Safety Code, is amended |
|
|
by adding Subchapter X to read as follows: |
|
|
SUBCHAPTER X. INFORMATION FOR PREGNANT PATIENTS |
|
|
Sec. 161.701. DEFINITIONS. In this subchapter: |
|
|
(1) "Health care provider" means: |
|
|
(A) a physician licensed to practice medicine in |
|
|
this state; |
|
|
(B) a physician assistant licensed under Chapter |
|
|
204, Occupations Code; |
|
|
(C) a midwife licensed under Chapter 203, |
|
|
Occupations Code; |
|
|
(D) an advanced practice nurse as defined by |
|
|
Section 301.152, Occupations Code; |
|
|
(E) a hospital licensed under Chapter 241; or |
|
|
(F) a birthing center licensed under Chapter 244. |
|
|
(2) "Medically accurate information" means |
|
|
information that is: |
|
|
(A) verified or supported by the weight of |
|
|
research conducted in compliance with accepted scientific methods; |
|
|
(B) published in peer-reviewed journals, if |
|
|
appropriate; and |
|
|
(C) recognized as accurate, objective, and |
|
|
complete by mainstream professional organizations and agencies |
|
|
with expertise in the relevant field, including: |
|
|
(i) the Centers for Disease Control and |
|
|
Prevention of the United States Public Health Service; |
|
|
(ii) the American College of Obstetricians |
|
|
and Gynecologists; |
|
|
(iii) the American Academy of Pediatrics; |
|
|
and |
|
|
(iv) the surgeon general of the United |
|
|
States Department of Health and Human Services. |
|
|
Sec. 161.702. INFORMATIONAL MATERIAL PROVIDED TO PREGNANT |
|
|
PATIENT. (a) A health care provider providing care to a pregnant |
|
|
patient shall, during the patient's first visit with the provider |
|
|
concerning the pregnancy, make available to the patient |
|
|
informational material that includes medically accurate |
|
|
information about the risks of drinking alcohol while pregnant, |
|
|
including fetal alcohol syndrome. |
|
|
(b) A health care provider may use the informational |
|
|
material provided on the department's Internet website or |
|
|
alternative informational material that provides the information |
|
|
required by Subsection (a). |
|
|
Sec. 161.703. DUTIES OF DEPARTMENT. (a) The department |
|
|
shall: |
|
|
(1) establish guidelines for the provision of the |
|
|
information required by Section 161.702; |
|
|
(2) make available on the department's Internet |
|
|
website a printable version of the medically accurate informational |
|
|
material required by Section 161.702(a); and |
|
|
(3) make the informational material required by |
|
|
Section 161.702 available for distribution to health care |
|
|
providers, including at the request of a provider. |
|
|
(b) The department may make available online and distribute |
|
|
an existing medically accurate publication created by the |
|
|
department or another health and human services agency as the |
|
|
informational material required by Section 161.702. |
|
|
Sec. 161.704. LIABILITY NOT CREATED. This subchapter does |
|
|
not create an obligation or duty that provides a basis for a cause |
|
|
of action against a health care provider. A health care provider is |
|
|
immune from administrative, civil, or criminal liability with |
|
|
respect to an action taken or not taken under this subchapter. |
|
|
SECTION 2. Not later than October 1, 2017, the Department of |
|
|
State Health Services shall make available the informational |
|
|
material required by Subchapter X, Chapter 161, Health and Safety |
|
|
Code, as added by this Act. |
|
|
SECTION 3. Notwithstanding Subchapter X, Chapter 161, |
|
|
Health and Safety Code, as added by this Act, a health care provider |
|
|
is not required to comply with the requirements of Section 161.702, |
|
|
Health and Safety Code, as added by this Act, before January 1, |
|
|
2018. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2017. |