86R16849 EAS-D
  By: Ramos H.B. No. 3017
  Substitute the following for H.B. No. 3017:
  By:  Ortega C.S.H.B. No. 3017
  relating to the requirements for conducting a pelvic examination;
  authorizing disciplinary action.
         SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is
  amended by adding Chapter 167A to read as follows:
  health care practitioner, including a physician, physician
  assistant, or advanced practice registered nurse, who is licensed
  to practice in this state may not perform, or instruct any other
  person to perform, a pelvic examination on a patient unless:
               (1)  the patient or the patient's legally authorized
  representative provides informed consent for the pelvic
               (2)  the pelvic examination meets the standard of care
  for diagnosing or treating the patient's medical condition; or
               (3)  if the patient is unconscious, the pelvic
  examination is required for diagnosis or treatment of the patient's
  medical condition.
         Sec. 167A.002.  DISCIPLINARY ACTION. A health care
  practitioner who violates Section 167A.001 is subject to
  disciplinary action by the state regulatory agency that issued a
  license to the practitioner, including the imposition of an
  administrative penalty.
         SECTION 2.  Section 164.052(a), Occupations Code, is amended
  to read as follows:
         (a)  A physician or an applicant for a license to practice
  medicine commits a prohibited practice if that person:
               (1)  submits to the board a false or misleading
  statement, document, or certificate in an application for a
               (2)  presents to the board a license, certificate, or
  diploma that was illegally or fraudulently obtained;
               (3)  commits fraud or deception in taking or passing an
               (4)  uses alcohol or drugs in an intemperate manner
  that, in the board's opinion, could endanger a patient's life;
               (5)  commits unprofessional or dishonorable conduct
  that is likely to deceive or defraud the public, as provided by
  Section 164.053, or injure the public;
               (6)  uses an advertising statement that is false,
  misleading, or deceptive;
               (7)  advertises professional superiority or the
  performance of professional service in a superior manner if that
  advertising is not readily subject to verification;
               (8)  purchases, sells, barters, or uses, or offers to
  purchase, sell, barter, or use, a medical degree, license,
  certificate, or diploma, or a transcript of a license, certificate,
  or diploma in or incident to an application to the board for a
  license to practice medicine;
               (9)  alters, with fraudulent intent, a medical license,
  certificate, or diploma, or a transcript of a medical license,
  certificate, or diploma;
               (10)  uses a medical license, certificate, or diploma,
  or a transcript of a medical license, certificate, or diploma that
  has been:
                     (A)  fraudulently purchased or issued;
                     (B)  counterfeited; or
                     (C)  materially altered;
               (11)  impersonates or acts as proxy for another person
  in an examination required by this subtitle for a medical license;
               (12)  engages in conduct that subverts or attempts to
  subvert an examination process required by this subtitle for a
  medical license;
               (13)  impersonates a physician or permits another to
  use the person's license or certificate to practice medicine in
  this state;
               (14)  directly or indirectly employs a person whose
  license to practice medicine has been suspended, canceled, or
               (15)  associates in the practice of medicine with a
                     (A)  whose license to practice medicine has been
  suspended, canceled, or revoked; or
                     (B)  who has been convicted of the unlawful
  practice of medicine in this state or elsewhere;
               (16)  performs or procures a criminal abortion, aids or
  abets in the procuring of a criminal abortion, attempts to perform
  or procure a criminal abortion, or attempts to aid or abet the
  performance or procurement of a criminal abortion;
               (17)  directly or indirectly aids or abets the practice
  of medicine by a person, partnership, association, or corporation
  that is not licensed to practice medicine by the board;
               (18)  performs an abortion on a woman who is pregnant
  with a viable unborn child during the third trimester of the
  pregnancy unless:
                     (A)  the abortion is necessary to prevent the
  death of the woman;
                     (B)  the viable unborn child has a severe,
  irreversible brain impairment; or
                     (C)  the woman is diagnosed with a significant
  likelihood of suffering imminent severe, irreversible brain damage
  or imminent severe, irreversible paralysis;
               (19)  performs an abortion on an unemancipated minor
  without the written consent of the child's parent, managing
  conservator, or legal guardian or without a court order, as
  provided by Section 33.003 or 33.004, Family Code, unless the
  abortion is necessary due to a medical emergency, as defined by
  Section 171.002, Health and Safety Code;
               (20)  otherwise performs an abortion on an
  unemancipated minor in violation of Chapter 33, Family Code; [or]
               (21)  performs or induces or attempts to perform or
  induce an abortion in violation of Subchapter C, F, or G, Chapter
  171, Health and Safety Code; or
               (22)  performs a pelvic examination in violation of
  Section 167A.001, Health and Safety Code.
         SECTION 3.  The changes in law made by this Act apply only to
  a pelvic examination performed on or after the effective date of
  this Act. A pelvic examination performed before the effective date
  of this Act is governed by the law in effect when the pelvic
  examination occurred, and the former law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2019.