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AN ACT
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relating to the provision of certain medical treatment to a |
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pregnant woman by a physician or health care provider. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 74, Civil Practice and Remedies Code, is |
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amended by adding Subchapter L to read as follows: |
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SUBCHAPTER L. ACTIONS ARISING FROM PREGNANCY COMPLICATIONS |
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Sec. 74.551. APPLICATION. An action to which Section |
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74.552 applies is a health care liability claim for purposes of this |
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chapter and is subject to the same requirements as any other health |
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care liability claim. |
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Sec. 74.552. AFFIRMATIVE DEFENSE IN CERTAIN ACTIONS ARISING |
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FROM CERTAIN PREGNANCY COMPLICATIONS. (a) It is an affirmative |
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defense to liability in a civil action brought against a physician |
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or health care provider for a violation of Section 170A.002, Health |
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and Safety Code, including an action to recover a civil penalty |
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under Section 170A.005, Health and Safety Code, that the physician |
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or health care provider exercised reasonable medical judgment in |
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providing medical treatment to a pregnant woman in response to: |
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(1) an ectopic pregnancy at any location; or |
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(2) a previable premature rupture of membranes. |
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(b) A pharmacist or pharmacy that receives, processes, or |
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dispenses a prescription drug or medication order written by a |
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physician or health care provider to whom Subsection (a) applies is |
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entitled to the affirmative defense provided by Subsection (a). |
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(c) This section does not create a civil cause of action. |
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SECTION 2. Section 164.055, Occupations Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (a), the board may not take |
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disciplinary action against a physician who exercised reasonable |
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medical judgment in providing medical treatment to a pregnant woman |
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as described by Section 74.552, Civil Practice and Remedies Code. |
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SECTION 3. Subchapter C, Chapter 9, Penal Code, is amended |
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by adding Section 9.35 to read as follows: |
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Sec. 9.35. CERTAIN MEDICAL TREATMENT PROVIDED TO PREGNANT |
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WOMAN. A physician or health care provider is justified in |
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exercising reasonable medical judgment in providing medical |
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treatment to a pregnant woman as described by Section 74.552, Civil |
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Practice and Remedies Code. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3058 was passed by the House on May |
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12, 2023, by the following vote: Yeas 109, Nays 31, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3058 on May 26, 2023, by the following vote: Yeas 128, Nays 12, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3058 was passed by the Senate, with |
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amendments, on May 24, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |