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A BILL TO BE ENTITLED
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AN ACT
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Relating to privacy protections for individuals experiencing |
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pregnancy loss. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 174 to read as follows: |
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CHAPTER 174. PROHIBITED REPORT, DISCLOSURE, AND CRIMINAL OFFENSE |
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ENFORCEMENT AND PREGNANCY LOSS |
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Sec. 174.001. APPLICABILITY. This chapter applies to the |
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loss of a pregnancy that occurs intentionally or unintentionally. |
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Sec. 174.002. PROHIBITED REPORT OR DISCLOSURE OF PREGNANCY |
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LOSS BY HEALTH CARE PROVIDERS. (a) Notwithstanding any other law, |
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a physician or other health care provider who provides health care |
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services to a patient who experiences a pregnancy loss or who the |
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physician or provider suspects may have experienced a pregnancy |
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loss is prohibited from reporting or disclosing that information to |
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a peace officer or law enforcement agency. |
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(b) The report or disclosure of information prohibited |
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under Subsection (a) by a physician or other health care provider |
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constitutes a violation of Chapter 181 and the physician or |
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provider is subject to enforcement actions under Subchapter E of |
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that chapter, including disciplinary action by the appropriate |
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licensing authority. |
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Sec. 174.003. PROHIBITED REPORT TO LAW ENFORCEMENT FOR |
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PREGNANCY LOSS. Notwithstanding any other law, an individual |
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experiencing pregnancy loss to which this chapter applies may not |
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be used by a person as the basis for filing: |
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(1) A child abuse report under Chapter 261. Family |
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Code; or |
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(2) A report with a peace officer or law enforcement |
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agency. |
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Sec. 174.004. PROHIBITED ENFORCEMENT AND INVESTIGATION OF |
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CRIMINAL OFFENSE. (a) A physician's or other health care |
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provider's treatment for the complications of a pregnancy loss does |
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not constitute probably cause for an arrest of an individual for an |
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offense under: |
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(1) Chapter 170A; |
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(2) Chapter 171; or |
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(3) Chapter 6-1/2, Title 71, Revised Statutes. |
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Sec. 174.005. PROHIBITED ENFORCEMENT AND INVESTIGATION OF |
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CRIMINAL OFFENSE. (a) Notwithstanding any other law, an |
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individual experiencing pregnancy loss to which this chapter |
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applies may not be used by a peace officer or law enforcement agency |
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as the basis for: |
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(1) Probable cause for arrest or detainment; or |
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(2) Compelling questioning in pursuit of an |
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investigation of the individual experiencing pregnancy loss or that |
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of another in relation to the individual experiencing pregnancy |
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loss; or |
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(3) A warrant for existing medical records or |
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electronic communications of the individual experiencing pregnancy |
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loss. |
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(b) This section applies to but is not limited to offenses |
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under: |
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(1) Chapter 170A; |
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(2) Chapter 171; or |
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(3) Chapter 6-1/2, Title 71, Revised Statutes. |
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Sec. 174.006. PROTECTIONS FOR PRIVATE RECORDS. (a) For |
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lawsuits related to pregnancy loss, including but not limited to |
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under Section 171.208, an individual who has experience pregnancy |
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loss shall not be compelled to: |
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(1) Testify or give deposition |
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(2) Release private medical records or electronic |
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communications |
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(b) A court may not order the release of private medical |
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records or electronic communications from a person who experienced |
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pregnancy loss. |
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SECTION 4. This Act takes effect September 1, 2023. |