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A BILL TO BE ENTITLED
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AN ACT
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relating to information regarding perinatal palliative care; |
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creating an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Perinatal Palliative |
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Care Act. |
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SECTION 2. The legislature finds that: |
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(1) palliative care is a critical form of care |
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provided to alleviate the pain and suffering of individuals with |
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severe life-threatening or life-limiting illnesses or medical |
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conditions; |
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(2) in approximately two percent of pregnancies, the |
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unborn child is diagnosed with a life-threatening or life-limiting |
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illness or medical condition that may result in the child's death |
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before or shortly after birth; and |
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(3) since the lives of unborn children are no longer |
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prematurely taken by abortion in this state, many of the children |
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described by Subdivision (2) of this section are born alive. |
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SECTION 3. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter Z to read as follows: |
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SUBCHAPTER Z. PERINATAL PALLIATIVE CARE |
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Sec. 161.751. PURPOSE OF SUBCHAPTER. The purpose of this |
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subchapter is to ensure a pregnant woman whose unborn child is |
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diagnosed with a life-threatening or life-limiting illness or |
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medical condition is informed of the availability of perinatal |
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palliative care. |
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Sec. 161.752. DEFINITIONS. In this subchapter: |
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(1) "Health care provider" has the meaning assigned by |
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Section 34.001. |
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(2) "Perinatal palliative care" means the provision of |
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comprehensive, supportive care to reduce the suffering of a woman |
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who is pregnant or delivers a child, her unborn child or infant, and |
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her family, from diagnosis of the unborn child's life-threatening |
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or life-limiting illness or medical condition through the duration |
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of the perinatal period and possible death as a result of the |
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illness or condition. The care may be provided concurrently with |
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methods of treatment or therapies that seek to cure or minimize the |
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effects of the illness or condition. The term: |
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(A) includes medical, social, and mental health |
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care, including counseling regarding treatment options, education, |
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informed consent, and expression of desires, and health care |
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provided by maternal-fetal medical specialists, obstetricians, |
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neonatologists, anesthesia specialists, specialty nurses, clergy, |
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social workers, and other individuals focused on alleviating fear |
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and pain and ensuring the woman, her unborn child or infant, and her |
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family experience a supportive environment; and |
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(B) does not include an act or omission intended |
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to cause or hasten an unborn child's death. |
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(3) "Perinatal period" means the period beginning at |
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conception and ending on an infant's first birthday. |
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Sec. 161.753. PERINATAL PALLIATIVE CARE INFORMATIONAL |
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MATERIALS. (a) The commission, in collaboration with the |
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department and the Palliative Care Interdisciplinary Advisory |
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Council established under Chapter 118, shall develop perinatal |
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palliative care informational materials and post the materials on |
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the commission's Internet website. The materials must include: |
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(1) a description of the health care and other |
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services available through perinatal palliative care; and |
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(2) information about medical assistance benefits |
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that may be available for prenatal care, childbirth, and perinatal |
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palliative care. |
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(b) The commission shall develop, regularly update, and |
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publish a geographically indexed list of perinatal palliative care |
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providers and programs in this state. The list must include the |
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name, physical address, and phone number of each provider or |
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program. The commission may include perinatal palliative care |
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providers and programs in other states that provide care to |
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residents of this state but may not include an abortion provider, as |
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defined by Section 171.002, or an affiliate, as defined by Section |
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2273.001, Government Code, of an abortion provider unless the |
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provider or affiliate performs abortions only during a medical |
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emergency as defined by Section 171.002. |
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(c) The commission shall post on the commission's Internet |
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website the list of perinatal palliative care providers and |
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programs, including the contact information, and note the providers |
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and programs that provide services free of charge. |
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Sec. 161.754. PERINATAL PALLIATIVE CARE CERTIFICATION |
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FORM. The commission, in collaboration with the department, shall |
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develop a form on which a pregnant woman certifies she received the |
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perinatal palliative care informational materials and list of the |
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perinatal palliative care providers and programs described by |
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Section 161.753. |
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Sec. 161.755. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF |
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UNBORN CHILD'S LIFE-THREATENING OR LIFE-LIMITING ILLNESS OR |
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MEDICAL CONDITION. A health care provider who diagnoses a pregnant |
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woman's unborn child as having a life-threatening or life-limiting |
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illness or medical condition shall, at the time of the diagnosis: |
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(1) provide the pregnant woman with a written copy of: |
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(A) the perinatal palliative care informational |
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materials and list of the perinatal palliative care providers and |
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programs described by Section 161.753; and |
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(B) the perinatal palliative care certification |
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form described by Section 161.754; and |
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(2) obtain from the pregnant woman the signed |
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perinatal palliative care certification form and place the form in |
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the pregnant woman's medical records. |
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Sec. 161.756. EXCEPTION. A health care provider is not |
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required to provide the perinatal palliative care informational |
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materials or perinatal palliative care certification form under |
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this subchapter if the health care provider verifies the pregnant |
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woman's medical record contains a signed perinatal palliative care |
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certification form for that pregnancy as required under Section |
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161.755(2). |
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Sec. 161.757. COMPLAINTS; DISCIPLINARY ACTION; |
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ADMINISTRATIVE PENALTY. (a) If a health care provider fails to |
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provide to a pregnant woman the perinatal palliative care |
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informational materials as required by Section 161.755, the woman |
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may submit a complaint to the commission in the form and manner the |
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commission prescribes. |
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(b) A health care provider who violates Section 161.755 is |
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subject to disciplinary action by the state licensing agency that |
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regulates the provider. On determining the provider committed a |
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violation, the agency shall: |
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(1) for an initial violation, issue a written warning |
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to the provider; and |
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(2) for each subsequent violation, impose on the |
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provider an administrative penalty in the amount of $1,000. |
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SECTION 4. This Act takes effect September 1, 2025. |