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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 disabilities or diseases; |
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(2) in approximately two percent of pregnancies, the |
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preborn child is diagnosed with a life-threatening medical |
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condition that will likely result in the child's death before or |
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shortly after birth; and |
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(3) since the lives of preborn 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) 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 that a pregnant woman whose preborn child is |
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diagnosed with a life-threatening disability is informed of the |
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availability of perinatal 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 |
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pregnant woman, her preborn child, and her family, from diagnosis |
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of the preborn child's life-threatening disability through the |
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child's delivery and possible death as a result of the |
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life-threatening disability. The term includes medical, social, |
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and mental health care, including counseling 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 pregnant woman, her preborn child, and her |
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family experience a supportive environment. The term does not |
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include an act or omission intended to cause or hasten a preborn |
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child's death. |
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Sec. 161.753. PERINATAL PALLIATIVE CARE INFORMATIONAL |
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MATERIALS. (a) The commission shall develop perinatal palliative |
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care informational materials and post the materials on the |
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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 all perinatal palliative |
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care providers and programs in this state. The commission may |
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include perinatal palliative care providers and programs in other |
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states that provide care to residents of this state but may not |
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include an abortion provider, as defined by Section 171.002, or an |
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affiliate, as defined by Section 2273.001, Government Code, of an |
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abortion provider. |
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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 contact information, and note the providers and |
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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 shall develop a form on which a pregnant woman |
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certifies she received 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. |
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Sec. 161.755. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF |
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PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care |
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provider who diagnoses a pregnant woman's preborn child as having a |
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life-threatening disability 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. DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY. |
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A health care provider who violates Section 161.755 is subject to |
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disciplinary action by the state licensing agency that regulates |
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the provider. On determining the provider committed a violation, |
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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. |