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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for pelvic examinations and other |
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sensitive health care services; imposing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 167A, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 167A. PELVIC EXAMINATIONS AND OTHER SENSITIVE HEALTH CARE |
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SERVICES |
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SECTION 2. Section 167A.001, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (1-a), |
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(1-b), and (4) to read as follows: |
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(1) "Health care facility" means a facility licensed, |
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certified, or otherwise authorized to provide health care in the |
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ordinary course of business in this state. |
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(1-a) "Health care practitioner" means a physician, |
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physician assistant, or advanced practice registered nurse |
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licensed to practice in this state. |
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(1-b) "Medical chaperone" means a health care |
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practitioner who on a patient's request observes the provision of a |
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sensitive health care service. |
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(4) "Sensitive health care service" means a health |
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care service that involves a patient's external or internal |
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reproductive organs, genitalia, rectum, or breasts or that the |
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patient is uncomfortable receiving without a medical chaperone |
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present. The term includes a pelvic examination. |
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SECTION 3. Chapter 167A, Health and Safety Code, is amended |
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by adding Sections 167A.004, 167A.005, and 167A.006 to read as |
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follows: |
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Sec. 167A.004. SENSITIVE HEALTH CARE SERVICE REQUIREMENTS. |
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(a) A health care practitioner may not perform a potentially |
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sensitive health care service on a patient unless the practitioner: |
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(1) provides the patient or the patient's legally |
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authorized representative with written or electronic notice of the |
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patient's rights under this chapter; |
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(2) offers the patient the option to request a medical |
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chaperone to observe the provision of the service and, on that |
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request, provides the chaperone for the duration of the service; |
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and |
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(3) obtains the patient's informed consent before |
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provision of the service. |
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(b) The notice provided under Subsection (a)(1) must |
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include notice of the patient's right to: |
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(1) receive an easily understandable summary of the |
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patient's health care status and each potentially sensitive health |
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care service the health care practitioner is recommending for the |
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patient; |
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(2) participate in decisions pertaining to the |
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patient's care; |
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(3) request a medical chaperone to observe provision |
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of the service; and |
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(4) provide informed consent before agreeing to |
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provision of the service. |
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(c) The executive commissioner may adopt rules as necessary |
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to implement this section. |
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Sec. 167A.005. REQUIRED MEDICAL CHAPERONE TRAINING. A |
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health care facility that provides sensitive health care services |
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shall require each health care practitioner who performs the |
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services at the facility to complete at least one medical chaperone |
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training course that includes the curriculum developed or adopted |
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under Section 167A.006. |
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Sec. 167A.006. MEDICAL CHAPERONE TRAINING CURRICULUM. (a) |
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The commission shall develop or adopt a curriculum for training |
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medical chaperones that provides guidance on a chaperone's role in: |
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(1) observing the provision of a sensitive health care |
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service to a patient; |
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(2) supporting the patient throughout the service's |
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provision by ensuring the patient's comfort, privacy, and safety; |
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and |
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(3) reporting any misconduct. |
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(b) The curriculum must be developed or adopted in |
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accordance with: |
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(1) medical best practices; |
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(2) the American Medical Association Code of Medical |
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Ethics; and |
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(3) any other appropriate guidelines as the commission |
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determines. |
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SECTION 4. Section 167A.003, Health and Safety Code, is |
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redesignated as Section 167A.007, Health and Safety Code, and |
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amended to read as follows: |
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Sec. 167A.007 [167A.003]. DISCIPLINARY ACTION. The |
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appropriate licensing authority may take disciplinary action |
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against a health care practitioner or health care facility that |
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[who] violates this chapter [Section 167A.002], including imposing |
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an administrative penalty, as if the practitioner or facility |
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violated an applicable licensing law. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules required by Sections |
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167A.004, 167A.005, and 167A.006, Health and Safety Code, as added |
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by this Act, and Section 167A.007, Health and Safety Code, as |
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redesignated and amended by this Act. |
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SECTION 6. The changes in law made by this Act apply only to |
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a pelvic examination or sensitive health care service performed on |
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or after the effective date of this Act. A pelvic examination or |
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sensitive health care service performed before the effective date |
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of this Act is governed by the law in effect when the pelvic |
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examination or sensitive health care service occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2027. |