Texas 2019 - 86th Regular

Texas House Bill HB2892

Caption

Relating to the right of conscientious refusal of a health care service.

Impact

This legislation significantly impacts the regulation of healthcare services in Texas by formalizing conscientious refusal protocols that healthcare facilities must adopt. These protocols require facilities to inform patients promptly about their conditions and available treatment options, facilitating the patient's access to care even after a refusal by a healthcare provider. This aims to balance a provider's right to refuse care with the healthcare access rights of patients, thus addressing potential conflicts between medical ethics and patient rights.

Summary

House Bill 2892, known as the Texas Health Care Right of Conscience Act, establishes a framework that guarantees individuals the right to refuse healthcare services based on sincerely held moral convictions. This bill defines 'conscience' broadly, encompassing not just religious beliefs, but also moral philosophies. By doing so, it aims to protect both healthcare providers and organizations from legal repercussions when they refuse to provide services that conflict with their ethical positions. The provisions in this bill are intended to ensure that such refusals do not hinder a patient's access to necessary healthcare services.

Conclusion

Overall, the Texas Health Care Right of Conscience Act represents a significant shift in the legal landscape governing healthcare services in Texas. By recognizing and protecting the rights of conscientious refusal, the bill emphasizes the complex interplay between individual beliefs and patient rights, making it both a landmark piece of legislation and a source of ongoing discussion regarding its implications for the healthcare system.

Contention

Notably, HB 2892 has sparked debate among various stakeholders in the healthcare sector. Supporters argue that the bill enhances the protection of personal and ethical beliefs of healthcare providers, allowing them to practice according to their conscience without fear of professional or legal retribution. However, critics express concern that the bill could lead to discrimination against patients seeking certain medical services, particularly those related to reproductive health and end-of-life care. They argue that the implementation of such protocols may inadvertently allow for biases against providing comprehensive care, possibly violating patients' rights to access necessary medical treatment.

Companion Bills

TX SB1107

Same As Relating to the right of conscientious refusal of a health care service.

Previously Filed As

TX HB319

Relating to protection of persons from participation in a health care service for reasons of conscience; providing a civil remedy; authorizing disciplinary action.

TX SB2199

Relating to protection of individuals from participation in a health care service for reasons of conscience; providing a civil remedy; authorizing disciplinary action.

TX HB4611

Relating to the nonsubstantive revision of the health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services.

TX HB1873

Relating to patients' rights, consumer protection, and directives for the provision of health care services; providing an administrative penalty.

TX HB1105

Relating to preventative health care and public health, including prohibited immunization and face-covering requirements, private business or school closures, and the ordering and administration of immunizations by a pharmacist.

TX SB304

Relating to prohibited immunization status discrimination and vaccine mandates; authorizing administrative penalties.

TX SB1724

Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.

TX SB1952

Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.

TX HB3162

Relating to advance directives, do-not-resuscitate orders, and health care treatment decisions made by or on behalf of certain patients, including a review of directives and decisions.

TX SB1024

Relating to preventative health care and public health, including prohibited immunization and face-covering requirements and private business or school closures.

Similar Bills

TX SB1107

Relating to the right of conscientious refusal of a health care service.

TX HB2878

Relating to the right of conscientious refusal of a health care service.

MO SB232

Modifies provisions relating to immunizations

WV HB2072

Allowing healthcare workers to refuse to perform procedures related to sex reassignment or gender identity transitioning for religious or conscientious objection

WV HB4884

Allowing healthcare workers to refuse to perform procedures related to sex reassignment or gender identity transitioning for religious or conscientious objection

MS HB1422

Vaccine Discrimination and Transparency Act; create.

UT SB0320

Physician Practice Amendments

MS SB2755

"Vaccine Discrimination and Transparency Act"; prohibit coercion related to vaccination.