83R1315 KKR-D
By: Dukes H.B. No. 446
A BILL TO BE ENTITLED
AN ACT
relating to information about fetal alcohol syndrome to be provided
to pregnant patients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter V to read as follows:
SUBCHAPTER V. INFORMATION FOR PREGNANT PATIENTS
Sec. 161.601. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of State Health
Services.
(2) "Health care provider" means:
(A) a physician licensed to practice medicine in
this state;
(B) a physician assistant licensed under Chapter
204, Occupations Code;
(C) a midwife licensed under Chapter 203,
Occupations Code;
(D) an advanced practice nurse as defined by
Section 301.152, Occupations Code;
(E) a hospital licensed under Chapter 241; or
(F) a birthing center licensed under Chapter 244.
Sec. 161.602. INFORMATIONAL PAMPHLET PROVIDED TO PREGNANT
PATIENT. (a) A health care provider that provides care to a
pregnant patient shall, during the patient's first visit with the
provider:
(1) counsel the patient about the risks of drinking
alcohol while pregnant, including fetal alcohol syndrome;
(2) provide the patient with an informational pamphlet
that includes information about the risks of drinking alcohol while
pregnant, including fetal alcohol syndrome;
(3) document in the patient's medical record that the
provider complied with Subdivisions (1) and (2), and have the
patient sign an acknowledgment that the patient was counseled and
received the informational pamphlet; and
(4) retain the documentation in the provider's records
for at least five years.
(b) A health care provider may use the informational
pamphlet provided on the department's Internet website or an
alternative pamphlet that provides the information required by
Subsection (a).
Sec. 161.603. DUTIES OF DEPARTMENT. (a) The department
shall:
(1) establish guidelines for the provision of the
information required by Section 161.602;
(2) make available on the department's Internet
website a printable version of the informational pamphlet required
by Section 161.602(a); and
(3) make the informational pamphlet required by
Section 161.602 available for distribution to health care
providers.
(b) The department may make available online and distribute
an existing publication created by the department or another health
and human services agency as the informational pamphlet required by
Section 161.602.
Sec. 161.604. LIABILITY NOT CREATED. This subchapter does
not create civil or criminal liability.
SECTION 2. Not later than October 1, 2013, the Department of
State Health Services shall make available the informational
pamphlet required by Subchapter V, Chapter 161, Health and Safety
Code, as added by this Act.
SECTION 3. Notwithstanding Subchapter V, Chapter 161,
Health and Safety Code, as added by this Act, a health care provider
is not required to comply with the requirements of Section 161.602,
Health and Safety Code, as added by this Act, before January 1,
2014.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.