| 1 | 1 | | 84R4385 KKR-D |
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| 2 | 2 | | By: Dukes H.B. No. 3954 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to fetal alcohol syndrome information provided to pregnant |
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| 8 | 8 | | patients. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 161, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter X to read as follows: |
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| 12 | 12 | | SUBCHAPTER X. INFORMATION FOR PREGNANT PATIENTS |
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| 13 | 13 | | Sec. 161.701. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Department" means the Department of State Health |
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| 15 | 15 | | Services. |
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| 16 | 16 | | (2) "Health care provider" means: |
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| 17 | 17 | | (A) a physician licensed to practice medicine in |
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| 18 | 18 | | this state; |
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| 19 | 19 | | (B) a physician assistant licensed under Chapter |
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| 20 | 20 | | 204, Occupations Code; |
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| 21 | 21 | | (C) a midwife licensed under Chapter 203, |
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| 22 | 22 | | Occupations Code; |
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| 23 | 23 | | (D) an advanced practice nurse as defined by |
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| 24 | 24 | | Section 301.152, Occupations Code; |
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| 25 | 25 | | (E) a hospital licensed under Chapter 241; or |
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| 26 | 26 | | (F) a birthing center licensed under Chapter 244. |
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| 27 | 27 | | (3) "Medically accurate information" means |
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| 28 | 28 | | information that is: |
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| 29 | 29 | | (A) verified or supported by the weight of |
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| 30 | 30 | | research conducted in compliance with accepted scientific methods; |
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| 31 | 31 | | (B) published in peer reviewed journals, if |
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| 32 | 32 | | appropriate; and |
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| 33 | 33 | | (C) recognized as accurate, objective, and |
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| 34 | 34 | | complete by mainstream professional organizations and agencies |
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| 35 | 35 | | with expertise in the relevant field, including: |
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| 36 | 36 | | (i) the Centers for Disease Control and |
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| 37 | 37 | | Prevention of the United States Public Health Service; |
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| 38 | 38 | | (ii) the American College of Obstetricians |
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| 39 | 39 | | and Gynecologists; |
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| 40 | 40 | | (iii) the American Academy of Pediatrics; |
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| 41 | 41 | | and |
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| 42 | 42 | | (iv) the surgeon general of the United |
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| 43 | 43 | | States Department of Health and Human Services. |
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| 44 | 44 | | Sec. 161.702. INFORMATIONAL MATERIAL PROVIDED TO PREGNANT |
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| 45 | 45 | | PATIENT. (a) A health care provider that provides care to a |
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| 46 | 46 | | pregnant patient shall, during the patient's first visit with the |
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| 47 | 47 | | provider concerning the pregnancy, make available to the patient |
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| 48 | 48 | | informational material that includes medically accurate |
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| 49 | 49 | | information about the risks of drinking alcohol while pregnant, |
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| 50 | 50 | | including fetal alcohol syndrome. |
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| 51 | 51 | | (b) A health care provider may use the informational |
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| 52 | 52 | | material provided on the department's Internet website or |
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| 53 | 53 | | alternative informational material that provides the information |
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| 54 | 54 | | required by Subsection (a). |
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| 55 | 55 | | Sec. 161.703. DUTIES OF DEPARTMENT. (a) The department |
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| 56 | 56 | | shall: |
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| 57 | 57 | | (1) establish guidelines for the provision of the |
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| 58 | 58 | | information required by Section 161.702; |
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| 59 | 59 | | (2) make available on the department's Internet |
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| 60 | 60 | | website a printable version of the medically accurate informational |
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| 61 | 61 | | material required by Section 161.702(a); and |
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| 62 | 62 | | (3) make the informational material required by |
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| 63 | 63 | | Section 161.702 available for distribution to health care |
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| 64 | 64 | | providers, including at the request of a provider. |
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| 65 | 65 | | (b) The department may make available online and distribute |
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| 66 | 66 | | an existing medically accurate publication created by the |
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| 67 | 67 | | department or another health and human services agency as the |
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| 68 | 68 | | informational material required by Section 161.702. |
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| 69 | 69 | | Sec. 161.704. LIABILITY NOT CREATED. This subchapter does |
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| 70 | 70 | | not create an obligation or duty that provides a basis for a cause |
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| 71 | 71 | | of action against a health care provider. A health care provider is |
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| 72 | 72 | | immune from administrative, civil, or criminal liability with |
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| 73 | 73 | | respect to an action taken or not taken under this subchapter. |
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| 74 | 74 | | SECTION 2. Not later than October 1, 2015, the Department of |
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| 75 | 75 | | State Health Services shall make available the informational |
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| 76 | 76 | | material required by Subchapter X, Chapter 161, Health and Safety |
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| 77 | 77 | | Code, as added by this Act. |
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| 78 | 78 | | SECTION 3. Notwithstanding Subchapter X, Chapter 161, |
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| 79 | 79 | | Health and Safety Code, as added by this Act, a health care provider |
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| 80 | 80 | | is not required to comply with the requirements of Section 161.702, |
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| 81 | 81 | | Health and Safety Code, as added by this Act, before January 1, |
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| 82 | 82 | | 2016. |
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| 83 | 83 | | SECTION 4. This Act takes effect immediately if it receives |
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| 84 | 84 | | a vote of two-thirds of all the members elected to each house, as |
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| 85 | 85 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 86 | 86 | | Act does not receive the vote necessary for immediate effect, this |
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| 87 | 87 | | Act takes effect September 1, 2015. |
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