84R4385 KKR-D
By: Dukes H.B. No. 3954
A BILL TO BE ENTITLED
AN ACT
relating to fetal alcohol syndrome information 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 X to read as follows:
SUBCHAPTER X. INFORMATION FOR PREGNANT PATIENTS
Sec. 161.701. 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.
(3) "Medically accurate information" means
information that is:
(A) verified or supported by the weight of
research conducted in compliance with accepted scientific methods;
(B) published in peer reviewed journals, if
appropriate; and
(C) recognized as accurate, objective, and
complete by mainstream professional organizations and agencies
with expertise in the relevant field, including:
(i) the Centers for Disease Control and
Prevention of the United States Public Health Service;
(ii) the American College of Obstetricians
and Gynecologists;
(iii) the American Academy of Pediatrics;
and
(iv) the surgeon general of the United
States Department of Health and Human Services.
Sec. 161.702. INFORMATIONAL MATERIAL 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 concerning the pregnancy, make available to the patient
informational material that includes medically accurate
information about the risks of drinking alcohol while pregnant,
including fetal alcohol syndrome.
(b) A health care provider may use the informational
material provided on the department's Internet website or
alternative informational material that provides the information
required by Subsection (a).
Sec. 161.703. DUTIES OF DEPARTMENT. (a) The department
shall:
(1) establish guidelines for the provision of the
information required by Section 161.702;
(2) make available on the department's Internet
website a printable version of the medically accurate informational
material required by Section 161.702(a); and
(3) make the informational material required by
Section 161.702 available for distribution to health care
providers, including at the request of a provider.
(b) The department may make available online and distribute
an existing medically accurate publication created by the
department or another health and human services agency as the
informational material required by Section 161.702.
Sec. 161.704. LIABILITY NOT CREATED. This subchapter does
not create an obligation or duty that provides a basis for a cause
of action against a health care provider. A health care provider is
immune from administrative, civil, or criminal liability with
respect to an action taken or not taken under this subchapter.
SECTION 2. Not later than October 1, 2015, the Department of
State Health Services shall make available the informational
material required by Subchapter X, Chapter 161, Health and Safety
Code, as added by this Act.
SECTION 3. Notwithstanding Subchapter X, 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 161.702,
Health and Safety Code, as added by this Act, before January 1,
2016.
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, 2015.