| 1 | 1 | | 85R642 SCL-D |
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| 2 | 2 | | By: Howard H.B. No. 262 |
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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 an exception from penalties for a physician's or health |
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| 8 | 8 | | care professional's professional judgment in providing certain |
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| 9 | 9 | | abortion services to patients. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 171, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 171.006 to read as follows: |
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| 13 | 13 | | Sec. 171.006. PROFESSIONAL JUDGMENT EXCEPTION TO |
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| 14 | 14 | | PENALTIES. (a) In this section, "health care professional" means |
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| 15 | 15 | | an individual licensed, certified, or otherwise authorized to |
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| 16 | 16 | | administer health care in this state in the ordinary course of |
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| 17 | 17 | | business or professional practice. The term does not include a |
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| 18 | 18 | | health care facility. |
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| 19 | 19 | | (b) Notwithstanding Sections 171.018 and 171.064 of this |
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| 20 | 20 | | code and Chapters 164 and 165, Occupations Code, a health care |
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| 21 | 21 | | professional, including a physician, is not subject to an |
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| 22 | 22 | | administrative, civil, or criminal penalty for the professional's |
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| 23 | 23 | | failure to comply with Section 171.012(a)(1)(B)(iii), |
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| 24 | 24 | | 171.012(a)(2)-(6), 171.013, or 171.063 as that section applies to a |
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| 25 | 25 | | specific patient if in the professional's good faith professional |
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| 26 | 26 | | judgment, compliance with that section in that patient's case would |
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| 27 | 27 | | be inconsistent with accepted, evidence-based medical practices |
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| 28 | 28 | | and ethical standards. |
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| 29 | 29 | | (c) This section does not affect the professional standard |
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| 30 | 30 | | of care applicable to a health care professional, including a |
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| 31 | 31 | | physician. |
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| 32 | 32 | | SECTION 2. This Act applies only to health care services |
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| 33 | 33 | | rendered on or after the effective date of this Act. Health care |
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| 34 | 34 | | services rendered before the effective date of this Act are |
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| 35 | 35 | | governed by the law in effect immediately before the effective date |
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| 36 | 36 | | of this Act, and that law continues in effect for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2017. |
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