85R642 SCL-D
By: Howard H.B. No. 262
A BILL TO BE ENTITLED
AN ACT
relating to an exception from penalties for a physician's or health
care professional's professional judgment in providing certain
abortion services to patients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 171, Health and Safety
Code, is amended by adding Section 171.006 to read as follows:
Sec. 171.006. PROFESSIONAL JUDGMENT EXCEPTION TO
PENALTIES. (a) In this section, "health care professional" means
an individual licensed, certified, or otherwise authorized to
administer health care in this state in the ordinary course of
business or professional practice. The term does not include a
health care facility.
(b) Notwithstanding Sections 171.018 and 171.064 of this
code and Chapters 164 and 165, Occupations Code, a health care
professional, including a physician, is not subject to an
administrative, civil, or criminal penalty for the professional's
failure to comply with Section 171.012(a)(1)(B)(iii),
171.012(a)(2)-(6), 171.013, or 171.063 as that section applies to a
specific patient if in the professional's good faith professional
judgment, compliance with that section in that patient's case would
be inconsistent with accepted, evidence-based medical practices
and ethical standards.
(c) This section does not affect the professional standard
of care applicable to a health care professional, including a
physician.
SECTION 2. This Act applies only to health care services
rendered on or after the effective date of this Act. Health care
services rendered before the effective date of this Act are
governed by the law in effect immediately before the effective date
of this Act, and that law continues in effect for that purpose.
SECTION 3. 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, 2017.