Texas 2017 - 85th Regular

Texas House Bill HB2878 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5919 LED-F
2	2	By: Sanford H.B. No. 2878
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of conscientious refusal of a health care
8	8	service.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) This Act may be cited as the Texas Health
11	11	Care Right of Conscience Act.
12	12	(b) The legislature finds and declares that people and
13	13	organizations hold different beliefs about whether certain health
14	14	care services and medical care are morally acceptable. It is the
15	15	public policy of this state to:
16	16	(1) respect and protect the right of conscience of all
17	17	persons who refuse to receive, obtain, or accept, or who are engaged
18	18	in the delivery of, arrangement for, or payment of health care
19	19	services and medical care whether acting individually,
20	20	corporately, or in association with other persons;
21	21	(2) prohibit all forms of discrimination,
22	22	disqualification, coercion, disability, or imposition of liability
23	23	on those persons or entities for refusing to act contrary to their
24	24	conscience or conscientious convictions in providing, paying for,
25	25	or arranging for the payment of health care services and medical
26	26	care; and
27	27	(3) ensure that patients receive timely access to
28	28	information and medically appropriate care.
29	29	SECTION 2. Chapter 161, Health and Safety Code, is amended
30	30	by adding Subchapter Y to read as follows:
31	31	SUBCHAPTER Y. TEXAS HEALTH CARE RIGHT OF CONSCIENCE ACT
32	32	Sec. 161.751. DEFINITIONS. In this subchapter:
33	33	(1) "Conscience" means a sincerely held set of moral
34	34	convictions arising from:
35	35	(A) a belief in and relation to God; or
36	36	(B) a place in the life of its possessor parallel
37	37	to that filled by God among adherents to religious faiths.
38	38	(2) "Conscientious refusal of a health care service"
39	39	means a person's refusal to receive, obtain, perform, assist in
40	40	performing, give advice regarding, suggest, recommend, refer, or
41	41	participate in a health care service that is contrary to the
42	42	person's conscience.
43	43	(3) "Health care facility" means a public or private
44	44	organization, corporation, partnership, sole proprietorship,
45	45	association, agency, network, joint venture, or other entity that
46	46	provides health care services, including a hospital, clinic,
47	47	medical center, ambulatory surgical center, private physician's
48	48	office, pharmacy, nursing home, laboratory or diagnostic facility,
49	49	infirmary, dispensary, medical school, nursing school, or medical
50	50	training facility.
51	51	(4) "Health care provider" means a nurse, nurse aide,
52	52	medical assistant, hospital employee, clinic employee, nursing
53	53	home employee, pharmacist, pharmacy employee, researcher, medical
54	54	or nursing school student, professional, paraprofessional, or any
55	55	other individual who furnishes or assists in the furnishing of
56	56	health care services.
57	57	(5) "Health care service" means any phase of patient
58	58	medical care or treatment, including:
59	59	(A) testing, diagnosis, prognosis, ancillary
60	60	research, instruction, medication, and surgery;
61	61	(B) family planning, counseling, and referrals,
62	62	and any other advice in connection with the use or procurement of
63	63	contraceptives, sterilization, or abortion; and
64	64	(C) any other care or treatment rendered by a
65	65	health care facility, physician, or health care provider.
66	66	(6) "Physician" means a person licensed to practice
67	67	medicine in this state.
68	68	(7) "Undue delay" means an unreasonable delay that
69	69	impairs a patient's health.
70	70	Sec. 161.752. IMMUNITY OF PHYSICIANS AND HEALTH CARE
71	71	PROVIDERS. A physician or health care provider may not be held
72	72	civilly or criminally liable solely because of the physician's or
73	73	health care provider's conscientious refusal of a health care
74	74	service.
75	75	Sec. 161.753. DISCRIMINATION RELATED TO LICENSING. A
76	76	person violates this subchapter by discriminating against another
77	77	person because of the person's conscientious refusal of a health
78	78	care service, including discrimination with regard to:
79	79	(1) licensing;
80	80	(2) hiring, promoting, or transferring; and
81	81	(3) granting of staff appointments or other
82	82	privileges.
83	83	Sec. 161.754. DISCRIMINATION RELATED TO EMPLOYMENT. A
84	84	person, including a medical school or other institution that
85	85	conducts education or training programs for physicians or health
86	86	care providers, violates this subchapter by discriminating against
87	87	an applicant because of the applicant's conscientious refusal of a
88	88	health care service, including discrimination by:
89	89	(1) denying employment, admission, or participation
90	90	in a program for which an applicant is eligible;
91	91	(2) referring to conscientious refusal in an
92	92	application form;
93	93	(3) questioning an applicant regarding the applicant's
94	94	conscientious refusal of a health care service; and
95	95	(4) imposing a burden in the terms or conditions of
96	96	employment.
97	97	Sec. 161.755. DISCRIMINATION RELATED TO BENEFITS. A
98	98	person, including a public official, violates this subchapter by
99	99	discriminating against a recipient entitled to any type of aid,
100	100	assistance, or benefits because of the recipient's conscientious
101	101	refusal of a health care service, including discrimination by:
102	102	(1) denying aid, assistance, or benefits;
103	103	(2) conditioning receipt of the aid, assistance, or
104	104	benefits; or
105	105	(3) coercing or disqualifying the recipient.
106	106	Sec. 161.756. CONSCIENTIOUS REFUSAL PROTOCOL. (a) A health
107	107	care facility shall develop a written conscientious refusal
108	108	protocol describing a patient's access to care and information to
109	109	ensure that a conscientious refusal of a health care service does
110	110	not impair a patient's health. The protocol must explain the
111	111	process the health care facility will implement to address a
112	112	conscientious refusal of a health care service in a timely manner to
113	113	facilitate the patient's health care service. The protocol must, at
114	114	a minimum, require a health care facility, physician, or health
115	115	care provider to:
116	116	(1) timely inform a patient of the patient's
117	117	condition, prognosis, legal treatment options, and risks and
118	118	benefits of treatment options, consistent with accepted standards
119	119	of medical care; and
120	120	(2) provide copies of the patient's medical records to
121	121	the patient or to another health care facility, physician, or
122	122	health care provider designated by the patient in accordance with
123	123	medical privacy laws, without undue delay, if requested by the
124	124	patient or the patient's legal representative.
125	125	(b) This section does not require a health care facility,
126	126	physician, or health care provider to counsel a patient regarding a
127	127	health care service that is contrary to the conscience of the health
128	128	care facility, physician, or health care provider. The information
129	129	required by Subsection (a)(1) may be provided by a health care
130	130	facility, physician, or health care provider other than the health
131	131	care facility, physician, or health care provider with a
132	132	conscientious refusal of a health care service.
133	133	(c) A health care facility, physician, or health care
134	134	provider may not recover damages under Section 161.757 unless the
135	135	health care facility, physician, or health care provider, as
136	136	applicable, complies with the applicable health care facility's
137	137	conscientious refusal protocol developed under this section.
138	138	Sec. 161.757. VIOLATION. (a) A person who is injured by a
139	139	violation of this subchapter may bring a civil action against a
140	140	person who violates this subchapter.
141	141	(b) A person who brings an action under this section may
142	142	obtain:
143	143	(1) three times the person's actual damages, including
144	144	pain and suffering, or $2,500, whichever is greater;
145	145	(2) court costs; and
146	146	(3) reasonable attorney's fees.
147	147	(c) The civil damages authorized by this section are in
148	148	addition to any other remedy available by law.
149	149	Sec. 161.758. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.
150	150	Sovereign and governmental immunity to suit and from liability is
151	151	waived and abolished to the extent of liability created by Section
152	152	161.757. A person may sue a governmental entity for damages allowed
153	153	by that section.
154	154	Sec. 161.759. EFFECT OF PREVIOUS AGREEMENTS. This
155	155	subchapter may not be construed to exempt a person from liability
156	156	for refusal to allow or provide a particular health care service if:
157	157	(1) the person has entered into a contract
158	158	specifically to provide that health care service; or
159	159	(2) the person has accepted federal or state funds
160	160	solely and specifically conditioned on allowing or providing that
161	161	health care service.
162	162	SECTION 3. Not later than December 1, 2017, a health care
163	163	facility, as that term is defined by Section 161.751, Health and
164	164	Safety Code, as added by this Act, shall adopt a conscientious
165	165	refusal protocol required by Section 161.756, Health and Safety
166	166	Code, as added by this Act.
167	167	SECTION 4. (a) Section 161.752, Health and Safety Code, as
168	168	added by this Act, does not apply to a cause of action that accrued
169	169	before the effective date of this Act. A cause of action that
170	170	accrued before the effective date of this Act is governed by the law
171	171	applicable to the cause of action immediately before that date, and
172	172	that law is continued in effect for that purpose.
173	173	(b) Section 161.757, Health and Safety Code, as added by
174	174	this Act, applies only to a cause of action that accrues on or after
175	175	the effective date of this Act. A cause of action that accrues
176	176	before the effective date of this Act is governed by the law
177	177	applicable to the cause of action immediately before that date, and
178	178	that law is continued in effect for that purpose.
179	179	SECTION 5. This Act takes effect September 1, 2017.