By: Klick (Senate Sponsor - Burton) H.B. No. 2886
(In the Senate - Received from the House May 10, 2017;
May 16, 2017, read first time and referred to Committee on State
Affairs; May 22, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 22, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to limiting the liability of certain health care
providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.091, Health and Safety Code, is
amended by amending Subsection (g) and adding Subsection (g-1) to
read as follows:
(g) Except as provided by Subsection (g-1), a [A] person
commits an offense if the person is a physician or other person in
attendance on a pregnant woman either during pregnancy or at
delivery and fails to perform a duty required by this section. An
offense under this section is a Class B misdemeanor.
(g-1) A physician, nurse, midwife, or other person in
attendance at childbirth who is unable to apply the prophylaxis as
required by this section due to the objection of a parent, managing
conservator, or guardian of the newborn infant does not commit an
offense under this section and is not subject to criminal, civil, or
administrative liability or any professional disciplinary action
for failure to administer the prophylaxis. The physician, nurse,
midwife, or person shall ensure that the objection of the parent,
managing conservator, or guardian is entered into the medical
record of the infant.
SECTION 2. This Act takes effect September 1, 2017.
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