85R21377 KKR-F
By: Klick H.B. No. 2886
Substitute the following for H.B. No. 2886:
By: Price C.S.H.B. No. 2886
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.