| 1 | | - | By: Klick (Senate Sponsor - Burton) H.B. No. 2886 |
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| 2 | | - | (In the Senate - Received from the House May 10, 2017; |
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| 3 | | - | May 16, 2017, read first time and referred to Committee on State |
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| 4 | | - | Affairs; May 22, 2017, reported favorably by the following vote: |
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| 5 | | - | Yeas 9, Nays 0; May 22, 2017, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2886 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to limiting the liability of certain health care |
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| 12 | 6 | | providers. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Section 81.091, Health and Safety Code, is |
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| 15 | 9 | | amended by amending Subsection (g) and adding Subsection (g-1) to |
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| 16 | 10 | | read as follows: |
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| 17 | 11 | | (g) Except as provided by Subsection (g-1), a [A] person |
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| 18 | 12 | | commits an offense if the person is a physician or other person in |
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| 19 | 13 | | attendance on a pregnant woman either during pregnancy or at |
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| 20 | 14 | | delivery and fails to perform a duty required by this section. An |
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| 21 | 15 | | offense under this section is a Class B misdemeanor. |
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| 22 | 16 | | (g-1) A physician, nurse, midwife, or other person in |
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| 23 | 17 | | attendance at childbirth who is unable to apply the prophylaxis as |
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| 24 | 18 | | required by this section due to the objection of a parent, managing |
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| 25 | 19 | | conservator, or guardian of the newborn infant does not commit an |
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| 26 | 20 | | offense under this section and is not subject to criminal, civil, or |
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| 27 | 21 | | administrative liability or any professional disciplinary action |
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| 28 | 22 | | for failure to administer the prophylaxis. The physician, nurse, |
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| 29 | 23 | | midwife, or person shall ensure that the objection of the parent, |
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| 30 | 24 | | managing conservator, or guardian is entered into the medical |
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| 31 | 25 | | record of the infant. |
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| 32 | 26 | | SECTION 2. This Act takes effect September 1, 2017. |
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| 33 | | - | * * * * * |
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| 27 | + | ______________________________ ______________________________ |
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| 28 | + | President of the Senate Speaker of the House |
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| 29 | + | I certify that H.B. No. 2886 was passed by the House on May 9, |
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| 30 | + | 2017, by the following vote: Yeas 145, Nays 0, 2 present, not |
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| 31 | + | voting. |
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| 32 | + | ______________________________ |
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| 33 | + | Chief Clerk of the House |
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| 34 | + | I certify that H.B. No. 2886 was passed by the Senate on May |
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| 35 | + | 24, 2017, by the following vote: Yeas 31, Nays 0. |
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| 36 | + | ______________________________ |
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| 37 | + | Secretary of the Senate |
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| 38 | + | APPROVED: _____________________ |
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| 39 | + | Date |
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| 40 | + | _____________________ |
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| 41 | + | Governor |
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