Texas 2017 - 85th Regular

Texas House Bill HB4260 Latest Draft

Bill / Introduced Version Filed 03/13/2017

                            By: Farrar H.B. No. 4260


 A BILL TO BE ENTITLED
 AN ACT
 relating to the regulation of men's health and safety; creating a
 civil penalty for unregulated masturbatory emissions.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is
 amended by adding Chapter 173 to read as follows:
 Sec. 173.001.  SHORT TITLE. This chapter may be called the
 Man's Right to Know Act.
 Sec. 173.002.  PURPOSE. The purpose of this chapter is to
 express the state's interest in promoting men's health; ensure
 Texas men experience safe and healthy elective vasectomies, Viagra
 utilizations, colonoscopies procedures, and men's health
 experiences; ensure a doctor's right to invoke their personal,
 moralistic, or religious beliefs in refusing to perform an elective
 vasectomy or prescribe Viagra; and promote fully-abstinent sexual
 relations or occasional masturbatory emissions inside health care
 and medical facilities, as a means of the healthiest way to ensure
 men's health.
 Sec. 173.003.  INFORMATIONAL MATERIALS. The Department of
 State Health Services shall create and distribute informational
 materials containing information reflecting the requirements and
 legislative intent in this Chapter. The Department shall entitle
 the information materials "A Man's Right to Know." The Department
 shall establish rules and procedures for the creation and
 distribution of the informational materials that exactly follow the
 rules and procedures of the informational booklet entitled "A
 Woman's Right To Know." The booklet will contain scientific
 information that must be verified and supported by research that is
 recognized as medically accurate, objective, and complete by the
 National Institutes of Health and affiliated organizations. The
 booklet must contain medical information related to the benefits
 and concerns of a man seeking a vasectomy, Viagra prescription, or a
 colonoscopy. The booklet must contain artistic illustrations of
 each procedure.
 Sec. 173.004.  PROHIBITED CAUSES OF ACTION. A cause of
 action may not arise, and damages may not be awarded, on behalf of
 any person based on the claim their doctor refused to perform a
 vasectomy procedure, prescribe Viagra, perform a colonoscopy, or
 withheld any other men's health procedure due to their personal,
 moralistic, or religious beliefs.  This section may not be
 construed to eliminate any duty of a physician or other health care
 practitioner under any other applicable law.
 Sec. 173.005.  VIEWING PRINTED MATERIALS; HEARING VERBAL
 EXPLANATION. An attending physician must verbally review the
 informational booklet entitled "A Man's Right To Know" with every
 male patient seeking a vasectomy, Viagra prescription, or
 colonoscopy.
 Sec. 173.006.  INFORMED CONSENT REQUIRED. A person may not
 perform an elective vasectomy, prescribe Viagra, or perform a
 colonoscopy procedure without the voluntary and informed consent of
 the man on whom the elective vasectomy or colonoscopy procedure is
 to be performed, or Viagra is to be prescribed.
 Sec. 173.007.  VOLUNTARY AND INFORMED CONSENT. Consent to
 an elective vasectomy or colonoscopy procedure, or a prescription
 of Viagra is voluntary and informed only if at least 24 hours have
 passed since the initial health care consultation for the procedure
 or prescription.
 Sec. 173.008.  HOSPITAL MASTURBATORY ASSISTANCE REGISTRY.
 The Department must establish and maintain a registry of private
 nonprofit organizations and hospitals that register with the
 department to provide fully-abstinent encouragement counseling,
 supervising physicians for masturbatory emissions, and storage for
 the semen. Costs will be absorbed by the hospital or contributing
 private nonprofits.
 Sec. 173.009.  SONOGRAM ELECTION. An attending physician
 must administer a medically-unnecessary digital rectal exam and
 magnetic resonance imagining of the rectum before administering an
 elective vasectomy or colonoscopy procedure, or prescribing
 Viagra. This digital rectal exam and rectal sonogram must take
 place during the initial health care consultation before an
 elective vasectomy is performed, a prescription is given for
 Viagra, or a colonoscopy is performed.
 Sec. 173.010.  FINES RELATED TO MASTURBATORY EMISSIONS.
 Masturbatory emissions created in health or medical facilities will
 be stored for the purposes of conception for a current or future
 wife.
 (a)  Emissions outside of a woman's vagina, or created
 outside of a health or medical facility, will be charged a $100
 civil penalty for each emission, and will be considered an act
 against an unborn child, and failing to preserve the sanctity of
 life.
 (b)  Penalties collected under this section will be
 deposited in a fund established by the Department of Family and
 Protective Services for the purpose of the care and services
 provided to children in the conservatorship of the Department of
 Family Protective Services in order to assist in the assertion of
 the importance of the sanctity of life.
 SECTION 2.  (a) By not later than December 1, 2017, the
 Department of State Health Services shall make the materials
 required in this Chapter available for distribution.
 SECTION 3.  This Act takes effect September 1, 2017.