| 1 | 1 | | By: Hughes S.B. No. 1157 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to limiting the liability of certain healthcare providers. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 81.091, Health and Safety Code, is |
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| 9 | 9 | | amended by amending Subsection (g) and adding Subsection (g-1) to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (g) Except as provided by Subsection (g-1), a [A] person |
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| 12 | 12 | | commits an offense if the person is a physician or other person in |
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| 13 | 13 | | attendance on a pregnant woman either during pregnancy or at |
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| 14 | 14 | | delivery and fails to perform a duty required by this section. An |
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| 15 | 15 | | offense under this section is a Class B misdemeanor. |
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| 16 | 16 | | (g-1) A physician, nurse, midwife, or other person in |
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| 17 | 17 | | attendance at childbirth who is unable to apply the prophylaxis due |
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| 18 | 18 | | to the objection of the parents, managing conservator, or guardian |
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| 19 | 19 | | of the newborn does not commit an offense under this section and may |
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| 20 | 20 | | not be prosecuted for failure to administer the prophylaxis as |
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| 21 | 21 | | required by this section. The physician, nurse, midwife, or other |
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| 22 | 22 | | person in attendance at childbirth shall ensure that the objection |
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| 23 | 23 | | of the parent, managing conservator, or guardian is entered into |
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| 24 | 24 | | the medical record of the child. The parent, managing conservator, |
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| 25 | 25 | | or guardian shall sign the entry. |
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| 26 | 26 | | SECTION 2. This Act takes effect September 1, 2017. |
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