By: Hughes S.B. No. 1157
A BILL TO BE ENTITLED
AN ACT
relating to limiting the liability of certain healthcare 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 due
to the objection of the parents, managing conservator, or guardian
of the newborn does not commit an offense under this section and may
not be prosecuted for failure to administer the prophylaxis as
required by this section. The physician, nurse, midwife, or other
person in attendance at childbirth shall ensure that the objection
of the parent, managing conservator, or guardian is entered into
the medical record of the child. The parent, managing conservator,
or guardian shall sign the entry.
SECTION 2. This Act takes effect September 1, 2017.