Texas 2019 - 86th Regular

Texas House Bill HB2892 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9840 SRA-D
2	2	By: Oliverson H.B. No. 2892
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of conscientious refusal of a health care
8	8	service.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 161, Health and Safety Code, is amended
11	11	by adding Subchapter X to read as follows:
12	12	SUBCHAPTER X. TEXAS HEALTH CARE RIGHT OF CONSCIENCE ACT
13	13	Sec. 161.701. DEFINITIONS. In this subchapter:
14	14	(1) "Conscience" means a sincerely held set of moral
15	15	convictions arising from:
16	16	(A) a belief in and relation to God;
17	17	(B) a religious faith or spiritual practice; or
18	18	(C) a moral philosophy or ethical position,
19	19	without regard to whether the philosophy or position is related to a
20	20	religious faith.
21	21	(2) "Health care facility" means a public or private
22	22	organization, corporation, partnership, sole proprietorship,
23	23	association, agency, network, joint venture, or other entity that
24	24	provides health care services, including a hospital, clinic,
25	25	medical center, ambulatory surgical center, private physician's
26	26	office, pharmacy, nursing home, laboratory or diagnostic facility,
27	27	infirmary, dispensary, medical school, nursing school, or medical
28	28	training facility.
29	29	(3) "Health care provider" means a nurse, nurse aide,
30	30	medical assistant, hospital employee, clinic employee, nursing
31	31	home employee, pharmacist, pharmacy employee, researcher, medical
32	32	or nursing school student, professional, paraprofessional, or,
33	33	without regard to whether the individual holds a license, any other
34	34	individual who furnishes or assists in the furnishing of a health
35	35	care service.
36	36	(4) "Health care service" means any phase of patient
37	37	health care or treatment, including any conduct that may give rise
38	38	to a health care liability claim, as that term is defined by Section
39	39	74.001, Civil Practice and Remedies Code. The term includes:
40	40	(A) testing, diagnosis, prognosis, ancillary
41	41	research, instruction, medication, and surgery;
42	42	(B) family planning, counseling, and referrals,
43	43	and any other advice in connection with the use or procurement of
44	44	contraceptives, sterilization, or abortion; and
45	45	(C) any other care or treatment rendered by a
46	46	health care facility, physician, or health care provider.
47	47	(5) "Physician" means an individual licensed to
48	48	practice medicine in this state.
49	49	(6) "Undue delay" means an unreasonable delay that
50	50	impairs a patient's health.
51	51	Sec. 161.702. CONSCIENTIOUS REFUSAL OF HEALTH CARE SERVICE
52	52	DEFINED; LIFE-SUSTAINING TREATMENT; HEALTH CARE OR TREATMENT
53	53	DECISION. (a) Subject to Subsection (b), in this chapter,
54	54	"conscientious refusal of a health care service" means an
55	55	individual's refusal to receive, obtain, perform, assist in
56	56	performing, give advice regarding, suggest, recommend, refer, or
57	57	participate in a health care service that is contrary to the
58	58	individual's conscience.
59	59	(b) Chapter 166 governs the required provision of, and the
60	60	withholding or withdrawing of, life-sustaining treatment, as that
61	61	term is defined by Section 166.002. A conscientious refusal of a
62	62	health care service does not include, and may not be construed to
63	63	include:
64	64	(1) an individual's refusal to provide or refusal to
65	65	assist in providing life-sustaining treatment subject to Chapter
66	66	166; or
67	67	(2) a patient's advance directive or a health care or
68	68	treatment decision made by or on behalf of a patient that is subject
69	69	to Section 166.046.
70	70	Sec. 161.703. IMMUNITY OF PHYSICIANS AND HEALTH CARE
71	71	PROVIDERS. A physician or health care provider may not be held
72	72	civilly or criminally liable in part because of the physician's or
73	73	health care provider's conscientious refusal of a health care
74	74	service.
75	75	Sec. 161.704. ADVERSE ACTION RELATED TO LICENSING. A
76	76	person violates this subchapter by taking an adverse action against
77	77	an individual because of the individual's conscientious refusal of
78	78	a health care service, including taking an adverse action with
79	79	regard to:
80	80	(1) licensing;
81	81	(2) employment terms or status or hiring, promoting,
82	82	or transferring; and
83	83	(3) granting of staff appointments or other
84	84	privileges.
85	85	Sec. 161.705. ADVERSE ACTION RELATED TO EMPLOYMENT. A
86	86	person, including a medical school or other institution that
87	87	conducts education or training programs for physicians or health
88	88	care providers, violates this subchapter by taking an adverse
89	89	action against an applicant because of the applicant's
90	90	conscientious refusal of a health care service, including taking an
91	91	adverse action by:
92	92	(1) denying employment, admission, or participation
93	93	in a program for which an applicant is eligible;
94	94	(2) referring to conscientious refusal in an
95	95	application form;
96	96	(3) questioning an applicant regarding the applicant's
97	97	conscientious refusal of a health care service; and
98	98	(4) imposing a burden in the terms or conditions of
99	99	employment.
100	100	Sec. 161.706. ADVERSE ACTION RELATED TO BENEFITS. A
101	101	person, including a public official, violates this subchapter by
102	102	taking an adverse action against a recipient entitled to any type of
103	103	aid, assistance, or benefits because of the recipient's
104	104	conscientious refusal of a health care service, including taking an
105	105	adverse action by:
106	106	(1) denying aid, assistance, or benefits;
107	107	(2) conditioning receipt of the aid, assistance, or
108	108	benefits; or
109	109	(3) coercing or disqualifying the recipient.
110	110	Sec. 161.707. CONSCIENTIOUS REFUSAL PROTOCOL. (a) A
111	111	health care facility shall develop a written conscientious refusal
112	112	protocol describing a patient's access to care and information to
113	113	ensure that a conscientious refusal of a health care service does
114	114	not permanently or substantially prevent a patient from obtaining
115	115	the health care service. The protocol must explain the process the
116	116	health care facility will implement to address a conscientious
117	117	refusal of a health care service in a timely manner to facilitate
118	118	the patient's health care service through the health care facility
119	119	or another health care facility. The protocol must, at a minimum,
120	120	require a health care facility, physician, or health care provider
121	121	to:
122	122	(1) timely inform a patient of the patient's
123	123	condition, prognosis, legal treatment options, and risks and
124	124	benefits of treatment options, consistent with accepted standards
125	125	of health care;
126	126	(2) provide copies of the patient's medical records to
127	127	the patient or to another health care facility, physician, or
128	128	health care provider designated by the patient in accordance with
129	129	medical privacy laws, without undue delay, if requested by the
130	130	patient or the patient's legal representative; and
131	131	(3) take any other action necessary to transfer the
132	132	patient to another health care facility.
133	133	(b) The protocol must clearly differentiate between a
134	134	health care service to which this chapter applies and a
135	135	life-sustaining treatment governed by Chapter 166.
136	136	(c) This section does not require a health care facility,
137	137	physician, or health care provider to counsel a patient regarding a
138	138	health care service that is contrary to the conscience of the
139	139	physician or health care provider. The information required by
140	140	Subsection (a)(1) may be provided by a health care facility,
141	141	physician, or health care provider other than the physician or
142	142	health care provider with a conscientious refusal of a health care
143	143	service.
144	144	(d) A physician or health care provider may not file a
145	145	complaint with the appropriate licensing agency under Section
146	146	161.708 unless the physician or health care provider, as
147	147	applicable, complies with the applicable health care facility's
148	148	conscientious refusal protocol developed under this section.
149	149	Sec. 161.708. DISCIPLINARY ACTION; COMPLAINT. (a) A
150	150	health care facility, physician, or health care provider that holds
151	151	a license issued by a licensing agency in this state is subject to
152	152	review and disciplinary action by the licensing agency for a
153	153	violation of this subchapter.
154	154	(b) A person who is injured by a violation of this
155	155	subchapter may file a complaint with the licensing agency that
156	156	issued a license to the health care facility, physician, or health
157	157	care provider that allegedly violated this subchapter.
158	158	SECTION 2. Not later than December 1, 2019, a health care
159	159	facility, as that term is defined by Section 161.701, Health and
160	160	Safety Code, as added by this Act, shall adopt a conscientious
161	161	refusal protocol required by Section 161.707, Health and Safety
162	162	Code, as added by this Act.
163	163	SECTION 3. Section 161.703, Health and Safety Code, as
164	164	added by this Act, applies only to a cause of action that accrues on
165	165	or after the effective date of this Act.
166	166	SECTION 4. This Act takes effect September 1, 2019.