Texas 2019 - 86th Regular

Texas House Bill HB3017 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R16849~~ EAS-D
	1	+	86R13820 EAS-D
2	2		By: Ramos H.B. No. 3017
3		-	Substitute the following for H.B. No. 3017:
4		-	By: Ortega C.S.H.B. No. 3017
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to ~~the requirements for conducting a~~ pelvic ~~examination~~;
10		-	~~authorizing~~ disciplinary action.
	7	+	relating to nonconsensual pelvic examinations; authorizing
	8	+	disciplinary action.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
13	11		amended by adding Chapter 167A to read as follows:
14		-	CHAPTER 167A. PELVIC EXAMINATIONS
15		-	Sec. 167A.001. CERTAIN PELVIC EXAMINATIONS PROHIBITED. A
16		-	health care practitioner, including a physician, physician
17		-	assistant, or advanced practice registered nurse, who is licensed
18		-	to practice in this state may not perform, or instruct any other
19		-	person to perform, a pelvic examination on a patient unless:
20		-	(1) the patient or the patient's legally authorized
21		-	representative provides informed consent for the pelvic
22		-	examination;
23		-	(2) the pelvic examination meets the standard of care
24		-	for diagnosing or treating the patient's medical condition; or
25		-	(3) if the patient is unconscious, the pelvic
26		-	examination is required for diagnosis or treatment of the patient's
27		-	medical condition.
	12	+	CHAPTER 167A. NONCONSENSUAL PELVIC EXAMINATIONS
	13	+	Sec. 167A.001. NONCONSENSUAL PELVIC EXAMINATIONS
	14	+	PROHIBITED. A health care practitioner, including a physician,
	15	+	physician assistant, or advanced practice registered nurse, who is
	16	+	licensed to practice in this state may not perform, or instruct any
	17	+	other person to perform, a nonconsensual pelvic examination on a
	18	+	patient unless the practitioner has a legitimate medical reason for
	19	+	conducting the examination.
28	20		Sec. 167A.002. DISCIPLINARY ACTION. A health care
29	21		practitioner who violates Section 167A.001 is subject to
30	22		disciplinary action by the state regulatory agency that issued a
31	23		license to the practitioner, including the imposition of an
32	24		administrative penalty.
33	25		SECTION 2. Section 164.052(a), Occupations Code, is amended
34	26		to read as follows:
35	27		(a) A physician or an applicant for a license to practice
36	28		medicine commits a prohibited practice if that person:
37	29		(1) submits to the board a false or misleading
38	30		statement, document, or certificate in an application for a
39	31		license;
40	32		(2) presents to the board a license, certificate, or
41	33		diploma that was illegally or fraudulently obtained;
42	34		(3) commits fraud or deception in taking or passing an
43	35		examination;
44	36		(4) uses alcohol or drugs in an intemperate manner
45	37		that, in the board's opinion, could endanger a patient's life;
46	38		(5) commits unprofessional or dishonorable conduct
47	39		that is likely to deceive or defraud the public, as provided by
48	40		Section 164.053, or injure the public;
49	41		(6) uses an advertising statement that is false,
50	42		misleading, or deceptive;
51	43		(7) advertises professional superiority or the
52	44		performance of professional service in a superior manner if that
53	45		advertising is not readily subject to verification;
54	46		(8) purchases, sells, barters, or uses, or offers to
55	47		purchase, sell, barter, or use, a medical degree, license,
56	48		certificate, or diploma, or a transcript of a license, certificate,
57	49		or diploma in or incident to an application to the board for a
58	50		license to practice medicine;
59	51		(9) alters, with fraudulent intent, a medical license,
60	52		certificate, or diploma, or a transcript of a medical license,
61	53		certificate, or diploma;
62	54		(10) uses a medical license, certificate, or diploma,
63	55		or a transcript of a medical license, certificate, or diploma that
64	56		has been:
65	57		(A) fraudulently purchased or issued;
66	58		(B) counterfeited; or
67	59		(C) materially altered;
68	60		(11) impersonates or acts as proxy for another person
69	61		in an examination required by this subtitle for a medical license;
70	62		(12) engages in conduct that subverts or attempts to
71	63		subvert an examination process required by this subtitle for a
72	64		medical license;
73	65		(13) impersonates a physician or permits another to
74	66		use the person's license or certificate to practice medicine in
75	67		this state;
76	68		(14) directly or indirectly employs a person whose
77	69		license to practice medicine has been suspended, canceled, or
78	70		revoked;
79	71		(15) associates in the practice of medicine with a
80	72		person:
81	73		(A) whose license to practice medicine has been
82	74		suspended, canceled, or revoked; or
83	75		(B) who has been convicted of the unlawful
84	76		practice of medicine in this state or elsewhere;
85	77		(16) performs or procures a criminal abortion, aids or
86	78		abets in the procuring of a criminal abortion, attempts to perform
87	79		or procure a criminal abortion, or attempts to aid or abet the
88	80		performance or procurement of a criminal abortion;
89	81		(17) directly or indirectly aids or abets the practice
90	82		of medicine by a person, partnership, association, or corporation
91	83		that is not licensed to practice medicine by the board;
92	84		(18) performs an abortion on a woman who is pregnant
93	85		with a viable unborn child during the third trimester of the
94	86		pregnancy unless:
95	87		(A) the abortion is necessary to prevent the
96	88		death of the woman;
97	89		(B) the viable unborn child has a severe,
98	90		irreversible brain impairment; or
99	91		(C) the woman is diagnosed with a significant
100	92		likelihood of suffering imminent severe, irreversible brain damage
101	93		or imminent severe, irreversible paralysis;
102	94		(19) performs an abortion on an unemancipated minor
103	95		without the written consent of the child's parent, managing
104	96		conservator, or legal guardian or without a court order, as
105	97		provided by Section 33.003 or 33.004, Family Code, unless the
106	98		abortion is necessary due to a medical emergency, as defined by
107	99		Section 171.002, Health and Safety Code;
108	100		(20) otherwise performs an abortion on an
109	101		unemancipated minor in violation of Chapter 33, Family Code; [or]
110	102		(21) performs or induces or attempts to perform or
111	103		induce an abortion in violation of Subchapter C, F, or G, Chapter
112	104		171, Health and Safety Code; or
113		-	(22) performs a pelvic examination in ~~violation of~~
114		-	Section 167A.001, Health and Safety Code.
	105	+	(22) performs a nonconsensual pelvic examination in
	106	+	violation of Section 167A.001, Health and Safety Code.
115	107		SECTION 3. The changes in law made by this Act apply only to
116		-	a pelvic examination performed on or after the ~~effective date of~~
117		-	this Act. A pelvic examination ~~performed before the effective date~~
118		-	of this Act is governed by the ~~law in effect when the pelvic~~
119		-	examination occurred, ~~and the former law is continued in effect for~~
120		-	that purpose.
	108	+	a nonconsensual pelvic examination performed on or after the
	109	+	effective date of this Act. A nonconsensual pelvic examination
	110	+	performed before the effective date of this Act is governed by the
	111	+	law in effect when the nonconsensual pelvic examination occurred,
	112	+	and the former law is continued in effect for that purpose.
121	113		SECTION 4. This Act takes effect September 1, 2019.