By: Kolkhorst S.B. No. 2150
(In the Senate - Filed March 8, 2019; March 21, 2019, read
first time and referred to Committee on Health & Human Services;
April 1, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 1, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2150 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain information on maternal
mortality to the Department of State Health Services and the
confidentiality of that information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 34.001, Health and Safety Code, is
amended by adding Subdivisions (11-a) and (12-a) and amending
Subdivisions (12) and (14) to read as follows:
(11-a) "Pregnancy-associated death" means the death
of a woman by any cause that occurs during or within one year of
delivery or end of pregnancy, regardless of the outcome or location
of the pregnancy.
(12) "Pregnancy-related death" means the death of a
woman while pregnant or within one year of delivery or end of
pregnancy, regardless of the outcome, duration, or location [and
site] of the pregnancy, from any cause related to or aggravated by
the pregnancy or its management, but not from accidental or
incidental causes.
(12-a) "Review committee" means the Maternal Mortality
and Morbidity Review Committee.
(14) "Task force" means the review committee [Maternal
Mortality and Morbidity Task Force].
SECTION 2. The heading to Section 34.002, Health and Safety
Code, is amended to read as follows:
Sec. 34.002. MATERNAL MORTALITY AND MORBIDITY REVIEW
COMMITTEE; REFERENCE IN LAW [TASK FORCE].
SECTION 3. Section 34.002, Health and Safety Code, is
amended by amending Subsections (a) and (e) and adding Subsection
(a-1) to read as follows:
(a) The Maternal Mortality and Morbidity Review Committee
[Task Force] is administered by the department.
(a-1) Notwithstanding any other law, a reference in this
chapter or other law to the Maternal Mortality and Morbidity Task
Force means the Maternal Mortality and Morbidity Review Committee.
(e) A member of the task force appointed under Subsection
(b)(1) is not entitled to compensation for service on the task force
but, subject to Section 34.014(b), may be reimbursed [or
reimbursement] for travel or other expenses incurred by the member
while conducting the business of the task force.
SECTION 4. Section 34.009(a), Health and Safety Code, is
amended to read as follows:
(a) Any information pertaining to a pregnancy-associated
death, a pregnancy-related death, or severe maternal morbidity is
confidential for purposes of this chapter.
SECTION 5. Section 34.014, Health and Safety Code, is
amended to read as follows:
Sec. 34.014. FUNDING. (a) The department may accept gifts
and grants from any source to fund the duties of the department and
the task force under this chapter.
(b) The department may use only gifts, grants, or federal
funds to reimburse travel or other expenses incurred by a member of
the task force in accordance with Section 34.002(e).
SECTION 6. Section 34.008, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) For purposes of this chapter, a licensed health care
provider, including a nurse, who is involved in obtaining
information relevant to a case of pregnancy-associated death,
pregnancy-related death, or severe maternal morbidity under this
chapter and who is required under other law to report a violation
related to the provider's profession is exempt from the requirement
to report the violation for information obtained under this
chapter.
SECTION 7. Section 34.017, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) The department may allow voluntary and confidential
reporting to the department of pregnancy-associated deaths and
pregnancy-related deaths by health care professionals, health care
facilities, and persons who complete the medical certification for
a death certificate for deaths reviewed or analyzed by the review
committee.
(d) The department shall allow voluntary and confidential
reporting to the department of pregnancy-associated deaths and
pregnancy-related deaths by family members of or other appropriate
individuals associated with a deceased patient. The department
shall:
(1) post on the department's Internet website the
contact information of the person to whom a report may be submitted
under this subsection; and
(2) conduct outreach to local health organizations on
the availability of the review committee to review and analyze the
deaths.
(e) Information reported to the department under this
section is confidential in accordance with Section 34.009.
SECTION 8. This Act takes effect September 1, 2019.
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