Texas 2021 - 87th Regular

Texas House Bill HB1399 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R5743 JG-D
2		-	By: Krause, Oliverson, Hefner, Parker, H.B. No. 1399
3		-	et al.
	2	+	By: Krause H.B. No. 1399
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to professional liability insurance coverage for and
9	8		prohibitions on the provision to certain children of procedures and
10	9		treatments for gender transitioning, gender reassignment, or
11	10		gender dysphoria.
12	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	12		SECTION 1. Chapter 161, Health and Safety Code, is amended
14	13		by adding Subchapter X to read as follows:
15	14		SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT
16	15		PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
17	16		Sec. 161.701. DEFINITIONS. In this subchapter:
18	17		(1) "Child" means an individual who is younger than 18
19	18		years of age.
20	19		(2) "Health care provider" means a person other than a
21	20		physician who is licensed, certified, or otherwise authorized by
22	21		the laws of this state to provide or render health care or to
23	22		dispense or prescribe a prescription drug in the ordinary course of
24	23		business or practice of a profession.
25	24		(3) "Physician" means a person licensed to practice
26	25		medicine in this state.
27	26		Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
28	27		OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
29	28		CHILDREN. For the purpose of transitioning a child's biological
30	29		sex as determined by the sex organs, chromosomes, and endogenous
31	30		profiles of the child or affirming the child's perception of the
32	31		child's sex if that perception is inconsistent with the child's
33	32		biological sex, a physician or other health care provider may not:
34	33		(1) perform a surgery that sterilizes the child,
35	34		including:
36	35		(A) castration;
37	36		(B) vasectomy;
38	37		(C) hysterectomy;
39	38		(D) oophorectomy;
40	39		(E) metoidioplasty;
41	40		(F) orchiectomy;
42	41		(G) penectomy;
43	42		(H) phalloplasty; and
44	43		(I) vaginoplasty;
45	44		(2) perform a mastectomy;
46	45		(3) provide, administer, prescribe, or dispense any of
47	46		the following prescription drugs that induce transient or permanent
48	47		infertility:
49	48		(A) puberty suppression or blocking prescription
50	49		drugs to stop or delay normal puberty;
51	50		(B) supraphysiologic doses of testosterone to
52	51		females; or
53	52		(C) supraphysiologic doses of estrogen to males;
54	53		or
55	54		(4) remove any otherwise healthy or non-diseased body
56	55		part or tissue.
57	56		Sec. 161.703. EXCEPTIONS. The prohibitions under Section
58	57		161.702 do not apply to the provision by a physician or other health
59	58		care provider, with the consent of the child's parent or legal
60	59		guardian, of appropriate and medically necessary gender
61	60		transitioning or gender reassignment procedures or treatments to a
62	61		child who:
63	62		(1) is born with a medically verifiable genetic
64	63		disorder of sex development, including:
65	64		(A) 46, XX chromosomes with virilization;
66	65		(B) 46, XY chromosomes with undervirilization;
67	66		or
68	67		(C) both ovarian and testicular tissue; or
69	68		(2) does not have the normal sex chromosome structure
70	69		for male or female as determined by a physician through genetic
71	70		testing.
72	71		SECTION 2. Subchapter F, Chapter 1901, Insurance Code, is
73	72		amended by adding Section 1901.256 to read as follows:
74	73		Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN
75	74		GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A
76	75		professional liability insurance policy issued to a physician or
77	76		health care provider may not include coverage for damages assessed
78	77		against the physician or health care provider who provides to a
79	78		child gender transitioning or gender reassignment procedures or
80	79		treatments that are prohibited by Section 161.702, Health and
81	80		Safety Code.
82	81		SECTION 3. Section 164.052, Occupations Code, is amended by
83	82		amending Subsection (a) and adding Subsection (d) to read as
84	83		follows:
85	84		(a) A physician or an applicant for a license to practice
86	85		medicine commits a prohibited practice if that person:
87	86		(1) submits to the board a false or misleading
88	87		statement, document, or certificate in an application for a
89	88		license;
90	89		(2) presents to the board a license, certificate, or
91	90		diploma that was illegally or fraudulently obtained;
92	91		(3) commits fraud or deception in taking or passing an
93	92		examination;
94	93		(4) uses alcohol or drugs in an intemperate manner
95	94		that, in the board's opinion, could endanger a patient's life;
96	95		(5) commits unprofessional or dishonorable conduct
97	96		that is likely to deceive or defraud the public, as provided by
98	97		Section 164.053, or injure the public;
99	98		(6) uses an advertising statement that is false,
100	99		misleading, or deceptive;
101	100		(7) advertises professional superiority or the
102	101		performance of professional service in a superior manner if that
103	102		advertising is not readily subject to verification;
104	103		(8) purchases, sells, barters, or uses, or offers to
105	104		purchase, sell, barter, or use, a medical degree, license,
106	105		certificate, or diploma, or a transcript of a license, certificate,
107	106		or diploma in or incident to an application to the board for a
108	107		license to practice medicine;
109	108		(9) alters, with fraudulent intent, a medical license,
110	109		certificate, or diploma, or a transcript of a medical license,
111	110		certificate, or diploma;
112	111		(10) uses a medical license, certificate, or diploma,
113	112		or a transcript of a medical license, certificate, or diploma that
114	113		has been:
115	114		(A) fraudulently purchased or issued;
116	115		(B) counterfeited; or
117	116		(C) materially altered;
118	117		(11) impersonates or acts as proxy for another person
119	118		in an examination required by this subtitle for a medical license;
120	119		(12) engages in conduct that subverts or attempts to
121	120		subvert an examination process required by this subtitle for a
122	121		medical license;
123	122		(13) impersonates a physician or permits another to
124	123		use the person's license or certificate to practice medicine in
125	124		this state;
126	125		(14) directly or indirectly employs a person whose
127	126		license to practice medicine has been suspended, canceled, or
128	127		revoked;
129	128		(15) associates in the practice of medicine with a
130	129		person:
131	130		(A) whose license to practice medicine has been
132	131		suspended, canceled, or revoked; or
133	132		(B) who has been convicted of the unlawful
134	133		practice of medicine in this state or elsewhere;
135	134		(16) performs or procures a criminal abortion, aids or
136	135		abets in the procuring of a criminal abortion, attempts to perform
137	136		or procure a criminal abortion, or attempts to aid or abet the
138	137		performance or procurement of a criminal abortion;
139	138		(17) directly or indirectly aids or abets the practice
140	139		of medicine by a person, partnership, association, or corporation
141	140		that is not licensed to practice medicine by the board;
142	141		(18) performs an abortion on a woman who is pregnant
143	142		with a viable unborn child during the third trimester of the
144	143		pregnancy unless:
145	144		(A) the abortion is necessary to prevent the
146	145		death of the woman;
147	146		(B) the viable unborn child has a severe,
148	147		irreversible brain impairment; or
149	148		(C) the woman is diagnosed with a significant
150	149		likelihood of suffering imminent severe, irreversible brain damage
151	150		or imminent severe, irreversible paralysis;
152	151		(19) performs an abortion on an unemancipated minor
153	152		without the written consent of the child's parent, managing
154	153		conservator, or legal guardian or without a court order, as
155	154		provided by Section 33.003 or 33.004, Family Code, unless the
156	155		abortion is necessary due to a medical emergency, as defined by
157	156		Section 171.002, Health and Safety Code;
158	157		(20) otherwise performs an abortion on an
159	158		unemancipated minor in violation of Chapter 33, Family Code;
160	159		(21) performs or induces or attempts to perform or
161	160		induce an abortion in violation of Subchapter C, F, or G, Chapter
162	161		171, Health and Safety Code; [or]
163	162		(22) in complying with the procedures outlined in
164	163		Sections 166.045 and 166.046, Health and Safety Code, wilfully
165	164		fails to make a reasonable effort to transfer a patient to a
166	165		physician who is willing to comply with a directive; or
167	166		(23) for the purpose of facilitating the gender
168	167		transition or treating the gender dysphoria of an unemancipated
169	168		minor:
170	169		(A) provides, administers, prescribes, or
171	170		dispenses a puberty suppression or blocking prescription drug or
172	171		cross-sex hormone to the minor, including by writing a false or
173	172		fictitious prescription; or
174	173		(B) performs or attempts to perform a surgical
175	174		intervention on the minor.
176	175		(d) Notwithstanding Subsection (a)(23), a physician or
177	176		applicant for a license to practice medicine does not commit a
178	177		prohibited practice if the physician or applicant provides a
179	178		puberty suppression or blocking prescription drug to an
180	179		unemancipated minor for the purpose of normalizing puberty for a
181	180		minor experiencing precocious puberty.
182	181		SECTION 4. Section 1901.256, Insurance Code, as added by
183	182		this Act, applies only to a medical professional liability
184	183		insurance policy that is delivered, issued for delivery, or renewed
185	184		on or after January 1, 2022. An insurance policy that is delivered,
186	185		issued for delivery, or renewed before January 1, 2022, is governed
187	186		by the law in effect immediately before the effective date of this
188	187		Act, and that law is continued in effect for that purpose.
189	188		SECTION 5. Section 164.052, Occupations Code, as amended by
190	189		this Act, applies only to conduct that occurs on or after the
191	190		effective date of this Act. Conduct that occurs before the
192	191		effective date of this Act is governed by the law in effect on the
193	192		date the conduct occurred, and the former law is continued in effect
194	193		for that purpose.
195	194		SECTION 6. This Act takes effect September 1, 2021.