TX
Texas House Bill HB1424

Texas 2021 - 87th Regular

Texas House Bill HB1424 Compare Versions

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1-87R20640 SRA-D
2- By: Oliverson, Klick, Krause, Rogers, Jetton, H.B. No. 1424
3- et al.
4- Substitute the following for H.B. No. 1424:
5- By: Klick C.S.H.B. No. 1424
1+87R1509 SCL-D
2+ By: Oliverson H.B. No. 1424
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
10- relating to protection of persons from participation in a health
11- care service for reasons of conscience; providing a civil remedy;
12- authorizing disciplinary action.
7+ relating to a health care provider's right to object to
8+ participation in a medical procedure that violates the provider's
9+ ethical, moral, or religious beliefs.
1310 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14- SECTION 1. The legislature finds that:
15- (1) the public policy of this state is to respect the
16- conscience of all health care providers and the right of each health
17- care provider to hold their own belief about whether certain health
18- care services are morally acceptable;
19- (2) without comprehensive protections, the conscience
20- of health care providers may be violated; and
21- (3) each health care provider must be protected from
22- required participation in a health care service in which the
23- provider has declined participation for reasons of conscience and
24- from discriminatory adverse action resulting from the
25- nonparticipation.
26- SECTION 2. Chapter 161, Health and Safety Code, is amended
27- by adding Subchapter X to read as follows:
28- SUBCHAPTER X. TEXAS HEALTH CARE CONSCIENCE PROTECTION ACT
29- Sec. 161.701. DEFINITIONS. In this subchapter:
30- (1) "Conscience" means a sincerely held set of moral
31- convictions arising from:
32- (A) a belief in and relation to God;
33- (B) a religious faith or spiritual practice; or
34- (C) a moral philosophy or ethical position,
35- without regard to whether the philosophy or position is related to a
36- religious faith.
37- (2) "Emergency care" means bona fide emergency
38- services provided after a sudden onset of a medical or traumatic
39- condition manifested by acute symptoms of sufficient severity,
40- including severe pain, such that the absence of immediate medical
41- attention could reasonably be expected to result in:
42- (A) placing the patient's health in serious
43- jeopardy;
44- (B) serious impairment to the patient's bodily
45- functions; or
46- (C) serious dysfunction of any bodily organ or
47- part of the patient.
48- (3) "Health care facility" means a public or private
49- organization, corporation, partnership, sole proprietorship,
50- association, agency, network, joint venture, or other entity that
51- provides health care services to patients. The term includes a
52- hospital, clinic, medical center, ambulatory surgical center,
53- private physician's office, pharmacy, nursing home, laboratory or
54- diagnostic facility, infirmary, dispensary, medical school,
55- nursing school, pharmacy school, or medical training facility.
56- (4) "Health care provider" means a nurse, nurse aide,
57- medical assistant, hospital employee, allied health professional,
58- laboratory technician, clinic employee, nursing home employee,
59- pharmacist, pharmacy employee, researcher, medical, pharmacy, or
60- nursing school student, professional, paraprofessional, or,
61- without regard to whether the person holds a license, any other
62- person who furnishes or assists in the furnishing of a health care
63- service.
64- (5) "Health care service" means any phase of patient
65- health care or treatment. The term includes:
66- (A) examination, testing, diagnosis, referral,
67- prognosis, dispensing or administering a drug or device, ancillary
68- research, instruction, therapy, treatment, and preparing for or
69- performing a surgery or procedure;
70- (B) family planning, counseling, and referrals,
71- and any other advice in connection with the use or procurement of
72- contraceptives, sterilization, or abortion; and
73- (C) record-making procedures, preparation of
74- treatment notes, and any other care or treatment rendered by a
75- health care facility, physician, or health care provider.
76- (6) "Physician" means an individual licensed to
77- practice medicine in this state.
78- Sec. 161.702. RIGHT TO DECLINE PARTICIPATION IN HEALTH CARE
79- SERVICE FOR REASONS OF CONSCIENCE; CONSTRUCTION OF SUBCHAPTER. (a)
80- Except as provided by Subsection (b), a person may decline to
81- participate in a health care service for reasons of conscience.
82- (b) A person may not decline to participate in the following
83- services:
84- (1) emergency care; or
85- (2) except as provided by Chapter 166, life-sustaining
86- treatment.
87- (c) Nothing in this subchapter may be construed to:
88- (1) supersede Chapter 166 governing the provision,
89- withholding, or withdrawing of life-sustaining treatment; or
90- (2) apply to emergency care, life-sustaining
91- treatment, or cardiopulmonary resuscitation.
92- (d) An exercise of the right of conscience under this
93- section is limited to a person's right to refuse to participate in a
94- specific health care service.
95- Sec. 161.703. IMMUNITY OF PHYSICIANS AND HEALTH CARE
96- PROVIDERS. A physician or health care provider may not be held
97- civilly or criminally liable because the physician or health care
98- provider declines to participate in a health care service wholly or
99- partly for reasons of conscience.
100- Sec. 161.704. ADVERSE ACTION. A person, including a public
101- official or a medical school or other institution that conducts
102- education or training programs for physicians or health care
103- providers, violates this subchapter by taking an adverse action
104- against another person because the other person declines to
105- participate in a health care service for reasons of conscience.
106- Violations include discrimination against or taking an adverse
107- action with regard to:
108- (1) licensure;
109- (2) certification;
110- (3) employment terms, benefits, seniority status,
111- promotion, or transfer;
112- (4) staff appointments or other privileges;
113- (5) denial of employment, admission, or participation
114- in a program for which the other person is eligible;
115- (6) reference to reasons of conscience in an
116- application form;
117- (7) questions regarding an applicant's participation
118- in providing a health care service for reasons of conscience;
119- (8) imposition of a burden in the terms or conditions
120- of employment;
121- (9) denial of aid, assistance, or benefits;
122- (10) conditional receipt of the aid, assistance, or
123- benefits; or
124- (11) coercion or disqualification of the other person
125- receiving aid, assistance, or benefits.
126- Sec. 161.705. PROTOCOL FOR DECLINING PARTICIPATION IN
127- PROVISION OF HEALTH CARE SERVICE. (a) A health care facility shall
128- develop a written protocol for circumstances in which a person
129- declines to participate in providing a health care service, other
130- than emergency care or life-sustaining treatment, for reasons of
131- conscience. The protocol must describe a patient's access to health
132- care services and information to ensure the patient is not
133- permanently or substantially prevented from obtaining the
134- services. The protocol must explain the process the facility will
135- implement to facilitate in a timely manner the patient's access to
136- the services.
137- (b) A person who declines to participate in providing a
138- health care service for reasons of conscience shall:
139- (1) notify the health care facility of the
140- declination; and
141- (2) comply with the applicable protocol developed
142- under this section.
143- (c) This section does not permit a protocol developed under
144- this section to require a health care facility, physician, or
145- health care provider to counsel a patient or refer the patient to
146- another physician or facility regarding a health care service that
147- is contrary to the conscience of the physician or health care
148- provider.
149- Sec. 161.706. DISCIPLINARY ACTION; COMPLAINT. (a) A
150- health care facility, physician, or health care provider that holds
151- a license issued by a licensing agency in this state is subject to
152- review and disciplinary action by the licensing agency for a
153- violation of this subchapter as if the facility, physician, or
154- provider violated the applicable licensing law.
155- (b) A person who is injured by a violation of this
156- subchapter may file a complaint with the licensing agency that
157- issued a license to the health care facility, physician, or health
158- care provider that allegedly violated this subchapter.
159- (c) A physician or health care provider may not file a
160- complaint with the appropriate licensing agency under this section
161- unless the physician or health care provider complies with the
162- health care facility's protocol developed under Section 161.705.
163- Sec. 161.707. CIVIL REMEDIES. A person who is injured by a
164- violation of this subchapter may bring a civil action against a
165- person who violates this subchapter. A person who brings the action
166- under this section may obtain:
167- (1) injunctive relief;
168- (2) damages incurred by the person, including:
169- (A) actual damages for all psychological,
170- emotional, and physical injuries resulting from the violation of
171- this subchapter;
172- (B) court costs; and
173- (C) reasonable attorney's fees; or
174- (3) both injunctive relief and damages.
175- SECTION 3. Not later than December 1, 2021, a health care
176- facility, as that term is defined by Section 161.701, Health and
177- Safety Code, as added by this Act, shall adopt protocols required by
178- Section 161.705, Health and Safety Code, as added by this Act.
179- SECTION 4. Section 161.703, Health and Safety Code, as
180- added by this Act, applies only to a cause of action that accrues on
181- or after the effective date of this Act.
182- SECTION 5. This Act takes effect September 1, 2021.
11+ SECTION 1. The heading to Chapter 103, Occupations Code, is
12+ amended to read as follows:
13+ CHAPTER 103. RIGHT TO OBJECT TO PARTICIPATION IN CERTAIN MEDICAL
14+ PROCEDURES [ABORTION PROCEDURE]
15+ SECTION 2. Sections 103.001 and 103.002, Occupations Code,
16+ are amended to read as follows:
17+ Sec. 103.001. RIGHT TO OBJECT. A physician, nurse, staff
18+ member, or employee of a hospital or other health care facility who
19+ objects to directly or indirectly performing or participating in an
20+ abortion procedure or any other medical procedure on the grounds
21+ that the procedure violates the physician's, nurse's, staff
22+ member's, or employee's ethical, moral, or religious beliefs may
23+ not be required to directly or indirectly perform or participate in
24+ the procedure.
25+ Sec. 103.002. DISCRIMINATION PROHIBITED. (a) A hospital or
26+ health care facility may not discriminate against a physician,
27+ nurse, staff member, or employee, or an applicant for one of those
28+ positions, who refuses to directly or indirectly perform or
29+ participate in:
30+ (1) an abortion procedure; or
31+ (2) any other medical procedure that violates the
32+ physician's, nurse's, staff member's, employee's, or applicant's
33+ ethical, moral, or religious beliefs.
34+ (b) A hospital or health care facility may not discriminate
35+ against a physician, nurse, staff member, or employee because of
36+ the person's willingness or unwillingness to directly or indirectly
37+ perform or participate in an abortion procedure or any other
38+ medical procedure at another facility.
39+ (c) An educational institution may not discriminate against
40+ an applicant for admission or employment as a student, intern, or
41+ resident because of the applicant's:
42+ (1) attitude concerning abortion; or
43+ (2) ethical, moral, or religious beliefs regarding any
44+ other medical procedure.
45+ SECTION 3. Chapter 103, Occupations Code, as amended by
46+ this Act, applies only to an abortion or other medical procedure
47+ performed on or after the effective date of this Act.
48+ SECTION 4. This Act takes effect immediately if it receives
49+ a vote of two-thirds of all the members elected to each house, as
50+ provided by Section 39, Article III, Texas Constitution. If this
51+ Act does not receive the vote necessary for immediate effect, this
52+ Act takes effect September 1, 2021.