Texas 2021 - 87th Regular

Texas House Bill HB673 Compare Versions

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

Old	New	Differences
1	1	87R423 EAS-D
2	2	By: Ramos H.B. No. 673
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to limitations on pelvic examinations; authorizing
8	8	disciplinary action, including an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 167A to read as follows:
12	12	CHAPTER 167A. PELVIC EXAMINATIONS
13	13	Sec. 167A.001. DEFINITIONS. In this chapter:
14	14	(1) "Health care practitioner" means a physician,
15	15	physician assistant, or advanced practice registered nurse
16	16	licensed to practice in this state.
17	17	(2) "Pelvic examination" means a physical examination
18	18	by a health care practitioner of a female's external and internal
19	19	reproductive organs, genitalia, or rectum.
20	20	Sec. 167A.002. LIMITATIONS ON PELVIC EXAMINATIONS. A
21	21	health care practitioner may perform or delegate to another
22	22	individual, including a student training to become a health care
23	23	practitioner, to perform a pelvic examination on a patient only if:
24	24	(1) the pelvic examination is within the standard of
25	25	care for diagnosis or treatment of the patient's medical condition;
26	26	and
27	27	(2) either:
28	28	(A) the patient or the patient's legally
29	29	authorized representative gives informed consent for the pelvic
30	30	examination that provides notice of the pelvic examination and
31	31	identifies each individual who will be performing or observing the
32	32	pelvic examination; or
33	33	(B) for a patient who is unconscious or
34	34	anesthetized, the pelvic examination is immediately necessary for
35	35	diagnosis or treatment of the patient's medical condition.
36	36	Sec. 167A.003. DISCIPLINARY ACTION. A health care
37	37	practitioner who violates Section 167A.002 is subject to
38	38	disciplinary action, including the imposition of an administrative
39	39	penalty, by the state regulatory agency that issues a license to the
40	40	practitioner.
41	41	SECTION 2. Section 164.052(a), Occupations Code, is amended
42	42	to read as follows:
43	43	(a) A physician or an applicant for a license to practice
44	44	medicine commits a prohibited practice if that person:
45	45	(1) submits to the board a false or misleading
46	46	statement, document, or certificate in an application for a
47	47	license;
48	48	(2) presents to the board a license, certificate, or
49	49	diploma that was illegally or fraudulently obtained;
50	50	(3) commits fraud or deception in taking or passing an
51	51	examination;
52	52	(4) uses alcohol or drugs in an intemperate manner
53	53	that, in the board's opinion, could endanger a patient's life;
54	54	(5) commits unprofessional or dishonorable conduct
55	55	that is likely to deceive or defraud the public, as provided by
56	56	Section 164.053, or injure the public;
57	57	(6) uses an advertising statement that is false,
58	58	misleading, or deceptive;
59	59	(7) advertises professional superiority or the
60	60	performance of professional service in a superior manner if that
61	61	advertising is not readily subject to verification;
62	62	(8) purchases, sells, barters, or uses, or offers to
63	63	purchase, sell, barter, or use, a medical degree, license,
64	64	certificate, or diploma, or a transcript of a license, certificate,
65	65	or diploma in or incident to an application to the board for a
66	66	license to practice medicine;
67	67	(9) alters, with fraudulent intent, a medical license,
68	68	certificate, or diploma, or a transcript of a medical license,
69	69	certificate, or diploma;
70	70	(10) uses a medical license, certificate, or diploma,
71	71	or a transcript of a medical license, certificate, or diploma that
72	72	has been:
73	73	(A) fraudulently purchased or issued;
74	74	(B) counterfeited; or
75	75	(C) materially altered;
76	76	(11) impersonates or acts as proxy for another person
77	77	in an examination required by this subtitle for a medical license;
78	78	(12) engages in conduct that subverts or attempts to
79	79	subvert an examination process required by this subtitle for a
80	80	medical license;
81	81	(13) impersonates a physician or permits another to
82	82	use the person's license or certificate to practice medicine in
83	83	this state;
84	84	(14) directly or indirectly employs a person whose
85	85	license to practice medicine has been suspended, canceled, or
86	86	revoked;
87	87	(15) associates in the practice of medicine with a
88	88	person:
89	89	(A) whose license to practice medicine has been
90	90	suspended, canceled, or revoked; or
91	91	(B) who has been convicted of the unlawful
92	92	practice of medicine in this state or elsewhere;
93	93	(16) performs or procures a criminal abortion, aids or
94	94	abets in the procuring of a criminal abortion, attempts to perform
95	95	or procure a criminal abortion, or attempts to aid or abet the
96	96	performance or procurement of a criminal abortion;
97	97	(17) directly or indirectly aids or abets the practice
98	98	of medicine by a person, partnership, association, or corporation
99	99	that is not licensed to practice medicine by the board;
100	100	(18) performs an abortion on a woman who is pregnant
101	101	with a viable unborn child during the third trimester of the
102	102	pregnancy unless:
103	103	(A) the abortion is necessary to prevent the
104	104	death of the woman;
105	105	(B) the viable unborn child has a severe,
106	106	irreversible brain impairment; or
107	107	(C) the woman is diagnosed with a significant
108	108	likelihood of suffering imminent severe, irreversible brain damage
109	109	or imminent severe, irreversible paralysis;
110	110	(19) performs an abortion on an unemancipated minor
111	111	without the written consent of the child's parent, managing
112	112	conservator, or legal guardian or without a court order, as
113	113	provided by Section 33.003 or 33.004, Family Code, unless the
114	114	abortion is necessary due to a medical emergency, as defined by
115	115	Section 171.002, Health and Safety Code;
116	116	(20) otherwise performs an abortion on an
117	117	unemancipated minor in violation of Chapter 33, Family Code;
118	118	(21) performs or induces or attempts to perform or
119	119	induce an abortion in violation of Subchapter C, F, or G, Chapter
120	120	171, Health and Safety Code; [or]
121	121	(22) in complying with the procedures outlined in
122	122	Sections 166.045 and 166.046, Health and Safety Code, wilfully
123	123	fails to make a reasonable effort to transfer a patient to a
124	124	physician who is willing to comply with a directive; or
125	125	(23) performs or delegates to another individual to
126	126	perform a pelvic examination in violation of Section 167A.002,
127	127	Health and Safety Code.
128	128	SECTION 3. The changes in law made by this Act apply only to
129	129	a pelvic examination performed on or after the effective date of
130	130	this Act. A pelvic examination performed before the effective date
131	131	of this Act is governed by the law in effect when the pelvic
132	132	examination occurred, and the former law is continued in effect for
133	133	that purpose.
134	134	SECTION 4. This Act takes effect September 1, 2021.