Texas 2021 - 87th 1st C.S.

Texas House Bill HB210 Compare Versions

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

Old	New	Differences
1	1	87S10197 SRA-D
2	2	By: Oliverson H.B. No. 210
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to protection of persons from participation in a health
8	8	care service for reasons of conscience; providing a civil remedy;
9	9	authorizing disciplinary action.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The legislature finds that:
12	12	(1) the public policy of this state is to respect the
13	13	conscience of all health care providers and the right of each health
14	14	care provider to hold their own belief about whether certain health
15	15	care services are morally acceptable;
16	16	(2) without comprehensive protections, the conscience
17	17	of health care providers may be violated; and
18	18	(3) each health care provider must be protected from
19	19	required participation in a health care service in which the
20	20	provider has declined participation for reasons of conscience and
21	21	from discriminatory adverse action resulting from the
22	22	nonparticipation.
23	23	SECTION 2. Chapter 161, Health and Safety Code, is amended
24	24	by adding Subchapter X to read as follows:
25	25	SUBCHAPTER X. TEXAS HEALTH CARE CONSCIENCE PROTECTION ACT
26	26	Sec. 161.701. DEFINITIONS. In this subchapter:
27	27	(1) "Conscience" means a sincerely held set of moral
28	28	convictions arising from:
29	29	(A) a belief in and relation to God;
30	30	(B) a religious faith or spiritual practice; or
31	31	(C) a moral philosophy or ethical position,
32	32	without regard to whether the philosophy or position is related to a
33	33	religious faith.
34	34	(2) "Emergency care" means bona fide emergency
35	35	services provided after a sudden onset of a medical or traumatic
36	36	condition manifested by acute symptoms of sufficient severity,
37	37	including severe pain, such that the absence of immediate medical
38	38	attention could reasonably be expected to:
39	39	(A) place the patient's health in serious
40	40	jeopardy;
41	41	(B) result in serious impairment to the patient's
42	42	bodily functions; or
43	43	(C) result in serious dysfunction of any bodily
44	44	organ or part of the patient.
45	45	(3) "Health care facility" means a public or private
46	46	organization, corporation, partnership, sole proprietorship,
47	47	association, agency, network, joint venture, or other entity that
48	48	provides health care services to patients. The term includes a
49	49	hospital, clinic, medical center, ambulatory surgical center,
50	50	private physician's office, pharmacy, nursing home, laboratory or
51	51	diagnostic facility, infirmary, dispensary, medical school,
52	52	nursing school, pharmacy school, or medical training facility.
53	53	(4) "Health care provider" means a nurse, nurse aide,
54	54	medical assistant, hospital employee, allied health professional,
55	55	laboratory technician, clinic employee, nursing home employee,
56	56	pharmacist, pharmacy employee, researcher, medical, pharmacy, or
57	57	nursing school student, professional, paraprofessional, or,
58	58	without regard to whether the person holds a license, any other
59	59	person who furnishes or assists in the furnishing of a health care
60	60	service.
61	61	(5) "Health care service" means any phase of patient
62	62	health care or treatment. The term includes:
63	63	(A) examination, testing, diagnosis, referral,
64	64	prognosis, dispensing or administering a drug or device, ancillary
65	65	research, instruction, therapy, treatment, and preparing for or
66	66	performing a surgery or procedure;
67	67	(B) family planning, counseling, and referrals,
68	68	and any other advice in connection with the use or procurement of
69	69	contraceptives, sterilization, or abortion; and
70	70	(C) record-making procedures, preparation of
71	71	treatment notes, and any other care or treatment rendered by a
72	72	health care facility, physician, or health care provider.
73	73	(6) "Physician" means an individual licensed to
74	74	practice medicine in this state.
75	75	Sec. 161.702. RIGHT TO DECLINE PARTICIPATION IN HEALTH CARE
76	76	SERVICE FOR REASONS OF CONSCIENCE; CONSTRUCTION OF SUBCHAPTER. (a)
77	77	Except as provided by Subsection (b), a person may decline to
78	78	participate in a health care service for reasons of conscience.
79	79	(b) A person may not decline to participate in the following
80	80	services:
81	81	(1) emergency care; or
82	82	(2) except as provided by Chapter 166, life-sustaining
83	83	treatment.
84	84	(c) Nothing in this subchapter may be construed to:
85	85	(1) supersede Chapter 166 governing the provision,
86	86	withholding, or withdrawing of life-sustaining treatment; or
87	87	(2) apply to emergency care, life-sustaining
88	88	treatment, or cardiopulmonary resuscitation.
89	89	(d) An exercise of the right of conscience under this
90	90	section is limited to a person's right to refuse to participate in a
91	91	specific health care service.
92	92	Sec. 161.703. IMMUNITY OF PHYSICIANS AND HEALTH CARE
93	93	PROVIDERS. A physician or health care provider may not be held
94	94	civilly or criminally liable because the physician or health care
95	95	provider declines to participate in a health care service wholly or
96	96	partly for reasons of conscience.
97	97	Sec. 161.704. ADVERSE ACTION. A person, including a public
98	98	official and a medical school or other institution that conducts
99	99	education or training programs for physicians or health care
100	100	providers, violates this subchapter by taking an adverse action
101	101	against another person because the other person declines to
102	102	participate in a health care service for reasons of conscience.
103	103	Violations include discrimination against or taking an adverse
104	104	action with regard to:
105	105	(1) licensure;
106	106	(2) certification;
107	107	(3) employment terms, benefits, seniority status,
108	108	promotion, or transfer;
109	109	(4) staff appointments or other privileges;
110	110	(5) denial of employment, admission, or participation
111	111	in a program for which the other person is eligible;
112	112	(6) reference to reasons of conscience in an
113	113	application form;
114	114	(7) questions regarding an applicant's participation
115	115	in providing a health care service for reasons of conscience;
116	116	(8) imposition of a burden in the terms or conditions
117	117	of employment;
118	118	(9) denial of aid, assistance, or benefits;
119	119	(10) conditional receipt of the aid, assistance, or
120	120	benefits; or
121	121	(11) coercion or disqualification of the other person
122	122	receiving aid, assistance, or benefits.
123	123	Sec. 161.705. PROTOCOL FOR DECLINING PARTICIPATION IN
124	124	PROVISION OF HEALTH CARE SERVICE. (a) A health care facility shall
125	125	develop a written protocol for circumstances in which a person
126	126	declines to participate in providing a health care service, other
127	127	than emergency care or life-sustaining treatment, for reasons of
128	128	conscience. The protocol must describe a patient's access to health
129	129	care services and information to ensure the patient is not
130	130	permanently or substantially prevented from obtaining the
131	131	services. The protocol must explain the process the facility will
132	132	implement to facilitate in a timely manner the patient's access to
133	133	the services.
134	134	(b) A person who declines to participate in providing a
135	135	health care service for reasons of conscience shall:
136	136	(1) notify the health care facility of the
137	137	declination; and
138	138	(2) comply with the applicable protocol developed
139	139	under this section.
140	140	(c) A protocol developed under this section may not require
141	141	a health care facility, physician, or health care provider to
142	142	counsel a patient or refer the patient to another physician or
143	143	facility regarding a health care service that is contrary to the
144	144	conscience of the physician or health care provider.
145	145	Sec. 161.706. DISCIPLINARY ACTION; COMPLAINT. (a) A
146	146	health care facility, physician, or health care provider that holds
147	147	a license issued by a licensing agency in this state is subject to
148	148	review and disciplinary action by the licensing agency for a
149	149	violation of this subchapter as if the facility, physician, or
150	150	provider violated the applicable licensing law.
151	151	(b) A person who is injured by a violation of this
152	152	subchapter may file a complaint with the licensing agency that
153	153	issued a license to the health care facility, physician, or health
154	154	care provider that allegedly violated this subchapter.
155	155	(c) A physician or health care provider may not file a
156	156	complaint with the appropriate licensing agency under this section
157	157	unless the physician or health care provider complies with the
158	158	health care facility's protocol developed under Section 161.705.
159	159	Sec. 161.707. CIVIL REMEDIES. A person who is injured by a
160	160	violation of this subchapter may bring a civil action against a
161	161	person who violates this subchapter. A person who brings the action
162	162	under this section may obtain:
163	163	(1) injunctive relief;
164	164	(2) damages incurred by the person, including:
165	165	(A) actual damages for all psychological,
166	166	emotional, and physical injuries resulting from the violation of
167	167	this subchapter;
168	168	(B) court costs; and
169	169	(C) reasonable attorney's fees; or
170	170	(3) both injunctive relief and damages.
171	171	SECTION 3. Not later than March 1, 2022, a health care
172	172	facility, as that term is defined by Section 161.701, Health and
173	173	Safety Code, as added by this Act, shall adopt protocols required by
174	174	Section 161.705, Health and Safety Code, as added by this Act.
175	175	SECTION 4. Section 161.703, Health and Safety Code, as
176	176	added by this Act, applies only to a cause of action that accrues on
177	177	or after the effective date of this Act.
178	178	SECTION 5. This Act takes effect January 1, 2022.