Texas 2023 - 88th Regular

Texas House Bill HB122 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R618 EAS-D
2	2	By: Toth H.B. No. 122
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to professional liability insurance coverage for and
8	8	prohibitions on providing to certain children procedures and
9	9	treatments for gender transitioning, gender reassignment, or
10	10	gender dysphoria; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 161, Health and Safety Code, is amended
13	13	by adding Subchapter X to read as follows:
14	14	SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT
15	15	PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
16	16	Sec. 161.701. DEFINITIONS. In this subchapter:
17	17	(1) "Child" means an individual who is younger than 18
18	18	years of age.
19	19	(2) "Health care provider" means a person other than a
20	20	physician who is licensed, certified, or otherwise authorized by
21	21	this state's laws to provide or render health care or to dispense or
22	22	prescribe a prescription drug in the ordinary course of business or
23	23	practice of a profession.
24	24	(3) "Physician" means a person licensed to practice
25	25	medicine in this state.
26	26	Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
27	27	OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
28	28	CHILDREN. For the purpose of transitioning a child's biological
29	29	sex as determined by the sex organs, chromosomes, and endogenous
30	30	profiles of the child or affirming the child's perception of the
31	31	child's sex if that perception is inconsistent with the child's
32	32	biological sex, a physician or health care provider may not:
33	33	(1) perform a surgery that sterilizes the child,
34	34	including:
35	35	(A) castration;
36	36	(B) vasectomy;
37	37	(C) hysterectomy;
38	38	(D) oophorectomy;
39	39	(E) metoidioplasty;
40	40	(F) orchiectomy;
41	41	(G) penectomy;
42	42	(H) phalloplasty; and
43	43	(I) vaginoplasty;
44	44	(2) perform a mastectomy;
45	45	(3) provide, administer, prescribe, or dispense any of
46	46	the following prescription drugs that induce transient or permanent
47	47	infertility:
48	48	(A) puberty suppression or blocking prescription
49	49	drugs to stop or delay normal puberty;
50	50	(B) supraphysiologic doses of testosterone to
51	51	females; or
52	52	(C) supraphysiologic doses of estrogen to males;
53	53	or
54	54	(4) remove any otherwise healthy or non-diseased body
55	55	part or tissue.
56	56	Sec. 161.703. EXCEPTIONS. Section 161.702 does not apply
57	57	to the provision by a physician or health care provider, with the
58	58	consent of the child's parent or legal guardian, of appropriate and
59	59	medically necessary gender transitioning or gender reassignment
60	60	procedures or treatments to a child who:
61	61	(1) is born with a medically verifiable genetic
62	62	disorder of sex development, including:
63	63	(A) 46,XX chromosomes with virilization;
64	64	(B) 46,XY chromosomes with undervirilization; or
65	65	(C) both ovarian and testicular tissue; or
66	66	(2) does not have the normal sex chromosome structure
67	67	for male or female as determined by a physician through genetic
68	68	testing.
69	69	Sec. 161.704. CRIMINAL PENALTY. (a) A physician or health
70	70	care provider commits an offense if the physician or health care
71	71	provider violates a provision of this subchapter.
72	72	(b) An offense under this section is a felony of the second
73	73	degree.
74	74	SECTION 2. Subchapter F, Chapter 1901, Insurance Code, is
75	75	amended by adding Section 1901.256 to read as follows:
76	76	Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN
77	77	GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A
78	78	professional liability insurance policy issued to a physician or
79	79	health care provider may not include coverage for damages assessed
80	80	against the physician or health care provider who provides to a
81	81	child gender transitioning or gender reassignment procedures or
82	82	treatments that are prohibited by Section 161.702, Health and
83	83	Safety Code.
84	84	SECTION 3. Section 164.052, Occupations Code, is amended by
85	85	amending Subsection (a) and adding Subsection (d) to read as
86	86	follows:
87	87	(a) A physician or an applicant for a license to practice
88	88	medicine commits a prohibited practice if that person:
89	89	(1) submits to the board a false or misleading
90	90	statement, document, or certificate in an application for a
91	91	license;
92	92	(2) presents to the board a license, certificate, or
93	93	diploma that was illegally or fraudulently obtained;
94	94	(3) commits fraud or deception in taking or passing an
95	95	examination;
96	96	(4) uses alcohol or drugs in an intemperate manner
97	97	that, in the board's opinion, could endanger a patient's life;
98	98	(5) commits unprofessional or dishonorable conduct
99	99	that is likely to deceive or defraud the public, as provided by
100	100	Section 164.053, or injure the public;
101	101	(6) uses an advertising statement that is false,
102	102	misleading, or deceptive;
103	103	(7) advertises professional superiority or the
104	104	performance of professional service in a superior manner if that
105	105	advertising is not readily subject to verification;
106	106	(8) purchases, sells, barters, or uses, or offers to
107	107	purchase, sell, barter, or use, a medical degree, license,
108	108	certificate, or diploma, or a transcript of a license, certificate,
109	109	or diploma in or incident to an application to the board for a
110	110	license to practice medicine;
111	111	(9) alters, with fraudulent intent, a medical license,
112	112	certificate, or diploma, or a transcript of a medical license,
113	113	certificate, or diploma;
114	114	(10) uses a medical license, certificate, or diploma,
115	115	or a transcript of a medical license, certificate, or diploma that
116	116	has been:
117	117	(A) fraudulently purchased or issued;
118	118	(B) counterfeited; or
119	119	(C) materially altered;
120	120	(11) impersonates or acts as proxy for another person
121	121	in an examination required by this subtitle for a medical license;
122	122	(12) engages in conduct that subverts or attempts to
123	123	subvert an examination process required by this subtitle for a
124	124	medical license;
125	125	(13) impersonates a physician or permits another to
126	126	use the person's license or certificate to practice medicine in
127	127	this state;
128	128	(14) directly or indirectly employs a person whose
129	129	license to practice medicine has been suspended, canceled, or
130	130	revoked;
131	131	(15) associates in the practice of medicine with a
132	132	person:
133	133	(A) whose license to practice medicine has been
134	134	suspended, canceled, or revoked; or
135	135	(B) who has been convicted of the unlawful
136	136	practice of medicine in this state or elsewhere;
137	137	(16) performs or procures a criminal abortion, aids or
138	138	abets in the procuring of a criminal abortion, attempts to perform
139	139	or procure a criminal abortion, or attempts to aid or abet the
140	140	performance or procurement of a criminal abortion;
141	141	(17) directly or indirectly aids or abets the practice
142	142	of medicine by a person, partnership, association, or corporation
143	143	that is not licensed to practice medicine by the board;
144	144	(18) performs an abortion on a woman who is pregnant
145	145	with a viable unborn child during the third trimester of the
146	146	pregnancy unless:
147	147	(A) the abortion is necessary to prevent the
148	148	death of the woman;
149	149	(B) the viable unborn child has a severe,
150	150	irreversible brain impairment; or
151	151	(C) the woman is diagnosed with a significant
152	152	likelihood of suffering imminent severe, irreversible brain damage
153	153	or imminent severe, irreversible paralysis;
154	154	(19) performs an abortion on an unemancipated minor
155	155	without the written consent of the child's parent, managing
156	156	conservator, or legal guardian or without a court order, as
157	157	provided by Section 33.003 or 33.004, Family Code, unless the
158	158	abortion is necessary due to a medical emergency, as defined by
159	159	Section 171.002, Health and Safety Code;
160	160	(20) otherwise performs an abortion on an
161	161	unemancipated minor in violation of Chapter 33, Family Code;
162	162	(21) performs or induces or attempts to perform or
163	163	induce an abortion in violation of Subchapter C, F, or G, Chapter
164	164	171, Health and Safety Code;
165	165	(22) in complying with the procedures outlined in
166	166	Sections 166.045 and 166.046, Health and Safety Code, wilfully
167	167	fails to make a reasonable effort to transfer a patient to a
168	168	physician who is willing to comply with a directive; [or]
169	169	(23) performs or delegates to another individual the
170	170	performance of a pelvic examination on an anesthetized or
171	171	unconscious patient in violation of Section 167A.002, Health and
172	172	Safety Code; or
173	173	(24) to facilitate the gender transition or treat the
174	174	gender dysphoria of an unemancipated minor:
175	175	(A) provides, administers, prescribes, or
176	176	dispenses a puberty suppression or blocking prescription drug or
177	177	cross-sex hormone to the minor, including by writing a false or
178	178	fictitious prescription; or
179	179	(B) performs or attempts to perform a surgical
180	180	intervention on the minor.
181	181	(d) Notwithstanding Subsection (a)(24), a physician or
182	182	applicant for a license to practice medicine does not commit a
183	183	prohibited practice if the physician or applicant provides a
184	184	puberty suppression or blocking prescription drug to an
185	185	unemancipated minor for the purpose of normalizing puberty for a
186	186	minor experiencing precocious puberty.
187	187	SECTION 4. Section 1901.256, Insurance Code, as added by
188	188	this Act, applies only to a medical professional liability
189	189	insurance policy that is delivered, issued for delivery, or renewed
190	190	on or after January 1, 2024. An insurance policy that is delivered,
191	191	issued for delivery, or renewed before January 1, 2024, is governed
192	192	by the law in effect immediately before the effective date of this
193	193	Act, and that law is continued in effect for that purpose.
194	194	SECTION 5. Section 164.052, Occupations Code, as amended by
195	195	this Act, applies only to conduct that occurs on or after the
196	196	effective date of this Act. Conduct that occurs before the
197	197	effective date of this Act is governed by the law in effect on the
198	198	date the conduct occurred, and the former law is continued in effect
199	199	for that purpose.
200	200	SECTION 6. This Act takes effect September 1, 2023.