| 1 | 1 | | 88R3629 JG-D |
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| 2 | 2 | | By: Plesa H.B. No. 1490 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prioritization of a pregnant individual's health when |
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| 8 | 8 | | providing health care treatments; authorizing an administrative |
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| 9 | 9 | | penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 170A, Health and Safety Code, is amended |
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| 12 | 12 | | by adding Section 170A.008 to read as follows: |
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| 13 | 13 | | Sec. 170A.008. PRIORITIZATION OF PREGNANT INDIVIDUAL'S |
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| 14 | 14 | | HEALTH. (a) Notwithstanding any other law, a physician or health |
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| 15 | 15 | | care practitioner shall prioritize the health of a pregnant |
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| 16 | 16 | | individual over the health of the fetus the individual is carrying |
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| 17 | 17 | | when recommending a health care treatment for the individual, |
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| 18 | 18 | | regardless of whether the treatment poses a risk of injury or death |
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| 19 | 19 | | to the fetus. |
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| 20 | 20 | | (b) A pregnant individual retains the right to agree to or |
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| 21 | 21 | | refuse a health care treatment regardless of the physician's or |
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| 22 | 22 | | health care practitioner's recommendation under Subsection (a), |
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| 23 | 23 | | and the physician or practitioner may provide the treatment only |
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| 24 | 24 | | after obtaining the individual's informed consent. |
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| 25 | 25 | | (c) The appropriate licensing authority may impose an |
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| 26 | 26 | | administrative penalty against a physician or health care |
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| 27 | 27 | | practitioner who violates this section in the same manner and using |
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| 28 | 28 | | the same procedures as the authority uses to impose an |
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| 29 | 29 | | administrative penalty against a physician or practitioner who |
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| 30 | 30 | | violates the authority's licensing or other regulatory laws or |
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| 31 | 31 | | rules. |
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| 32 | 32 | | SECTION 2. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2023. |
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