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