Texas 2023 - 88th Regular

Texas House Bill HB1532 Compare Versions

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Version 2 (New)

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1	1	88R4257 EAS-D
2	2	By: Schatzline H.B. No. 1532
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 the provision to certain children of procedures and
9	9	treatments for gender transitioning, gender reassignment, or
10	10	gender dysphoria and to the abuse of a child.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 261.001(1), Family Code, is amended to
13	13	read as follows:
14	14	(1) "Abuse" includes the following acts or omissions
15	15	by a person:
16	16	(A) mental or emotional injury to a child that
17	17	results in an observable and material impairment in the child's
18	18	growth, development, or psychological functioning;
19	19	(B) causing or permitting the child to be in a
20	20	situation in which the child sustains a mental or emotional injury
21	21	that results in an observable and material impairment in the
22	22	child's growth, development, or psychological functioning;
23	23	(C) physical injury that results in substantial
24	24	harm to the child, or the genuine threat of substantial harm from
25	25	physical injury to the child, including an injury that is at
26	26	variance with the history or explanation given and excluding an
27	27	accident or reasonable discipline by a parent, guardian, or
28	28	managing or possessory conservator that does not expose the child
29	29	to a substantial risk of harm;
30	30	(D) failure to make a reasonable effort to
31	31	prevent an action by another person that results in physical injury
32	32	that results in substantial harm to the child;
33	33	(E) sexual conduct harmful to a child's mental,
34	34	emotional, or physical welfare, including conduct that constitutes
35	35	the offense of continuous sexual abuse of young child or disabled
36	36	individual under Section 21.02, Penal Code, indecency with a child
37	37	under Section 21.11, Penal Code, sexual assault under Section
38	38	22.011, Penal Code, or aggravated sexual assault under Section
39	39	22.021, Penal Code;
40	40	(F) failure to make a reasonable effort to
41	41	prevent sexual conduct harmful to a child;
42	42	(G) compelling or encouraging the child to engage
43	43	in sexual conduct as defined by Section 43.01, Penal Code,
44	44	including compelling or encouraging the child in a manner that
45	45	constitutes an offense of trafficking of persons under Section
46	46	20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
47	47	Section 43.021, Penal Code, or compelling prostitution under
48	48	Section 43.05(a)(2), Penal Code;
49	49	(H) causing, permitting, encouraging, engaging
50	50	in, or allowing the photographing, filming, or depicting of the
51	51	child if the person knew or should have known that the resulting
52	52	photograph, film, or depiction of the child is obscene as defined by
53	53	Section 43.21, Penal Code, or pornographic;
54	54	(I) the current use by a person of a controlled
55	55	substance as defined by Chapter 481, Health and Safety Code, in a
56	56	manner or to the extent that the use results in physical, mental, or
57	57	emotional injury to a child;
58	58	(J) causing, expressly permitting, or
59	59	encouraging a child to use a controlled substance as defined by
60	60	Chapter 481, Health and Safety Code;
61	61	(K) causing, permitting, encouraging, engaging
62	62	in, or allowing a sexual performance by a child as defined by
63	63	Section 43.25, Penal Code;
64	64	(L) knowingly causing, permitting, encouraging,
65	65	engaging in, or allowing a child to be trafficked in a manner
66	66	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
67	67	(8), Penal Code, or the failure to make a reasonable effort to
68	68	prevent a child from being trafficked in a manner punishable as an
69	69	offense under any of those sections; [or]
70	70	(M) forcing or coercing a child to enter into a
71	71	marriage; or
72	72	(N) providing to a child a gender transitioning
73	73	or gender reassignment treatment or performing on a child a gender
74	74	transitioning or gender reassignment procedure that is prohibited
75	75	by Subchapter X, Chapter 161, Health and Safety Code.
76	76	SECTION 2. Chapter 161, Health and Safety Code, is amended
77	77	by adding Subchapter X to read as follows:
78	78	SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT
79	79	PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
80	80	Sec. 161.701. DEFINITIONS. In this subchapter:
81	81	(1) "Child" means an individual who is younger than 18
82	82	years of age.
83	83	(2) "Health care provider" means a person other than a
84	84	physician who is licensed, certified, or otherwise authorized by
85	85	the laws of this state to provide or render health care or to
86	86	dispense or prescribe a prescription drug in the ordinary course of
87	87	business or practice of a profession.
88	88	(3) "Physician" means a person licensed to practice
89	89	medicine in this state.
90	90	Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
91	91	OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
92	92	CHILDREN. For the purpose of transitioning a child's biological
93	93	sex as determined by the sex organs, chromosomes, and endogenous
94	94	profiles of the child or affirming the child's perception of the
95	95	child's sex if that perception is inconsistent with the child's
96	96	biological sex, a physician or health care provider may not:
97	97	(1) perform a surgery to sterilize the child,
98	98	including:
99	99	(A) castration;
100	100	(B) vasectomy;
101	101	(C) hysterectomy;
102	102	(D) oophorectomy;
103	103	(E) metoidioplasty;
104	104	(F) orchiectomy;
105	105	(G) penectomy;
106	106	(H) phalloplasty; and
107	107	(I) vaginoplasty;
108	108	(2) perform a mastectomy;
109	109	(3) provide, administer, prescribe, or dispense any of
110	110	the following prescription drugs that induce transient or permanent
111	111	infertility:
112	112	(A) puberty suppression or blocking prescription
113	113	drugs to stop or delay normal puberty;
114	114	(B) supraphysiologic doses of testosterone to
115	115	females; or
116	116	(C) supraphysiologic doses of estrogen to males;
117	117	or
118	118	(4) remove any otherwise healthy or non-diseased body
119	119	part or tissue.
120	120	Sec. 161.703. EXCEPTIONS. The prohibitions under Section
121	121	161.702 do not apply to the provision by a physician or health care
122	122	provider, with the consent of the child's parent or legal guardian,
123	123	of appropriate and medically necessary gender transitioning or
124	124	gender reassignment procedures or treatments to a child who:
125	125	(1) is born with a medically verifiable genetic
126	126	disorder of sex development, including:
127	127	(A) 46, XX chromosomes with virilization;
128	128	(B) 46, XY chromosomes with undervirilization;
129	129	or
130	130	(C) both ovarian and testicular tissue; or
131	131	(2) does not have the normal sex chromosome structure
132	132	for male or female as determined by a physician through genetic
133	133	testing.
134	134	Sec. 161.704. DISCIPLINARY ACTION. The Texas Medical Board
135	135	or another state regulatory agency with jurisdiction over a
136	136	physician or health care provider subject to Section 161.702 shall
137	137	revoke the license, certification, or authorization of a physician
138	138	or health care provider who the board or agency determines has
139	139	violated that section.
140	140	SECTION 3. Subchapter F, Chapter 1901, Insurance Code, is
141	141	amended by adding Section 1901.256 to read as follows:
142	142	Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN
143	143	GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A
144	144	professional liability insurance policy issued to a physician or
145	145	health care provider may not include coverage for damages assessed
146	146	against the physician or health care provider who provides to a
147	147	child gender transitioning or gender reassignment procedures or
148	148	treatments that are prohibited by Section 161.702, Health and
149	149	Safety Code.
150	150	SECTION 4. Section 164.052, Occupations Code, is amended by
151	151	amending Subsection (a) and adding Subsection (d) to read as
152	152	follows:
153	153	(a) A physician or an applicant for a license to practice
154	154	medicine commits a prohibited practice if that person:
155	155	(1) submits to the board a false or misleading
156	156	statement, document, or certificate in an application for a
157	157	license;
158	158	(2) presents to the board a license, certificate, or
159	159	diploma that was illegally or fraudulently obtained;
160	160	(3) commits fraud or deception in taking or passing an
161	161	examination;
162	162	(4) uses alcohol or drugs in an intemperate manner
163	163	that, in the board's opinion, could endanger a patient's life;
164	164	(5) commits unprofessional or dishonorable conduct
165	165	that is likely to deceive or defraud the public, as provided by
166	166	Section 164.053, or injure the public;
167	167	(6) uses an advertising statement that is false,
168	168	misleading, or deceptive;
169	169	(7) advertises professional superiority or the
170	170	performance of professional service in a superior manner if that
171	171	advertising is not readily subject to verification;
172	172	(8) purchases, sells, barters, or uses, or offers to
173	173	purchase, sell, barter, or use, a medical degree, license,
174	174	certificate, or diploma, or a transcript of a license, certificate,
175	175	or diploma in or incident to an application to the board for a
176	176	license to practice medicine;
177	177	(9) alters, with fraudulent intent, a medical license,
178	178	certificate, or diploma, or a transcript of a medical license,
179	179	certificate, or diploma;
180	180	(10) uses a medical license, certificate, or diploma,
181	181	or a transcript of a medical license, certificate, or diploma that
182	182	has been:
183	183	(A) fraudulently purchased or issued;
184	184	(B) counterfeited; or
185	185	(C) materially altered;
186	186	(11) impersonates or acts as proxy for another person
187	187	in an examination required by this subtitle for a medical license;
188	188	(12) engages in conduct that subverts or attempts to
189	189	subvert an examination process required by this subtitle for a
190	190	medical license;
191	191	(13) impersonates a physician or permits another to
192	192	use the person's license or certificate to practice medicine in
193	193	this state;
194	194	(14) directly or indirectly employs a person whose
195	195	license to practice medicine has been suspended, canceled, or
196	196	revoked;
197	197	(15) associates in the practice of medicine with a
198	198	person:
199	199	(A) whose license to practice medicine has been
200	200	suspended, canceled, or revoked; or
201	201	(B) who has been convicted of the unlawful
202	202	practice of medicine in this state or elsewhere;
203	203	(16) performs or procures a criminal abortion, aids or
204	204	abets in the procuring of a criminal abortion, attempts to perform
205	205	or procure a criminal abortion, or attempts to aid or abet the
206	206	performance or procurement of a criminal abortion;
207	207	(17) directly or indirectly aids or abets the practice
208	208	of medicine by a person, partnership, association, or corporation
209	209	that is not licensed to practice medicine by the board;
210	210	(18) performs an abortion on a woman who is pregnant
211	211	with a viable unborn child during the third trimester of the
212	212	pregnancy unless:
213	213	(A) the abortion is necessary to prevent the
214	214	death of the woman;
215	215	(B) the viable unborn child has a severe,
216	216	irreversible brain impairment; or
217	217	(C) the woman is diagnosed with a significant
218	218	likelihood of suffering imminent severe, irreversible brain damage
219	219	or imminent severe, irreversible paralysis;
220	220	(19) performs an abortion on an unemancipated minor
221	221	without the written consent of the child's parent, managing
222	222	conservator, or legal guardian or without a court order, as
223	223	provided by Section 33.003 or 33.004, Family Code, unless the
224	224	abortion is necessary due to a medical emergency, as defined by
225	225	Section 171.002, Health and Safety Code;
226	226	(20) otherwise performs an abortion on an
227	227	unemancipated minor in violation of Chapter 33, Family Code;
228	228	(21) performs or induces or attempts to perform or
229	229	induce an abortion in violation of Subchapter C, F, or G, Chapter
230	230	171, Health and Safety Code;
231	231	(22) in complying with the procedures outlined in
232	232	Sections 166.045 and 166.046, Health and Safety Code, wilfully
233	233	fails to make a reasonable effort to transfer a patient to a
234	234	physician who is willing to comply with a directive; [or]
235	235	(23) performs or delegates to another individual the
236	236	performance of a pelvic examination on an anesthetized or
237	237	unconscious patient in violation of Section 167A.002, Health and
238	238	Safety Code; or
239	239	(24) for the purpose of facilitating the gender
240	240	transition or treating the gender dysphoria of an unemancipated
241	241	minor:
242	242	(A) provides, administers, prescribes, or
243	243	dispenses a puberty suppression or blocking prescription drug or
244	244	cross-sex hormone to the minor, including by writing a false or
245	245	fictitious prescription; or
246	246	(B) performs or attempts to perform a surgical
247	247	intervention on the minor.
248	248	(d) Notwithstanding Subsection (a)(24), a physician or
249	249	applicant for a license to practice medicine does not commit a
250	250	prohibited practice if the physician or applicant provides a
251	251	puberty suppression or blocking prescription drug to an
252	252	unemancipated minor for the purpose of normalizing puberty for a
253	253	minor experiencing precocious puberty.
254	254	SECTION 5. Section 1901.256, Insurance Code, as added by
255	255	this Act, applies only to a medical professional liability
256	256	insurance policy that is delivered, issued for delivery, or renewed
257	257	on or after January 1, 2024. An insurance policy that is delivered,
258	258	issued for delivery, or renewed before January 1, 2024, is governed
259	259	by the law in effect immediately before the effective date of this
260	260	Act, and that law is continued in effect for that purpose.
261	261	SECTION 6. Section 164.052, Occupations Code, as amended by
262	262	this Act, applies only to conduct that occurs on or after the
263	263	effective date of this Act. Conduct that occurs before the
264	264	effective date of this Act is governed by the law in effect on the
265	265	date the conduct occurred, and the former law is continued in effect
266	266	for that purpose.
267	267	SECTION 7. This Act takes effect September 1, 2023.