By: A. Johnson of Harris, Leach, Slawson H.B. No. 3058
(Senate Sponsor - Hughes)
(In the Senate - Received from the House May 15, 2023;
May 17, 2023, read first time and referred to Committee on State
Affairs; May 19, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3058 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain medical treatment to a
pregnant woman by a physician or health care provider.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 74, Civil Practice and Remedies Code, is
amended by adding Subchapter L to read as follows:
SUBCHAPTER L. ACTIONS ARISING FROM PREGNANCY COMPLICATIONS
Sec. 74.551. APPLICATION. An action to which Section
74.552 applies is a health care liability claim for purposes of this
chapter and is subject to the same requirements as any other health
care liability claim.
Sec. 74.552. AFFIRMATIVE DEFENSE IN CERTAIN ACTIONS ARISING
FROM CERTAIN PREGNANCY COMPLICATIONS. (a) It is an affirmative
defense to liability in a civil action brought against a physician
or health care provider for a violation of Section 170A.002, Health
and Safety Code, including an action to recover a civil penalty
under Section 170A.005, Health and Safety Code, that the physician
or health care provider exercised reasonable medical judgment in
providing medical treatment to a pregnant woman in response to:
(1) an ectopic pregnancy at any location; or
(2) a previable premature rupture of membranes.
(b) A pharmacist or pharmacy that receives, processes, or
dispenses a prescription drug or medication order written by a
physician or health care provider to whom Subsection (a) applies is
entitled to the affirmative defense provided by Subsection (a).
(c) This section does not create a civil cause of action.
SECTION 2. Section 164.055, Occupations Code, is amended by
adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (a), the board may not take
disciplinary action against a physician who exercised reasonable
medical judgment in providing medical treatment to a pregnant woman
as described by Section 74.552, Civil Practice and Remedies Code.
SECTION 3. Subchapter C, Chapter 9, Penal Code, is amended
by adding Section 9.35 to read as follows:
Sec. 9.35. CERTAIN MEDICAL TREATMENT PROVIDED TO PREGNANT
WOMAN. A physician or health care provider is justified in
exercising reasonable medical judgment in providing medical
treatment to a pregnant woman as described by Section 74.552, Civil
Practice and Remedies Code.
SECTION 4. This Act takes effect September 1, 2023.
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