Texas 2023 - 88th Regular

Texas House Bill HB3058 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3058
2	2
3	3
4	4	AN ACT
5	5	relating to the provision of certain medical treatment to a
6	6	pregnant woman by a physician or health care provider.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 74, Civil Practice and Remedies Code, is
9	9	amended by adding Subchapter L to read as follows:
10	10	SUBCHAPTER L. ACTIONS ARISING FROM PREGNANCY COMPLICATIONS
11	11	Sec. 74.551. APPLICATION. An action to which Section
12	12	74.552 applies is a health care liability claim for purposes of this
13	13	chapter and is subject to the same requirements as any other health
14	14	care liability claim.
15	15	Sec. 74.552. AFFIRMATIVE DEFENSE IN CERTAIN ACTIONS ARISING
16	16	FROM CERTAIN PREGNANCY COMPLICATIONS. (a) It is an affirmative
17	17	defense to liability in a civil action brought against a physician
18	18	or health care provider for a violation of Section 170A.002, Health
19	19	and Safety Code, including an action to recover a civil penalty
20	20	under Section 170A.005, Health and Safety Code, that the physician
21	21	or health care provider exercised reasonable medical judgment in
22	22	providing medical treatment to a pregnant woman in response to:
23	23	(1) an ectopic pregnancy at any location; or
24	24	(2) a previable premature rupture of membranes.
25	25	(b) A pharmacist or pharmacy that receives, processes, or
26	26	dispenses a prescription drug or medication order written by a
27	27	physician or health care provider to whom Subsection (a) applies is
28	28	entitled to the affirmative defense provided by Subsection (a).
29	29	(c) This section does not create a civil cause of action.
30	30	SECTION 2. Section 164.055, Occupations Code, is amended by
31	31	adding Subsection (c) to read as follows:
32	32	(c) Notwithstanding Subsection (a), the board may not take
33	33	disciplinary action against a physician who exercised reasonable
34	34	medical judgment in providing medical treatment to a pregnant woman
35	35	as described by Section 74.552, Civil Practice and Remedies Code.
36	36	SECTION 3. Subchapter C, Chapter 9, Penal Code, is amended
37	37	by adding Section 9.35 to read as follows:
38	38	Sec. 9.35. CERTAIN MEDICAL TREATMENT PROVIDED TO PREGNANT
39	39	WOMAN. A physician or health care provider is justified in
40	40	exercising reasonable medical judgment in providing medical
41	41	treatment to a pregnant woman as described by Section 74.552, Civil
42	42	Practice and Remedies Code.
43	43	SECTION 4. This Act takes effect September 1, 2023.
44	44	______________________________ ______________________________
45	45	President of the Senate Speaker of the House
46	46	I certify that H.B. No. 3058 was passed by the House on May
47	47	12, 2023, by the following vote: Yeas 109, Nays 31, 2 present, not
48	48	voting; and that the House concurred in Senate amendments to H.B.
49	49	No. 3058 on May 26, 2023, by the following vote: Yeas 128, Nays 12,
50	50	1 present, not voting.
51	51	______________________________
52	52	Chief Clerk of the House
53	53	I certify that H.B. No. 3058 was passed by the Senate, with
54	54	amendments, on May 24, 2023, by the following vote: Yeas 31, Nays
55	55	0.
56	56	______________________________
57	57	Secretary of the Senate
58	58	APPROVED: __________________
59	59	Date
60	60	__________________
61	61	Governor