Texas 2023 - 88th Regular

Texas House Bill HB41 Compare Versions

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Version 2 (New)

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1	1	88R617 EAS-D
2	2	By: Toth H.B. No. 41
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.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 161, Health and Safety Code, is amended
13	13	by adding Subchapter X to read as follows:
14	14	SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT
15	15	PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
16	16	Sec. 161.701. DEFINITIONS. In this subchapter:
17	17	(1) "Child" means an individual who is younger than 18
18	18	years of age.
19	19	(2) "Health care provider" means a person other than a
20	20	physician who is licensed, certified, or otherwise authorized by
21	21	the laws of this state to provide or render health care or to
22	22	dispense or prescribe a prescription drug in the ordinary course of
23	23	business or practice of a profession.
24	24	(3) "Physician" means a person licensed to practice
25	25	medicine in this state.
26	26	Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
27	27	OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
28	28	CHILDREN. For the purpose of transitioning a child's biological
29	29	sex as determined by the sex organs, chromosomes, and endogenous
30	30	profiles of the child or affirming the child's perception of the
31	31	child's sex if that perception is inconsistent with the child's
32	32	biological sex, a physician or health care provider may not:
33	33	(1) perform a surgery to sterilize the child,
34	34	including:
35	35	(A) castration;
36	36	(B) vasectomy;
37	37	(C) hysterectomy;
38	38	(D) oophorectomy;
39	39	(E) metoidioplasty;
40	40	(F) orchiectomy;
41	41	(G) penectomy;
42	42	(H) phalloplasty; and
43	43	(I) vaginoplasty;
44	44	(2) perform a mastectomy;
45	45	(3) provide, administer, prescribe, or dispense any of
46	46	the following prescription drugs that induce transient or permanent
47	47	infertility:
48	48	(A) puberty suppression or blocking prescription
49	49	drugs to stop or delay normal puberty;
50	50	(B) supraphysiologic doses of testosterone to
51	51	females; or
52	52	(C) supraphysiologic doses of estrogen to males;
53	53	or
54	54	(4) remove any otherwise healthy or non-diseased body
55	55	part or tissue.
56	56	Sec. 161.703. EXCEPTIONS. The prohibitions under Section
57	57	161.702 do not apply to the provision by a physician or health care
58	58	provider, with the consent of the child's parent or legal guardian,
59	59	of appropriate and medically necessary gender transitioning or
60	60	gender reassignment procedures or treatments to a child who:
61	61	(1) is born with a medically verifiable genetic
62	62	disorder of sex development, including:
63	63	(A) 46, XX chromosomes with virilization;
64	64	(B) 46, XY chromosomes with undervirilization;
65	65	or
66	66	(C) both ovarian and testicular tissue; or
67	67	(2) does not have the normal sex chromosome structure
68	68	for male or female as determined by a physician through genetic
69	69	testing.
70	70	SECTION 2. Subchapter F, Chapter 1901, Insurance Code, is
71	71	amended by adding Section 1901.256 to read as follows:
72	72	Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN
73	73	GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A
74	74	professional liability insurance policy issued to a physician or
75	75	health care provider may not include coverage for damages assessed
76	76	against the physician or health care provider who provides to a
77	77	child gender transitioning or gender reassignment procedures or
78	78	treatments that are prohibited by Section 161.702, Health and
79	79	Safety Code.
80	80	SECTION 3. Section 164.052, Occupations Code, is amended by
81	81	amending Subsection (a) and adding Subsection (d) to read as
82	82	follows:
83	83	(a) A physician or an applicant for a license to practice
84	84	medicine commits a prohibited practice if that person:
85	85	(1) submits to the board a false or misleading
86	86	statement, document, or certificate in an application for a
87	87	license;
88	88	(2) presents to the board a license, certificate, or
89	89	diploma that was illegally or fraudulently obtained;
90	90	(3) commits fraud or deception in taking or passing an
91	91	examination;
92	92	(4) uses alcohol or drugs in an intemperate manner
93	93	that, in the board's opinion, could endanger a patient's life;
94	94	(5) commits unprofessional or dishonorable conduct
95	95	that is likely to deceive or defraud the public, as provided by
96	96	Section 164.053, or injure the public;
97	97	(6) uses an advertising statement that is false,
98	98	misleading, or deceptive;
99	99	(7) advertises professional superiority or the
100	100	performance of professional service in a superior manner if that
101	101	advertising is not readily subject to verification;
102	102	(8) purchases, sells, barters, or uses, or offers to
103	103	purchase, sell, barter, or use, a medical degree, license,
104	104	certificate, or diploma, or a transcript of a license, certificate,
105	105	or diploma in or incident to an application to the board for a
106	106	license to practice medicine;
107	107	(9) alters, with fraudulent intent, a medical license,
108	108	certificate, or diploma, or a transcript of a medical license,
109	109	certificate, or diploma;
110	110	(10) uses a medical license, certificate, or diploma,
111	111	or a transcript of a medical license, certificate, or diploma that
112	112	has been:
113	113	(A) fraudulently purchased or issued;
114	114	(B) counterfeited; or
115	115	(C) materially altered;
116	116	(11) impersonates or acts as proxy for another person
117	117	in an examination required by this subtitle for a medical license;
118	118	(12) engages in conduct that subverts or attempts to
119	119	subvert an examination process required by this subtitle for a
120	120	medical license;
121	121	(13) impersonates a physician or permits another to
122	122	use the person's license or certificate to practice medicine in
123	123	this state;
124	124	(14) directly or indirectly employs a person whose
125	125	license to practice medicine has been suspended, canceled, or
126	126	revoked;
127	127	(15) associates in the practice of medicine with a
128	128	person:
129	129	(A) whose license to practice medicine has been
130	130	suspended, canceled, or revoked; or
131	131	(B) who has been convicted of the unlawful
132	132	practice of medicine in this state or elsewhere;
133	133	(16) performs or procures a criminal abortion, aids or
134	134	abets in the procuring of a criminal abortion, attempts to perform
135	135	or procure a criminal abortion, or attempts to aid or abet the
136	136	performance or procurement of a criminal abortion;
137	137	(17) directly or indirectly aids or abets the practice
138	138	of medicine by a person, partnership, association, or corporation
139	139	that is not licensed to practice medicine by the board;
140	140	(18) performs an abortion on a woman who is pregnant
141	141	with a viable unborn child during the third trimester of the
142	142	pregnancy unless:
143	143	(A) the abortion is necessary to prevent the
144	144	death of the woman;
145	145	(B) the viable unborn child has a severe,
146	146	irreversible brain impairment; or
147	147	(C) the woman is diagnosed with a significant
148	148	likelihood of suffering imminent severe, irreversible brain damage
149	149	or imminent severe, irreversible paralysis;
150	150	(19) performs an abortion on an unemancipated minor
151	151	without the written consent of the child's parent, managing
152	152	conservator, or legal guardian or without a court order, as
153	153	provided by Section 33.003 or 33.004, Family Code, unless the
154	154	abortion is necessary due to a medical emergency, as defined by
155	155	Section 171.002, Health and Safety Code;
156	156	(20) otherwise performs an abortion on an
157	157	unemancipated minor in violation of Chapter 33, Family Code;
158	158	(21) performs or induces or attempts to perform or
159	159	induce an abortion in violation of Subchapter C, F, or G, Chapter
160	160	171, Health and Safety Code;
161	161	(22) in complying with the procedures outlined in
162	162	Sections 166.045 and 166.046, Health and Safety Code, wilfully
163	163	fails to make a reasonable effort to transfer a patient to a
164	164	physician who is willing to comply with a directive; [or]
165	165	(23) performs or delegates to another individual the
166	166	performance of a pelvic examination on an anesthetized or
167	167	unconscious patient in violation of Section 167A.002, Health and
168	168	Safety Code; or
169	169	(24) for the purpose of facilitating the gender
170	170	transition or treating the gender dysphoria of an unemancipated
171	171	minor:
172	172	(A) provides, administers, prescribes, or
173	173	dispenses a puberty suppression or blocking prescription drug or
174	174	cross-sex hormone to the minor, including by writing a false or
175	175	fictitious prescription; or
176	176	(B) performs or attempts to perform a surgical
177	177	intervention on the minor.
178	178	(d) Notwithstanding Subsection (a)(24), a physician or
179	179	applicant for a license to practice medicine does not commit a
180	180	prohibited practice if the physician or applicant provides a
181	181	puberty suppression or blocking prescription drug to an
182	182	unemancipated minor for the purpose of normalizing puberty for a
183	183	minor experiencing precocious puberty.
184	184	SECTION 4. Section 1901.256, Insurance Code, as added by
185	185	this Act, applies only to a medical professional liability
186	186	insurance policy that is delivered, issued for delivery, or renewed
187	187	on or after January 1, 2024. An insurance policy that is delivered,
188	188	issued for delivery, or renewed before January 1, 2024, is governed
189	189	by the law in effect immediately before the effective date of this
190	190	Act, and that law is continued in effect for that purpose.
191	191	SECTION 5. Section 164.052, Occupations Code, as amended by
192	192	this Act, applies only to conduct that occurs on or after the
193	193	effective date of this Act. Conduct that occurs before the
194	194	effective date of this Act is governed by the law in effect on the
195	195	date the conduct occurred, and the former law is continued in effect
196	196	for that purpose.
197	197	SECTION 6. This Act takes effect September 1, 2023.