| 1 | 1 | | 88R12836 JG-D |
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| 2 | 2 | | By: LaMantia S.B. No. 1637 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prohibited report or disclosure by health care |
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| 8 | 8 | | providers of certain health information. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 171A to read as follows: |
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| 12 | 12 | | CHAPTER 171A. PROHIBITED REPORT OR DISCLOSURE OF CERTAIN HEALTH |
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| 13 | 13 | | INFORMATION |
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| 14 | 14 | | Sec. 171A.001. PROHIBITED REPORT OR DISCLOSURE BY HEALTH |
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| 15 | 15 | | CARE PROVIDERS. Notwithstanding any other law, a physician or |
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| 16 | 16 | | other health care provider who provides health care services to a |
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| 17 | 17 | | patient who experienced a miscarriage or obtained an abortion or |
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| 18 | 18 | | who the physician or provider suspects may have experienced a |
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| 19 | 19 | | miscarriage or obtained an abortion is prohibited from reporting or |
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| 20 | 20 | | disclosing that information to a peace officer or law enforcement |
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| 21 | 21 | | agency. |
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| 22 | 22 | | Sec. 171A.002. ENFORCEMENT. The reporting or disclosure of |
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| 23 | 23 | | information prohibited under Section 171A.001 by a physician or |
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| 24 | 24 | | other health care provider constitutes a violation of Chapter 181 |
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| 25 | 25 | | and the physician or provider is subject to enforcement actions |
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| 26 | 26 | | under Subchapter E of that chapter, including disciplinary action |
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| 27 | 27 | | by the appropriate licensing authority. |
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| 28 | 28 | | Sec. 171A.003. RULES. The executive commissioner may adopt |
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| 29 | 29 | | rules to implement this chapter. |
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| 30 | 30 | | SECTION 2. Chapter 171A, Health and Safety Code, as added by |
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| 31 | 31 | | this Act, applies only to the report or disclosure of information |
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| 32 | 32 | | described by that chapter that occurs on or after the effective date |
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| 33 | 33 | | of this Act. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2023. |
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