89R5862 KRM-D
By: Schatzline H.B. No. 1652
A BILL TO BE ENTITLED
AN ACT
relating to parental rights regarding cancer treatment for
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter X, Chapter 161, Health
and Safety Code, as added by Chapter 819 (H.B. 1649), Acts of the
88th Legislature, Regular Session, 2023, is amended to read as
follows:
SUBCHAPTER X. [INFORMATION REGARDING RISK OF IMPAIRED FERTILITY
FROM] CANCER TREATMENTS FOR CHILDREN
SECTION 2. Subchapter X, Chapter 161, Health and Safety
Code, as added by Chapter 819 (H.B. 1649), Acts of the 88th
Legislature, Regular Session, 2023, is amended by adding Sections
161.6811 and 161.682 to read as follows:
Sec. 161.6811. DEFINITIONS. In this subchapter:
(1) "Child" means a person younger than 18 years of age
who:
(A) is not married; or
(B) has not had the disabilities of minority
removed for general purposes under Chapter 31, Family Code.
(2) "Parent" means a natural parent, stepparent,
adoptive parent, legal guardian, or other legal custodian of a
child.
Sec. 161.682. RIGHT TO ELECT CANCER TREATMENT. (a)
Notwithstanding any other law, a parent of a child who has been
diagnosed with cancer may elect for the child:
(1) to receive any available cancer treatment,
including an experimental treatment; or
(2) not to receive any cancer treatment.
(b) A health care provider, health benefit plan issuer, or
governmental entity, including the Department of Family and
Protective Services, may not penalize a parent for an election
authorized under Subsection (a).
SECTION 3. Section 161.681, Health and Safety Code, is
redesignated as Section 161.683, Health and Safety Code, and
amended to read as follows:
Sec. 161.683 [161.681]. NOTICE FOR CHILDREN RECEIVING
CHEMOTHERAPY OR RADIATION. (a) A health care facility at which a
child will begin receiving chemotherapy or radiation that may
directly or indirectly cause impaired fertility must, before the
treatment begins, notify the child's parents [or legal guardians]
of the risk of impaired fertility from treatment.
(b) The department shall develop and make available a
written notice for a health care facility to use for purposes of
this section.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.