Texas 2025 - 89th Regular

Texas House Bill HB5427 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Zwiener H.B. No. 5427
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to prohibited conduct, enforcement actions, and
7	9		proceedings concerning a pregnancy loss and to the provision of
8	10		pregnancy loss information.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
11	13		amended by adding Chapter 174 to read as follows:
12	14		CHAPTER 174. PROHIBITED REPORT, DISCLOSURE, AND CRIMINAL OR CIVIL
13	15		ENFORCEMENT OF PREGNANCY LOSS
14	16		Sec. 174.001. DEFINITIONS. In this chapter:
15	17		(1) "Abortion" has the meaning assigned by Section
16	18		245.002.
17	19		(2) "Electronic communication" means a communication
18	20		facilitated through use of an electronic device, including a
19	21		cellular telephone, computer, computer network, personal data
20	22		assistant, or pager. The term includes an e-mail, a text message,
21	23		an instant message, and any communication through a mobile
22	24		application for electronic devices or through an Internet website.
23	25		(3) "Health care professional" means an individual who
24	26		is licensed, certified, or otherwise authorized by state law to
25	27		provide health care services in the ordinary course of business or
26	28		practice of a profession.
27	29		(4) "Medical record" means a record in any form or
28	30		medium that a health care professional creates or receives to
29	31		document a patient's personal health information, including
30	32		medical history, diagnosis, treatment, or prognosis information.
31	33		(5) "Miscarriage" means the natural or accidental
32	34		termination of a pregnancy occurring before a probable gestational
33	35		age of not more than 20 completed weeks.
34	36		(6) "Pregnancy loss" means an intentional or
35	37		unintentional termination of a pregnancy at any stage. The term
36	38		includes a miscarriage, stillbirth, and abortion.
37	39		(7) "Pregnancy loss-related complication" means a
38	40		physical or psychological condition arising from a pregnancy loss.
39	41		The term includes a hemorrhage, an infection, a uterine
40	42		perforation, depression, anxiety, or post-traumatic stress
41	43		disorder.
42	44		(8) "Stillbirth" has the meaning assigned by Section
43	45		192.0022.
44	46		Sec. 174.002. PROHIBITED REPORT OR DISCLOSURE OF PREGNANCY
45	47		LOSS BY CERTAIN HEALTH CARE PROFESSIONALS. (a) Notwithstanding
46	48		any other law and except as required by federal law, a health care
47	49		professional providing health care services to a patient who
48	50		experiences a pregnancy loss, or who the health care professional
49	51		reasonably suspects has experienced a pregnancy loss, may not
50	52		report or disclose that information to a peace officer or law
51	53		enforcement agency.
52	54		(b) A health care professional's violation of Subsection
53	55		(a) constitutes a violation of Chapter 181 and the health care
54	56		professional is subject to enforcement actions under Subchapter E
55	57		of that chapter, including an action for injunctive relief or a
56	58		civil penalty and disciplinary action by the appropriate licensing
57	59		authority.
58	60		Sec. 174.003. UNLAWFUL ACCESS OR DISCLOSURE OF MEDICAL
59	61		RECORDS ON PREGNANCY LOSS. A person who knowingly accesses or
60	62		discloses information contained in an individual's medical records
61	63		disclosed in violation of this chapter or other law is considered to
62	64		be in violation of Chapter 181 and the person is subject to
63	65		enforcement actions under Subchapter E of that chapter, including
64	66		an action for injunctive relief or a civil penalty and disciplinary
65	67		action by the appropriate licensing authority.
66	68		Sec. 174.004. PROHIBITED REPORT TO LAW ENFORCEMENT.
67	69		Notwithstanding any other law and unless the circumstances
68	70		constitute a clear and present danger to an individual who
69	71		experienced a pregnancy loss, a person may not use the individual's
70	72		pregnancy loss experience as the basis for filing a report to a
71	73		peace officer or law enforcement agency.
72	74		Sec. 174.005. PROHIBITED ENFORCEMENT OF CRIMINAL OFFENSE.
73	75		A health care professional's treatment for pregnancy loss-related
74	76		complications does not through the treatment alone constitute
75	77		probable cause for the arrest or detainment of an individual for an
76	78		offense under:
77	79		(1) Chapter 170A;
78	80		(2) Chapter 171; or
79	81		(3) Chapter 6-1/2, Title 71, Revised Statutes.
80	82		Sec. 174.006. REQUIRED CONSENT FOR INTERVIEW OR QUESTIONING
81	83		ON PREGNANCY LOSS. (a) A peace officer may not conduct an
82	84		interview with or otherwise question an individual for any purpose
83	85		regarding a pregnancy loss the individual experienced or may have
84	86		experienced unless the peace officer obtains the individual's
85	87		written consent for the interview or questioning.
86	88		(b) A statement a peace officer obtains in violation of
87	89		Subsection (a) is not admissible as evidence in any proceeding
88	90		concerning the matter about which the statement was given.
89	91		Sec. 174.007. PREGNANCY LOSS MEDICAL RECORDS AND
90	92		COMMUNICATIONS NOT SUBJECT TO DISCLOSURE. (a) Except as provided
91	93		by Subsection (b), in a civil action or criminal proceeding related
92	94		to an individual's pregnancy loss, the individual's medical records
93	95		or electronic communications are not:
94	96		(1) admissible as evidence;
95	97		(2) subject to disclosure, inspection, or copying
96	98		under Chapter 552, Government Code; and
97	99		(3) subject to discovery, subpoena, or other means of
98	100		legal compulsion for the release of the records or communications.
99	101		(b) Subsection (a) shall not apply if:
100	102		(1) The individual who experienced pregnancy loss
101	103		provides informed, written consent to the particular use of the
102	104		records or communications, or;
103	105		(2) The records are being used in a criminal
104	106		proceeding by the prosecution in a domestic or family violence case
105	107		where the individual experiencing pregnancy loss was the victim.
106	108		Sec. 174.008. STATEMENT OR TESTIMONY OF INDIVIDUAL WHO
107	109		EXPERIENCED PREGNANCY LOSS. (a) In a civil action related to an
108	110		individual's pregnancy loss, including an action filed under
109	111		Section 171.208, the individual may not be compelled to make a
110	112		statement during a deposition or testify.
111	113		(b) The court or the counsel in an action described by
112	114		Subsection (a) may not comment on the individual's refusal to make a
113	115		statement or testify, and the trier of fact may not draw any adverse
114	116		inference from the individual's refusal to make a statement or
115	117		testify.
116	118		Sec. 174.009. PREGNANCY LOSS EDUCATIONAL AND INFORMATIONAL
117	119		MATERIALS. (a) The commission shall develop for health care
118	120		professionals educational materials on the requirements of this
119	121		chapter and the importance of protecting the privacy of individuals
120	122		who experience pregnancy loss. The materials must include:
121	123		(1) information on a health care professional's duties
122	124		under this chapter;
123	125		(2) guidance on best practices for a health care
124	126		professional to maintain patient confidentiality; and
125	127		(3) information on available training courses on
126	128		appropriate patient support services available through licensed
127	129		medical practices or facilities regulated by the Texas Medical
128	130		Board.
129	131		(b) The commission shall develop informational materials
130	132		for individuals who experience a pregnancy loss. The materials
131	133		must include:
132	134		(1) information on the privacy rights afforded under
133	135		this chapter to individuals who experience a pregnancy loss;
134	136		(2) contact information for available support
135	137		services available through licensed medical practices or
136	138		facilities regulated by the Texas Medical Board, including
137	139		counseling and mental health services; and
138	140		(3) guidance on the procedure for submitting a
139	141		complaint to the commission under Section 174.010.
140	142		(c) The commission shall publish the educational and
141	143		informational materials described by Subsections (a) and (b) on the
142	144		commission's Internet website.
143	145		(d) A health care professional who provides health care
144	146		services to a patient who experiences pregnancy loss shall provide
145	147		to the patient a written copy of the informational materials
146	148		described by Subsection (b).
147	149		Sec. 174.010. COMPLAINT PROCEDURE; CONFIDENTIAL
148	150		INFORMATION. (a) The commission shall implement a procedure for
149	151		individuals to submit to the commission a confidential complaint
150	152		alleging a violation of this chapter. The procedure must include an
151	153		anonymous hotline and an online portal for submitting a complaint.
152	154		(b) The executive commissioner shall adopt rules to
153	155		implement and administer the complaint process, including rules
154	156		establishing procedures for the commission to investigate and
155	157		respond to alleged violations of this chapter identified in a
156	158		complaint.
157	159		(c) Any personally identifying information in a patient's
158	160		medical records or electronic communications acquired by the
159	161		commission under this section is confidential and is not subject to
160	162		disclosure under Chapter 552, Government Code.
161	163		SECTION 2. Section 174.006, Health and Safety Code, as
162	164		added by this Act, applies only to an interview or other questioning
163	165		that occurs on or after the effective date of this Act. An
164	166		interview or other questioning that occurs before the effective
165	167		date of this Act is governed by the law in effect on the date the
166	168		interview or other questioning occurred, and the former law is
167	169		continued in effect for that purpose.
168	170		SECTION 3. Sections 174.007 and 174.008, Health and Safety
169	171		Code, as added by this Act, apply only to a civil action or criminal
170	172		proceeding related to an individual's pregnancy loss that is filed
171	173		on or after the effective date of this Act. A civil action or
172	174		criminal proceeding that is filed before the effective date of this
173	175		Act is governed by the law in effect on the date the action or
174	176		proceeding began, and the former law is continued in effect for that
175	177		purpose.
176	178		SECTION 4. (a) Not later than December 31, 2025, the Health
177	179		and Human Services Commission shall develop and publish on the
178	180		commission's Internet website the educational and informational
179	181		materials required by Section 174.009, Health and Safety Code, as
180	182		added by this Act.
181	183		(b) Notwithstanding Section 174.009(d), Health and Safety
182	184		Code, as added by this Act, a health care professional who provides
183	185		health care services to a patient who experiences a pregnancy loss
184	186		is not required to comply with that provision until January 1, 2026.
185	187		SECTION 5. As soon as practicable after the effective date
186	188		of this Act but not later than January 1, 2026, the executive
187	189		commissioner of the Health and Human Services Commission shall
188	190		adopt rules necessary to implement and administer Section 174.010,
189	191		Health and Safety Code, as added by this Act.
190	192		SECTION 6. This Act takes effect September 1, 2025.