By: Zwiener H.B. No. 5427
A BILL TO BE ENTITLED
AN ACT
relating to prohibited conduct, enforcement actions, and
proceedings concerning a pregnancy loss and to the provision of
pregnancy loss information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 174 to read as follows:
CHAPTER 174. PROHIBITED REPORT, DISCLOSURE, AND CRIMINAL OR CIVIL
ENFORCEMENT OF PREGNANCY LOSS
Sec. 174.001. DEFINITIONS. In this chapter:
(1) "Abortion" has the meaning assigned by Section
245.002.
(2) "Electronic communication" means a communication
facilitated through use of an electronic device, including a
cellular telephone, computer, computer network, personal data
assistant, or pager. The term includes an e-mail, a text message,
an instant message, and any communication through a mobile
application for electronic devices or through an Internet website.
(3) "Health care professional" means an individual who
is licensed, certified, or otherwise authorized by state law to
provide health care services in the ordinary course of business or
practice of a profession.
(4) "Medical record" means a record in any form or
medium that a health care professional creates or receives to
document a patient's personal health information, including
medical history, diagnosis, treatment, or prognosis information.
(5) "Miscarriage" means the natural or accidental
termination of a pregnancy occurring before a probable gestational
age of not more than 20 completed weeks.
(6) "Pregnancy loss" means an intentional or
unintentional termination of a pregnancy at any stage. The term
includes a miscarriage, stillbirth, and abortion.
(7) "Pregnancy loss-related complication" means a
physical or psychological condition arising from a pregnancy loss.
The term includes a hemorrhage, an infection, a uterine
perforation, depression, anxiety, or post-traumatic stress
disorder.
(8) "Stillbirth" has the meaning assigned by Section
192.0022.
Sec. 174.002. PROHIBITED REPORT OR DISCLOSURE OF PREGNANCY
LOSS BY CERTAIN HEALTH CARE PROFESSIONALS. (a) Notwithstanding
any other law and except as required by federal law, a health care
professional providing health care services to a patient who
experiences a pregnancy loss, or who the health care professional
reasonably suspects has experienced a pregnancy loss, may not
report or disclose that information to a peace officer or law
enforcement agency.
(b) A health care professional's violation of Subsection
(a) constitutes a violation of Chapter 181 and the health care
professional is subject to enforcement actions under Subchapter E
of that chapter, including an action for injunctive relief or a
civil penalty and disciplinary action by the appropriate licensing
authority.
Sec. 174.003. UNLAWFUL ACCESS OR DISCLOSURE OF MEDICAL
RECORDS ON PREGNANCY LOSS. A person who knowingly accesses or
discloses information contained in an individual's medical records
disclosed in violation of this chapter or other law is considered to
be in violation of Chapter 181 and the person is subject to
enforcement actions under Subchapter E of that chapter, including
an action for injunctive relief or a civil penalty and disciplinary
action by the appropriate licensing authority.
Sec. 174.004. PROHIBITED REPORT TO LAW ENFORCEMENT.
Notwithstanding any other law and unless the circumstances
constitute a clear and present danger to an individual who
experienced a pregnancy loss, a person may not use the individual's
pregnancy loss experience as the basis for filing a report to a
peace officer or law enforcement agency.
Sec. 174.005. PROHIBITED ENFORCEMENT OF CRIMINAL OFFENSE.
A health care professional's treatment for pregnancy loss-related
complications does not through the treatment alone constitute
probable cause for the arrest or detainment of an individual for an
offense under:
(1) Chapter 170A;
(2) Chapter 171; or
(3) Chapter 6-1/2, Title 71, Revised Statutes.
Sec. 174.006. REQUIRED CONSENT FOR INTERVIEW OR QUESTIONING
ON PREGNANCY LOSS. (a) A peace officer may not conduct an
interview with or otherwise question an individual for any purpose
regarding a pregnancy loss the individual experienced or may have
experienced unless the peace officer obtains the individual's
written consent for the interview or questioning.
(b) A statement a peace officer obtains in violation of
Subsection (a) is not admissible as evidence in any proceeding
concerning the matter about which the statement was given.
Sec. 174.007. PREGNANCY LOSS MEDICAL RECORDS AND
COMMUNICATIONS NOT SUBJECT TO DISCLOSURE. (a) Except as provided
by Subsection (b), in a civil action or criminal proceeding related
to an individual's pregnancy loss, the individual's medical records
or electronic communications are not:
(1) admissible as evidence;
(2) subject to disclosure, inspection, or copying
under Chapter 552, Government Code; and
(3) subject to discovery, subpoena, or other means of
legal compulsion for the release of the records or communications.
(b) Subsection (a) shall not apply if:
(1) The individual who experienced pregnancy loss
provides informed, written consent to the particular use of the
records or communications, or;
(2) The records are being used in a criminal
proceeding by the prosecution in a domestic or family violence case
where the individual experiencing pregnancy loss was the victim.
Sec. 174.008. STATEMENT OR TESTIMONY OF INDIVIDUAL WHO
EXPERIENCED PREGNANCY LOSS. (a) In a civil action related to an
individual's pregnancy loss, including an action filed under
Section 171.208, the individual may not be compelled to make a
statement during a deposition or testify.
(b) The court or the counsel in an action described by
Subsection (a) may not comment on the individual's refusal to make a
statement or testify, and the trier of fact may not draw any adverse
inference from the individual's refusal to make a statement or
testify.
Sec. 174.009. PREGNANCY LOSS EDUCATIONAL AND INFORMATIONAL
MATERIALS. (a) The commission shall develop for health care
professionals educational materials on the requirements of this
chapter and the importance of protecting the privacy of individuals
who experience pregnancy loss. The materials must include:
(1) information on a health care professional's duties
under this chapter;
(2) guidance on best practices for a health care
professional to maintain patient confidentiality; and
(3) information on available training courses on
appropriate patient support services available through licensed
medical practices or facilities regulated by the Texas Medical
Board.
(b) The commission shall develop informational materials
for individuals who experience a pregnancy loss. The materials
must include:
(1) information on the privacy rights afforded under
this chapter to individuals who experience a pregnancy loss;
(2) contact information for available support
services available through licensed medical practices or
facilities regulated by the Texas Medical Board, including
counseling and mental health services; and
(3) guidance on the procedure for submitting a
complaint to the commission under Section 174.010.
(c) The commission shall publish the educational and
informational materials described by Subsections (a) and (b) on the
commission's Internet website.
(d) A health care professional who provides health care
services to a patient who experiences pregnancy loss shall provide
to the patient a written copy of the informational materials
described by Subsection (b).
Sec. 174.010. COMPLAINT PROCEDURE; CONFIDENTIAL
INFORMATION. (a) The commission shall implement a procedure for
individuals to submit to the commission a confidential complaint
alleging a violation of this chapter. The procedure must include an
anonymous hotline and an online portal for submitting a complaint.
(b) The executive commissioner shall adopt rules to
implement and administer the complaint process, including rules
establishing procedures for the commission to investigate and
respond to alleged violations of this chapter identified in a
complaint.
(c) Any personally identifying information in a patient's
medical records or electronic communications acquired by the
commission under this section is confidential and is not subject to
disclosure under Chapter 552, Government Code.
SECTION 2. Section 174.006, Health and Safety Code, as
added by this Act, applies only to an interview or other questioning
that occurs on or after the effective date of this Act. An
interview or other questioning that occurs before the effective
date of this Act is governed by the law in effect on the date the
interview or other questioning occurred, and the former law is
continued in effect for that purpose.
SECTION 3. Sections 174.007 and 174.008, Health and Safety
Code, as added by this Act, apply only to a civil action or criminal
proceeding related to an individual's pregnancy loss that is filed
on or after the effective date of this Act. A civil action or
criminal proceeding that is filed before the effective date of this
Act is governed by the law in effect on the date the action or
proceeding began, and the former law is continued in effect for that
purpose.
SECTION 4. (a) Not later than December 31, 2025, the Health
and Human Services Commission shall develop and publish on the
commission's Internet website the educational and informational
materials required by Section 174.009, Health and Safety Code, as
added by this Act.
(b) Notwithstanding Section 174.009(d), Health and Safety
Code, as added by this Act, a health care professional who provides
health care services to a patient who experiences a pregnancy loss
is not required to comply with that provision until January 1, 2026.
SECTION 5. As soon as practicable after the effective date
of this Act but not later than January 1, 2026, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to implement and administer Section 174.010,
Health and Safety Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2025.