Texas 2025 - 89th Regular

Texas Senate Bill SB1233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hancock, Sparks S.B. No. 1233
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	2	+	(In the Senate - Filed February 11, 2025;
	3	+	February 28, 2025, read first time and referred to Committee on
	4	+	Health & Human Services; April 7, 2025, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 6, Nays
	6	+	1; April 7, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1233 By: Perry
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to information regarding perinatal palliative care;
9	14		creating an administrative penalty.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. This Act may be cited as the Perinatal Palliative
12	17		Care Act.
13	18		SECTION 2. The legislature finds that:
14	19		(1) palliative care is a critical form of care
15	20		provided to alleviate the pain and suffering of individuals with
16	21		severe life-threatening or life-limiting illnesses or medical
17	22		conditions;
18	23		(2) in approximately two percent of pregnancies, the
19	24		unborn child is diagnosed with a life-threatening or life-limiting
20	25		illness or medical condition that may result in the child's death
21	26		before or shortly after birth; and
22	27		(3) since the lives of unborn children are no longer
23	28		prematurely taken by abortion in this state, many of the children
24	29		described by Subdivision (2) of this section are born alive.
25	30		SECTION 3. Chapter 161, Health and Safety Code, is amended
26	31		by adding Subchapter Z to read as follows:
27	32		SUBCHAPTER Z. PERINATAL PALLIATIVE CARE
28	33		Sec. 161.751. PURPOSE OF SUBCHAPTER. The purpose of this
29	34		subchapter is to ensure a pregnant woman whose unborn child is
30	35		diagnosed with a life-threatening or life-limiting illness or
31	36		medical condition is informed of the availability of perinatal
32	37		palliative care.
33	38		Sec. 161.752. DEFINITIONS. In this subchapter:
34	39		(1) "Health care provider" has the meaning assigned by
35	40		Section 34.001.
36	41		(2) "Perinatal palliative care" means the provision of
37	42		comprehensive, supportive care to reduce the suffering of a woman
38	43		who is pregnant or delivers a child, her unborn child or infant, and
39	44		her family, from diagnosis of the unborn child's life-threatening
40	45		or life-limiting illness or medical condition through the duration
41	46		of the perinatal period and possible death as a result of the
42	47		illness or condition. The care may be provided concurrently with
43	48		methods of treatment or therapies that seek to cure or minimize the
44	49		effects of the illness or condition. The term:
45	50		(A) includes medical, social, and mental health
46	51		care, including counseling regarding treatment options, education,
47	52		informed consent, and expression of desires, and health care
48	53		provided by maternal-fetal medical specialists, obstetricians,
49	54		neonatologists, anesthesia specialists, specialty nurses, clergy,
50	55		social workers, and other individuals focused on alleviating fear
51	56		and pain and ensuring the woman, her unborn child or infant, and her
52	57		family experience a supportive environment; and
53	58		(B) does not include an act or omission intended
54	59		to cause or hasten an unborn child's death.
55		-	(3) "Perinatal period" means the period beginning at
	60	+	(3) "Perinatal period" means the period beginning before
56	61		conception and ending on an infant's first birthday.
57	62		Sec. 161.753. PERINATAL PALLIATIVE CARE INFORMATIONAL
58	63		MATERIALS. (a) The commission, in collaboration with the
59	64		department and the Palliative Care Interdisciplinary Advisory
60	65		Council established under Chapter 118, shall develop perinatal
61	66		palliative care informational materials and post the materials on
62	67		the commission's Internet website. The materials must include:
63	68		(1) a description of the health care and other
64	69		services available through perinatal palliative care; and
65	70		(2) information about medical assistance benefits
66	71		that may be available for prenatal care, childbirth, and perinatal
67	72		palliative care.
68	73		(b) The commission shall develop, regularly update, and
69	74		publish a geographically indexed list of perinatal palliative care
70	75		providers and programs in this state. The list must include the
71	76		name, physical address, and phone number of each provider or
72	77		program. The commission may include perinatal palliative care
73	78		providers and programs in other states that provide care to
74	79		residents of this state but may not include an abortion provider, as
75	80		defined by Section 171.002, or an affiliate, as defined by Section
76	81		2273.001, Government Code, of an abortion provider unless the
77	82		provider or affiliate performs abortions only during a medical
78	83		emergency as defined by Section 171.002.
79	84		(c) The commission shall post on the commission's Internet
80	85		website the list of perinatal palliative care providers and
81	86		programs, including the contact information, and note the providers
82	87		and programs that provide services free of charge.
83	88		Sec. 161.754. PERINATAL PALLIATIVE CARE CERTIFICATION
84	89		FORM. The commission, in collaboration with the department, shall
85	90		develop a form on which a pregnant woman certifies she received the
86	91		perinatal palliative care informational materials and list of the
87	92		perinatal palliative care providers and programs described by
88	93		Section 161.753.
89	94		Sec. 161.755. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF
90	95		UNBORN CHILD'S LIFE-THREATENING OR LIFE-LIMITING ILLNESS OR
91	96		MEDICAL CONDITION. A health care provider who diagnoses a pregnant
92	97		woman's unborn child as having a life-threatening or life-limiting
93	98		illness or medical condition shall, at the time of the diagnosis:
94	99		(1) provide the pregnant woman with a written copy of:
95	100		(A) the perinatal palliative care informational
96	101		materials and list of the perinatal palliative care providers and
97	102		programs described by Section 161.753; and
98	103		(B) the perinatal palliative care certification
99	104		form described by Section 161.754; and
100	105		(2) obtain from the pregnant woman the signed
101	106		perinatal palliative care certification form and place the form in
102	107		the pregnant woman's medical records.
103	108		Sec. 161.756. EXCEPTION. A health care provider is not
104	109		required to provide the perinatal palliative care informational
105	110		materials or perinatal palliative care certification form under
106	111		this subchapter if the health care provider verifies the pregnant
107	112		woman's medical record contains a signed perinatal palliative care
108	113		certification form for that pregnancy as required under Section
109	114		161.755(2).
110	115		Sec. 161.757. COMPLAINTS; DISCIPLINARY ACTION;
111	116		ADMINISTRATIVE PENALTY. (a) If a health care provider fails to
112	117		provide to a pregnant woman the perinatal palliative care
113	118		informational materials as required by Section 161.755, the woman
114	119		may submit a complaint to the commission in the form and manner the
115	120		commission prescribes.
116	121		(b) A health care provider who violates Section 161.755 is
117	122		subject to disciplinary action by the state licensing agency that
118	123		regulates the provider. On determining the provider committed a
119	124		violation, the agency shall:
120	125		(1) for an initial violation, issue a written warning
121	126		to the provider; and
122	127		(2) for each subsequent violation, impose on the
123	128		provider an administrative penalty in the amount of $1,000.
124	129		SECTION 4. This Act takes effect September 1, 2025.
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