Bill Text: TX HB1210 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to an exception from penalties for a physician's or health care professional's professional judgment in providing certain abortion services to patients.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2015-03-03 - Referred to State Affairs [HB1210 Detail]
Download: Texas-2015-HB1210-Introduced.html
84R6307 SCL-F | ||
By: Howard | H.B. No. 1210 |
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relating to an exception from penalties for a physician's or health | ||
care professional's professional judgment in providing certain | ||
abortion services to patients. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 171, Health and Safety | ||
Code, is amended by adding Section 171.006 to read as follows: | ||
Sec. 171.006. PROFESSIONAL JUDGMENT EXCEPTION TO | ||
PENALTIES. (a) In this section, "health care professional" means | ||
an individual licensed, certified, or otherwise authorized to | ||
administer health care in this state in the ordinary course of | ||
business or professional practice. The term does not include a | ||
health care facility. | ||
(b) Notwithstanding Sections 171.018 and 171.064 of this | ||
code and Chapter 164, Occupations Code, a health care professional, | ||
including a physician, is not subject to an administrative, civil, | ||
or criminal penalty for the professional's failure to comply with | ||
Section 171.012(a)(1)(B)(iii), 171.012(a)(2)-(6), 171.013, or | ||
171.063 as that section applies to a specific patient if in the | ||
professional's good faith professional judgment, compliance with | ||
that section in that patient's case would be inconsistent with | ||
accepted, evidence-based medical practices and ethical standards. | ||
(c) This section does not affect the professional standard | ||
of care applicable to a health care professional, including a | ||
physician. | ||
SECTION 2. This Act applies only to health care services | ||
rendered on or after the effective date of this Act. Health care | ||
services rendered before the effective date of this Act are | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law continues in effect for that purpose. | ||
SECTION 3. 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, 2015. |