Bill Text: TX HB1490 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prioritization of a pregnant individual's health when providing health care treatments; authorizing an administrative penalty.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to Public Health [HB1490 Detail]
Download: Texas-2023-HB1490-Introduced.html
| 88R3629 JG-D | ||
| By: Plesa | H.B. No. 1490 | |
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| relating to prioritization of a pregnant individual's health when | ||
| providing health care treatments; authorizing an administrative | ||
| penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 170A, Health and Safety Code, is amended | ||
| by adding Section 170A.008 to read as follows: | ||
| Sec. 170A.008. PRIORITIZATION OF PREGNANT INDIVIDUAL'S | ||
| HEALTH. (a) Notwithstanding any other law, a physician or health | ||
| care practitioner shall prioritize the health of a pregnant | ||
| individual over the health of the fetus the individual is carrying | ||
| when recommending a health care treatment for the individual, | ||
| regardless of whether the treatment poses a risk of injury or death | ||
| to the fetus. | ||
| (b) A pregnant individual retains the right to agree to or | ||
| refuse a health care treatment regardless of the physician's or | ||
| health care practitioner's recommendation under Subsection (a), | ||
| and the physician or practitioner may provide the treatment only | ||
| after obtaining the individual's informed consent. | ||
| (c) The appropriate licensing authority may impose an | ||
| administrative penalty against a physician or health care | ||
| practitioner who violates this section in the same manner and using | ||
| the same procedures as the authority uses to impose an | ||
| administrative penalty against a physician or practitioner who | ||
| violates the authority's licensing or other regulatory laws or | ||
| rules. | ||
| SECTION 2. 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, 2023. | ||
