Bill Text: TX HB5071 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to privacy protections for individuals experiencing pregnancy loss.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Public Health [HB5071 Detail]
Download: Texas-2023-HB5071-Introduced.html
| By: Zwiener | H.B. No. 5071 | |
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| Relating to privacy protections for individuals experiencing | ||
| pregnancy loss. | ||
| 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 OFFENSE | ||
| ENFORCEMENT AND PREGNANCY LOSS | ||
| Sec. 174.001. APPLICABILITY. This chapter applies to the | ||
| loss of a pregnancy that occurs intentionally or unintentionally. | ||
| Sec. 174.002. PROHIBITED REPORT OR DISCLOSURE OF PREGNANCY | ||
| LOSS BY HEALTH CARE PROVIDERS. (a) Notwithstanding any other law, | ||
| a physician or other health care provider who provides health care | ||
| services to a patient who experiences a pregnancy loss or who the | ||
| physician or provider suspects may have experienced a pregnancy | ||
| loss is prohibited from reporting or disclosing that information to | ||
| a peace officer or law enforcement agency. | ||
| (b) The report or disclosure of information prohibited | ||
| under Subsection (a) by a physician or other health care provider | ||
| constitutes a violation of Chapter 181 and the physician or | ||
| provider is subject to enforcement actions under Subchapter E of | ||
| that chapter, including disciplinary action by the appropriate | ||
| licensing authority. | ||
| Sec. 174.003. PROHIBITED REPORT TO LAW ENFORCEMENT FOR | ||
| PREGNANCY LOSS. Notwithstanding any other law, an individual | ||
| experiencing pregnancy loss to which this chapter applies may not | ||
| be used by a person as the basis for filing: | ||
| (1) A child abuse report under Chapter 261. Family | ||
| Code; or | ||
| (2) A report with a peace officer or law enforcement | ||
| agency. | ||
| Sec. 174.004. PROHIBITED ENFORCEMENT AND INVESTIGATION OF | ||
| CRIMINAL OFFENSE. (a) A physician's or other health care | ||
| provider's treatment for the complications of a pregnancy loss does | ||
| not constitute probably cause for an arrest of an individual for an | ||
| offense under: | ||
| (1) Chapter 170A; | ||
| (2) Chapter 171; or | ||
| (3) Chapter 6-1/2, Title 71, Revised Statutes. | ||
| Sec. 174.005. PROHIBITED ENFORCEMENT AND INVESTIGATION OF | ||
| CRIMINAL OFFENSE. (a) Notwithstanding any other law, an | ||
| individual experiencing pregnancy loss to which this chapter | ||
| applies may not be used by a peace officer or law enforcement agency | ||
| as the basis for: | ||
| (1) Probable cause for arrest or detainment; or | ||
| (2) Compelling questioning in pursuit of an | ||
| investigation of the individual experiencing pregnancy loss or that | ||
| of another in relation to the individual experiencing pregnancy | ||
| loss; or | ||
| (3) A warrant for existing medical records or | ||
| electronic communications of the individual experiencing pregnancy | ||
| loss. | ||
| (b) This section applies to but is not limited to offenses | ||
| under: | ||
| (1) Chapter 170A; | ||
| (2) Chapter 171; or | ||
| (3) Chapter 6-1/2, Title 71, Revised Statutes. | ||
| Sec. 174.006. PROTECTIONS FOR PRIVATE RECORDS. (a) For | ||
| lawsuits related to pregnancy loss, including but not limited to | ||
| under Section 171.208, an individual who has experience pregnancy | ||
| loss shall not be compelled to: | ||
| (1) Testify or give deposition | ||
| (2) Release private medical records or electronic | ||
| communications | ||
| (b) A court may not order the release of private medical | ||
| records or electronic communications from a person who experienced | ||
| pregnancy loss. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
