Bill Text: TX SB137 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to limitations on pelvic examinations; authorizing disciplinary action, including an administrative penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-03 - Referred to Health & Human Services [SB137 Detail]

Download: Texas-2021-SB137-Introduced.html

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87R423 EAS-D
By: Johnson S.B. No. 137

A BILL TO BE ENTITLED
AN ACT
relating to limitations on pelvic examinations; authorizing
disciplinary action, including an administrative penalty.
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 167A to read as follows:
CHAPTER 167A. PELVIC EXAMINATIONS
Sec. 167A.001. DEFINITIONS. In this chapter:
(1) "Health care practitioner" means a physician,
physician assistant, or advanced practice registered nurse
licensed to practice in this state.
(2) "Pelvic examination" means a physical examination
by a health care practitioner of a female's external and internal
reproductive organs, genitalia, or rectum.
Sec. 167A.002. LIMITATIONS ON PELVIC EXAMINATIONS. A
health care practitioner may perform or delegate to another
individual, including a student training to become a health care
practitioner, to perform a pelvic examination on a patient only if:
(1) the pelvic examination is within the standard of
care for diagnosis or treatment of the patient's medical condition;
and
(2) either:
(A) the patient or the patient's legally
authorized representative gives informed consent for the pelvic
examination that provides notice of the pelvic examination and
identifies each individual who will be performing or observing the
pelvic examination; or
(B) for a patient who is unconscious or
anesthetized, the pelvic examination is immediately necessary for
diagnosis or treatment of the patient's medical condition.
Sec. 167A.003. DISCIPLINARY ACTION. A health care
practitioner who violates Section 167A.002 is subject to
disciplinary action, including the imposition of an administrative
penalty, by the state regulatory agency that issues a license to the
practitioner.
SECTION 2. Section 164.052(a), Occupations Code, is amended
to read as follows:
(a) A physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) presents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3) commits fraud or deception in taking or passing an
examination;
(4) uses alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(5) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6) uses an advertising statement that is false,
misleading, or deceptive;
(7) advertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a medical degree, license,
certificate, or diploma, or a transcript of a license, certificate,
or diploma in or incident to an application to the board for a
license to practice medicine;
(9) alters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10) uses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
has been:
(A) fraudulently purchased or issued;
(B) counterfeited; or
(C) materially altered;
(11) impersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12) engages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13) impersonates a physician or permits another to
use the person's license or certificate to practice medicine in
this state;
(14) directly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15) associates in the practice of medicine with a
person:
(A) whose license to practice medicine has been
suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16) performs or procures a criminal abortion, aids or
abets in the procuring of a criminal abortion, attempts to perform
or procure a criminal abortion, or attempts to aid or abet the
performance or procurement of a criminal abortion;
(17) directly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
that is not licensed to practice medicine by the board;
(18) performs an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A) the abortion is necessary to prevent the
death of the woman;
(B) the viable unborn child has a severe,
irreversible brain impairment; or
(C) the woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19) performs an abortion on an unemancipated minor
without the written consent of the child's parent, managing
conservator, or legal guardian or without a court order, as
provided by Section 33.003 or 33.004, Family Code, unless the
abortion is necessary due to a medical emergency, as defined by
Section 171.002, Health and Safety Code;
(20) otherwise performs an abortion on an
unemancipated minor in violation of Chapter 33, Family Code;
(21) performs or induces or attempts to perform or
induce an abortion in violation of Subchapter C, F, or G, Chapter
171, Health and Safety Code; [or]
(22) in complying with the procedures outlined in
Sections 166.045 and 166.046, Health and Safety Code, wilfully
fails to make a reasonable effort to transfer a patient to a
physician who is willing to comply with a directive; or
(23) performs or delegates to another individual to
perform a pelvic examination in violation of Section 167A.002,
Health and Safety Code.
SECTION 3. The changes in law made by this Act apply only to
a pelvic examination performed on or after the effective date of
this Act. A pelvic examination performed before the effective date
of this Act is governed by the law in effect when the pelvic
examination occurred, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2021.