Swanson bill on perinatal palliative care information

The text as introduced · 774 words

89R8985 MCF-F

By: Swanson
H.B. No. 2684

A BILL TO BE ENTITLED

AN ACT

relating to information regarding perinatal palliative care;

creating an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Perinatal Palliative

Care Act.

SECTION 2. The legislature finds that:

(1) palliative care is a critical form of care

provided to alleviate the pain and suffering of individuals with

severe life-threatening disabilities or diseases;

(2) in approximately two percent of pregnancies, the

preborn child is diagnosed with a life-threatening medical

condition that will likely result in the child's death before or

shortly after birth; and

(3) since the lives of preborn children are no longer

prematurely taken by abortion in this state, many of the children

described by Subdivision (2) are born alive.

SECTION 3. Chapter 161, Health and Safety Code, is amended

by adding Subchapter Z to read as follows:

SUBCHAPTER Z. PERINATAL PALLIATIVE CARE

Sec. 161.751. PURPOSE OF SUBCHAPTER. The purpose of this

subchapter is to ensure that a pregnant woman whose preborn child is

diagnosed with a life-threatening disability is informed of the

availability of perinatal palliative care.

Sec. 161.752. DEFINITIONS. In this subchapter:

(1) "Health care provider" has the meaning assigned by

Section 34.001.

(2) "Perinatal palliative care" means the provision of

comprehensive, supportive care to reduce the suffering of a

pregnant woman, her preborn child, and her family, from diagnosis

of the preborn child's life-threatening disability through the

child's delivery and possible death as a result of the

life-threatening disability. The term includes medical, social,

and mental health care, including counseling and health care

provided by maternal-fetal medical specialists, obstetricians,

neonatologists, anesthesia specialists, specialty nurses, clergy,

social workers, and other individuals focused on alleviating fear

and pain and ensuring the pregnant woman, her preborn child, and her

family experience a supportive environment. The term does not

include an act or omission intended to cause or hasten a preborn

child's death.

Sec. 161.753. PERINATAL PALLIATIVE CARE INFORMATIONAL

MATERIALS. (a) The commission shall develop perinatal palliative

care informational materials and post the materials on the

commission's Internet website. The materials must include:

(1) a description of the health care and other

services available through perinatal palliative care; and

(2) information about medical assistance benefits

that may be available for prenatal care, childbirth, and perinatal

palliative care.

(b) The commission shall develop, regularly update, and

publish a geographically indexed list of all perinatal palliative

care providers and programs in this state. The commission may

include perinatal palliative care providers and programs in other

states that provide care to residents of this state but may not

include an abortion provider, as defined by Section 171.002, or an

affiliate, as defined by Section 2273.001, Government Code, of an

abortion provider.

(c) The commission shall post on the commission's Internet

website the list of perinatal palliative care providers and

programs, including contact information, and note the providers and

programs that provide services free of charge.

Sec. 161.754. PERINATAL PALLIATIVE CARE CERTIFICATION

FORM. The commission shall develop a form on which a pregnant woman

certifies she received the perinatal palliative care informational

materials and list of the perinatal palliative care providers and

programs described by Section 161.753.

Sec. 161.755. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF

PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care

provider who diagnoses a pregnant woman's preborn child as having a

life-threatening disability shall, at the time of the diagnosis:

(1) provide the pregnant woman with a written copy of:

(A) the perinatal palliative care informational

materials and list of the perinatal palliative care providers and

programs described by Section 161.753; and

(B) the perinatal palliative care certification

form described by Section 161.754; and

(2) obtain from the pregnant woman the signed

perinatal palliative care certification form and place the form in

the pregnant woman's medical records.

Sec. 161.756. EXCEPTION. A health care provider is not

required to provide the perinatal palliative care informational

materials or perinatal palliative care certification form under

this subchapter if the health care provider verifies the pregnant

woman's medical record contains a signed perinatal palliative care

certification form for that pregnancy as required under Section

161.755(2).

Sec. 161.757. DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY.

A health care provider who violates Section 161.755 is subject to

disciplinary action by the state licensing agency that regulates

the provider. On determining the provider committed a violation,

the agency shall:

(1) for an initial violation, issue a written warning

to the provider; and

(2) for each subsequent violation, impose on the

provider an administrative penalty in the amount of $1,000.

SECTION 4. This Act takes effect September 1, 2025.