Zwiener Pregnancy Loss Bill Shields Abortion From Police Reports Too

The text as introduced · 1,538 words

By: Zwiener
H.B. No. 5427

A BILL TO BE ENTITLED

AN ACT

relating to prohibited conduct, enforcement actions, and

proceedings concerning a pregnancy loss and to the provision of

pregnancy loss information.

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 OR CIVIL

ENFORCEMENT OF PREGNANCY LOSS

Sec. 174.001. DEFINITIONS. In this chapter:

(1) "Abortion" has the meaning assigned by Section

245.002.

(2) "Electronic communication" means a communication

facilitated through use of an electronic device, including a

cellular telephone, computer, computer network, personal data

assistant, or pager. The term includes an e-mail, a text message,

an instant message, and any communication through a mobile

application for electronic devices or through an Internet website.

(3) "Health care professional" means an individual who

is licensed, certified, or otherwise authorized by state law to

provide health care services in the ordinary course of business or

practice of a profession.

(4) "Medical record" means a record in any form or

medium that a health care professional creates or receives to

document a patient's personal health information, including

medical history, diagnosis, treatment, or prognosis information.

(5) "Miscarriage" means the natural or accidental

termination of a pregnancy occurring before a probable gestational

age of not more than 20 completed weeks.

(6) "Pregnancy loss" means an intentional or

unintentional termination of a pregnancy at any stage. The term

includes a miscarriage, stillbirth, and abortion.

(7) "Pregnancy loss-related complication" means a

physical or psychological condition arising from a pregnancy loss.

The term includes a hemorrhage, an infection, a uterine

perforation, depression, anxiety, or post-traumatic stress

disorder.

(8) "Stillbirth" has the meaning assigned by Section

192.0022.

Sec. 174.002. PROHIBITED REPORT OR DISCLOSURE OF PREGNANCY

LOSS BY CERTAIN HEALTH CARE PROFESSIONALS. (a) Notwithstanding

any other law and except as required by federal law, a health care

professional providing health care services to a patient who

experiences a pregnancy loss, or who the health care professional

reasonably suspects has experienced a pregnancy loss, may not

report or disclose that information to a peace officer or law

enforcement agency.

(b) A health care professional's violation of Subsection

(a) constitutes a violation of Chapter 181 and the health care

professional is subject to enforcement actions under Subchapter E

of that chapter, including an action for injunctive relief or a

civil penalty and disciplinary action by the appropriate licensing

authority.

Sec. 174.003. UNLAWFUL ACCESS OR DISCLOSURE OF MEDICAL

RECORDS ON PREGNANCY LOSS. A person who knowingly accesses or

discloses information contained in an individual's medical records

disclosed in violation of this chapter or other law is considered to

be in violation of Chapter 181 and the person is subject to

enforcement actions under Subchapter E of that chapter, including

an action for injunctive relief or a civil penalty and disciplinary

action by the appropriate licensing authority.

Sec. 174.004. PROHIBITED REPORT TO LAW ENFORCEMENT.

Notwithstanding any other law and unless the circumstances

constitute a clear and present danger to an individual who

experienced a pregnancy loss, a person may not use the individual's

pregnancy loss experience as the basis for filing a report to a

peace officer or law enforcement agency.

Sec. 174.005. PROHIBITED ENFORCEMENT OF CRIMINAL OFFENSE.

A health care professional's treatment for pregnancy loss-related

complications does not through the treatment alone constitute

probable cause for the arrest or detainment of an individual for an

offense under:

(1) Chapter 170A;

(2) Chapter 171; or

(3) Chapter 6-1/2, Title 71, Revised Statutes.

Sec. 174.006. REQUIRED CONSENT FOR INTERVIEW OR QUESTIONING

ON PREGNANCY LOSS. (a) A peace officer may not conduct an

interview with or otherwise question an individual for any purpose

regarding a pregnancy loss the individual experienced or may have

experienced unless the peace officer obtains the individual's

written consent for the interview or questioning.

(b) A statement a peace officer obtains in violation of

Subsection (a) is not admissible as evidence in any proceeding

concerning the matter about which the statement was given.

Sec. 174.007. PREGNANCY LOSS MEDICAL RECORDS AND

COMMUNICATIONS NOT SUBJECT TO DISCLOSURE. (a) Except as provided

by Subsection (b), in a civil action or criminal proceeding related

to an individual's pregnancy loss, the individual's medical records

or electronic communications are not:

(1) admissible as evidence;

(2) subject to disclosure, inspection, or copying

under Chapter 552, Government Code; and

(3) subject to discovery, subpoena, or other means of

legal compulsion for the release of the records or communications.

(b) Subsection (a) shall not apply if:

(1) The individual who experienced pregnancy loss

provides informed, written consent to the particular use of the

records or communications, or;

(2) The records are being used in a criminal

proceeding by the prosecution in a domestic or family violence case

where the individual experiencing pregnancy loss was the victim.

Sec. 174.008. STATEMENT OR TESTIMONY OF INDIVIDUAL WHO

EXPERIENCED PREGNANCY LOSS. (a) In a civil action related to an

individual's pregnancy loss, including an action filed under

Section 171.208, the individual may not be compelled to make a

statement during a deposition or testify.

(b) The court or the counsel in an action described by

Subsection (a) may not comment on the individual's refusal to make a

statement or testify, and the trier of fact may not draw any adverse

inference from the individual's refusal to make a statement or

testify.

Sec. 174.009. PREGNANCY LOSS EDUCATIONAL AND INFORMATIONAL

MATERIALS. (a) The commission shall develop for health care

professionals educational materials on the requirements of this

chapter and the importance of protecting the privacy of individuals

who experience pregnancy loss. The materials must include:

(1) information on a health care professional's duties

under this chapter;

(2) guidance on best practices for a health care

professional to maintain patient confidentiality; and

(3) information on available training courses on

appropriate patient support services available through licensed

medical practices or facilities regulated by the Texas Medical

Board.

(b) The commission shall develop informational materials

for individuals who experience a pregnancy loss. The materials

must include:

(1) information on the privacy rights afforded under

this chapter to individuals who experience a pregnancy loss;

(2) contact information for available support

services available through licensed medical practices or

facilities regulated by the Texas Medical Board, including

counseling and mental health services; and

(3) guidance on the procedure for submitting a

complaint to the commission under Section 174.010.

(c) The commission shall publish the educational and

informational materials described by Subsections (a) and (b) on the

commission's Internet website.

(d) A health care professional who provides health care

services to a patient who experiences pregnancy loss shall provide

to the patient a written copy of the informational materials

described by Subsection (b).

Sec. 174.010. COMPLAINT PROCEDURE; CONFIDENTIAL

INFORMATION. (a) The commission shall implement a procedure for

individuals to submit to the commission a confidential complaint

alleging a violation of this chapter. The procedure must include an

anonymous hotline and an online portal for submitting a complaint.

(b) The executive commissioner shall adopt rules to

implement and administer the complaint process, including rules

establishing procedures for the commission to investigate and

respond to alleged violations of this chapter identified in a

complaint.

(c) Any personally identifying information in a patient's

medical records or electronic communications acquired by the

commission under this section is confidential and is not subject to

disclosure under Chapter 552, Government Code.

SECTION 2. Section 174.006, Health and Safety Code, as

added by this Act, applies only to an interview or other questioning

that occurs on or after the effective date of this Act. An

interview or other questioning that occurs before the effective

date of this Act is governed by the law in effect on the date the

interview or other questioning occurred, and the former law is

continued in effect for that purpose.

SECTION 3. Sections 174.007 and 174.008, Health and Safety

Code, as added by this Act, apply only to a civil action or criminal

proceeding related to an individual's pregnancy loss that is filed

on or after the effective date of this Act. A civil action or

criminal proceeding that is filed before the effective date of this

Act is governed by the law in effect on the date the action or

proceeding began, and the former law is continued in effect for that

purpose.

SECTION 4. (a) Not later than December 31, 2025, the Health

and Human Services Commission shall develop and publish on the

commission's Internet website the educational and informational

materials required by Section 174.009, Health and Safety Code, as

added by this Act.

(b) Notwithstanding Section 174.009(d), Health and Safety

Code, as added by this Act, a health care professional who provides

health care services to a patient who experiences a pregnancy loss

is not required to comply with that provision until January 1, 2026.

SECTION 5. As soon as practicable after the effective date

of this Act but not later than January 1, 2026, the executive

commissioner of the Health and Human Services Commission shall

adopt rules necessary to implement and administer Section 174.010,

Health and Safety Code, as added by this Act.

SECTION 6. This Act takes effect September 1, 2025.