Doctors recommend treatment for the patient ahead of the fetus.
The bill requires doctors and other health care practitioners to put a pregnant patient's health ahead of the fetus's health when recommending treatment, even if the treatment could injure or kill the fetus. It touches every physician and practitioner treating pregnant patients, and it keeps the patient's right to accept or refuse treatment and requires informed consent first. Licensing boards can fine practitioners who do not follow the rule, and it takes effect immediately with a two-thirds vote or on September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 203 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 203 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 13, 2024 and referred to the Senate Health & Human Services committee. No public hearing. The bill died.
relating to prioritization of a pregnant individual's health when
providing health care treatments; authorizing an administrative
penalty.
WHAT IT DOES
Doctors recommend treatment for the patient ahead of the fetus.
The bill requires doctors and other health care practitioners to put a pregnant patient's health ahead of the fetus's health when recommending treatment, even if the treatment could injure or kill the fetus. It touches every physician and practitioner treating pregnant patients, and it keeps the patient's right to accept or refuse treatment and requires informed consent first. Licensing boards can fine practitioners who do not follow the rule, and it takes effect immediately with a two-thirds vote or on September 1, 2025.
89R2360 JG-D
By: Eckhardt, et al.
S.B. No. 350
A BILL TO BE ENTITLED
AN ACT
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, 2025.