Ordaz Bill Requires Consent And A Chaperone Before Pelvic Exams

The text as introduced · 760 words

90R606 KRM-D

By: Ordaz
H.B. No. 295

A BILL TO BE ENTITLED

AN ACT

relating to requirements for pelvic examinations and other

sensitive health care services; imposing an administrative

penalty.

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

SECTION 1. The heading to Chapter 167A, Health and Safety

Code, is amended to read as follows:

CHAPTER 167A. PELVIC EXAMINATIONS AND OTHER SENSITIVE HEALTH CARE

SERVICES

SECTION 2. Section 167A.001, Health and Safety Code, is

amended by amending Subdivision (1) and adding Subdivisions (1-a),

(1-b), and (4) to read as follows:

(1) "Health care facility" means a facility licensed,

certified, or otherwise authorized to provide health care in the

ordinary course of business in this state.

(1-a) "Health care practitioner" means a physician,

physician assistant, or advanced practice registered nurse

licensed to practice in this state.

(1-b) "Medical chaperone" means a health care

practitioner who on a patient's request observes the provision of a

sensitive health care service.

(4) "Sensitive health care service" means a health

care service that involves a patient's external or internal

reproductive organs, genitalia, rectum, or breasts or that the

patient is uncomfortable receiving without a medical chaperone

present. The term includes a pelvic examination.

SECTION 3. Chapter 167A, Health and Safety Code, is amended

by adding Sections 167A.004, 167A.005, and 167A.006 to read as

follows:

Sec. 167A.004. SENSITIVE HEALTH CARE SERVICE REQUIREMENTS.

(a) A health care practitioner may not perform a potentially

sensitive health care service on a patient unless the practitioner:

(1) provides the patient or the patient's legally

authorized representative with written or electronic notice of the

patient's rights under this chapter;

(2) offers the patient the option to request a medical

chaperone to observe the provision of the service and, on that

request, provides the chaperone for the duration of the service;

and

(3) obtains the patient's informed consent before

provision of the service.

(b) The notice provided under Subsection (a)(1) must

include notice of the patient's right to:

(1) receive an easily understandable summary of the

patient's health care status and each potentially sensitive health

care service the health care practitioner is recommending for the

patient;

(2) participate in decisions pertaining to the

patient's care;

(3) request a medical chaperone to observe provision

of the service; and

(4) provide informed consent before agreeing to

provision of the service.

(c) The executive commissioner may adopt rules as necessary

to implement this section.

Sec. 167A.005. REQUIRED MEDICAL CHAPERONE TRAINING. A

health care facility that provides sensitive health care services

shall require each health care practitioner who performs the

services at the facility to complete at least one medical chaperone

training course that includes the curriculum developed or adopted

under Section 167A.006.

Sec. 167A.006. MEDICAL CHAPERONE TRAINING CURRICULUM. (a)

The commission shall develop or adopt a curriculum for training

medical chaperones that provides guidance on a chaperone's role in:

(1) observing the provision of a sensitive health care

service to a patient;

(2) supporting the patient throughout the service's

provision by ensuring the patient's comfort, privacy, and safety;

and

(3) reporting any misconduct.

(b) The curriculum must be developed or adopted in

accordance with:

(1) medical best practices;

(2) the American Medical Association Code of Medical

Ethics; and

(3) any other appropriate guidelines as the commission

determines.

SECTION 4. Section 167A.003, Health and Safety Code, is

redesignated as Section 167A.007, Health and Safety Code, and

amended to read as follows:

Sec. 167A.007 [ 167A.003 ]. DISCIPLINARY ACTION. The

appropriate licensing authority may take disciplinary action

against a health care practitioner or health care facility that

[ who ] violates this chapter [ Section 167A.002 ], including imposing

an administrative penalty, as if the practitioner or facility

violated an applicable licensing law.

SECTION 5. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt the rules required by Sections

167A.004, 167A.005, and 167A.006, Health and Safety Code, as added

by this Act, and Section 167A.007, Health and Safety Code, as

redesignated and amended by this Act.

SECTION 6. The changes in law made by this Act apply only to

a pelvic examination or sensitive health care service performed on

or after the effective date of this Act. A pelvic examination or

sensitive health care service performed before the effective date

of this Act is governed by the law in effect when the pelvic

examination or sensitive health care service occurred, and the

former law is continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2027.