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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the liability of certain health care |
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providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.091, Health and Safety Code, is |
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amended by amending Subsection (g) and adding Subsection (g-1) to |
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read as follows: |
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(g) Except as provided by Subsection (g-1), a [A] person |
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commits an offense if the person is a physician or other person in |
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attendance on a pregnant woman either during pregnancy or at |
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delivery and fails to perform a duty required by this section. An |
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offense under this section is a Class B misdemeanor. |
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(g-1) A physician, nurse, midwife, or other person in |
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attendance at childbirth who is unable to apply the prophylaxis as |
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required by this section due to the objection of a parent, managing |
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conservator, or guardian of the newborn infant does not commit an |
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offense under this section and is not subject to criminal, civil, or |
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administrative liability or any professional disciplinary action |
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for failure to administer the prophylaxis. The physician, nurse, |
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midwife, or person shall ensure that the objection of the parent, |
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managing conservator, or guardian is entered into the medical |
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record of the infant. |
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SECTION 2. This Act takes effect September 1, 2017. |