By: Klick H.B. No. 2886
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to limiting the liability of certain healthcare providers.
 
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.091, Health and Safety Code, is
  amended by amending Subsection (g) and adding Subsection (g-1) to
  read as follows:
         (g)  Except as provided by Subsection (g-1), a [A] person
  commits an offense if the person is a physician or other person in
  attendance on a pregnant woman either during pregnancy or at
  delivery and fails to perform a duty required by this section.  An
  offense under this section is a Class B misdemeanor.
         (g-1)  A physician, nurse, midwife, or other person in
  attendance at childbirth who is unable to apply the prophylaxis due
  to the objection of the parents, managing conservator, or guardian
  of the newborn does not commit an offense under this section and may
  not be prosecuted for failure to administer the prophylaxis as
  required by this section.  The physician, nurse, midwife, or other
  person in attendance at childbirth shall ensure that the objection
  of the parent, managing conservator, or guardian is entered into
  the medical record of the child.  The parent, managing conservator,
  or guardian shall sign the entry.
         SECTION 2.  This Act takes effect September 1, 2017.