HB2684 - Relating to information regarding perinatal palliative care; creating an administrative penalty.

  89R8985 MCF-F     By: Swanson H.B. No. 2684       A BILL TO BE ENTITLED   AN ACT   relating to information regarding perinatal palliative care;   creating an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Perinatal Palliative   Care Act.          SECTION 2.  The legislature finds that:                (1)  palliative care is a critical form of care   provided to alleviate the pain and suffering of individuals with   severe life-threatening disabilities or diseases;                (2)  in approximately two percent of pregnancies, the   preborn child is diagnosed with a life-threatening medical   condition that will likely result in the child's death before or   shortly after birth; and                (3)  since the lives of preborn children are no longer   prematurely taken by abortion in this state, many of the children   described by Subdivision (2) are born alive.          SECTION 3.  Chapter 161, Health and Safety Code, is amended   by adding Subchapter Z to read as follows:   SUBCHAPTER Z. PERINATAL PALLIATIVE CARE           Sec.   161.751.     PURPOSE OF SUBCHAPTER. The purpose of this   subchapter is to ensure that   a pregnant woman whose preborn child is   diagnosed with a life-threatening disability is informed of the   availability of perinatal palliative care.           Sec. 161.752.  DEFINITIONS. In this subchapter:                 (1)     "Health care provider"   has the meaning assigned by   Section 34.001.                 (2)     "Perinatal palliative care" means the provision of   comprehensive, supportive care to reduce the suffering of a   pregnant woman, her preborn child, and her family, from diagnosis   of the preborn child's life-threatening disability through the   child's delivery and possible death as a result of the   life-threatening disability. The term includes medical, social,   and mental health care, including counseling and health care   provided by maternal-fetal medical specialists, obstetricians,   neonatologists, anesthesia specialists, specialty nurses, clergy,   social workers, and other individuals focused on alleviating fear   and pain and ensuring the pregnant woman, her preborn child, and her   family experience a supportive environment.   The term does not   include an act or omission intended to cause or hasten a preborn   child's death.           Sec.   161.753.     PERINATAL PALLIATIVE CARE INFORMATIONAL   MATERIALS. (a) The commission shall develop perinatal palliative   care informational materials and post the materials on the   commission's Internet website. The materials must include:                 (1)     a description of the health care and other   services available through perinatal palliative care; and                 (2)     information about medical assistance benefits   that may be available for prenatal care, childbirth, and perinatal   palliative care.           (b)     The commission shall develop, regularly update, and   publish a geographically indexed list of all perinatal palliative   care providers and programs in this state. The commission may   include perinatal palliative care providers and programs in other   states that provide care to residents of this state but may not   include an abortion provider, as defined by Section 171.002, or an   affiliate, as defined by Section 2273.001, Government Code, of an   abortion provider.           (c)     The commission shall post on the commission's Internet   website the list of perinatal palliative care providers and   programs, including contact information, and note the providers and   programs that provide services free of charge.           Sec.   161.754.     PERINATAL PALLIATIVE CARE CERTIFICATION   FORM. The commission shall develop a form on which a pregnant woman   certifies she received the perinatal palliative care informational   materials and list of the perinatal palliative care providers and   programs described by Section 161.753.           Sec.   161.755.     HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF   PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care   provider who diagnoses a pregnant woman's preborn child as having a   life-threatening disability shall, at the time of the diagnosis:                 (1)  provide the pregnant woman with a written copy of:                       (A)     the perinatal palliative care informational   materials and list of the perinatal palliative care providers and   programs described by Section 161.753; and                       (B)     the perinatal palliative care certification   form described by Section 161.754; and                 (2)     obtain from the pregnant woman the signed   perinatal palliative care certification form and place the form in   the pregnant woman's medical records.           Sec.   161.756.     EXCEPTION. A health care provider is not   required to provide the perinatal palliative care informational   materials or perinatal palliative care certification form under   this subchapter if the health care provider verifies the pregnant   woman's medical record contains a signed perinatal palliative care   certification form for that pregnancy as required under Section   161.755(2).           Sec.   161.757.     DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY.     A health care provider who violates Section 161.755 is subject to   disciplinary action by the state licensing agency that regulates   the provider.   On determining the provider committed a violation,   the agency shall:                 (1)     for an initial violation, issue a written warning   to the provider; and                 (2)     for each subsequent violation, impose on the   provider an administrative penalty in the amount of $1,000.          SECTION 4.  This Act takes effect September 1, 2025.