SB1233 - Relating to information regarding perinatal palliative care; creating an administrative penalty.

      S.B. No. 1233         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 or life-limiting illnesses or medical   conditions;                (2)  in approximately two percent of pregnancies, the   unborn child is diagnosed with a life-threatening or life-limiting   illness or medical condition that may result in the child's death   before or shortly after birth; and                (3)  since the lives of unborn children are no longer   prematurely taken by abortion in this state, many of the children   described by Subdivision (2) of this section 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 a pregnant woman whose unborn child is   diagnosed with a life-threatening or life-limiting illness or   medical condition 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 woman   who is pregnant or delivers a child, her unborn child or infant, and   her family, from diagnosis of the unborn child's life-threatening   or life-limiting illness or medical condition through the duration   of the perinatal period and possible death as a result of the   illness or condition.   The care may be provided concurrently with   methods of treatment or therapies that seek to cure or minimize the   effects of the illness or condition. The term:                       (A)     includes medical, social, and mental health   care, including counseling regarding treatment options, education,   informed consent, and expression of desires, 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 woman, her unborn child or infant, and her   family experience a supportive environment; and                       (B)     does not include an act or omission intended   to cause or hasten an unborn child's death.                 (3)     "Perinatal period" means the period beginning at   conception and ending on an infant's first birthday.           Sec.   161.753.     PERINATAL PALLIATIVE CARE INFORMATIONAL   MATERIALS. (a) The commission, in collaboration with the   department and the Palliative Care Interdisciplinary Advisory   Council established under Chapter 118, 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 perinatal palliative care   providers and programs in this state. The list must include the   name, physical address, and phone number of each provider or   program.   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 unless the   provider or affiliate performs abortions only during a medical   emergency as defined by Section 171.002.           (c)     The commission shall post on the commission's Internet   website the list of perinatal palliative care providers and   programs, including the contact information, and note the providers   and programs that provide services free of charge.           Sec.   161.754.     PERINATAL PALLIATIVE CARE CERTIFICATION   FORM. The commission, in collaboration with the department, 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   UNBORN CHILD'S LIFE-THREATENING OR LIFE-LIMITING ILLNESS OR   MEDICAL CONDITION. A health care provider who diagnoses a pregnant   woman's unborn child as having a life-threatening or life-limiting   illness or medical condition 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.     COMPLAINTS; DISCIPLINARY ACTION;   ADMINISTRATIVE PENALTY.   (a)   If a health care provider fails to   provide to a pregnant woman the perinatal palliative care   informational materials as required by Section 161.755, the woman   may submit a complaint to the commission in the form and manner the   commission prescribes.           (b)     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.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1233 passed the Senate on   April 15, 2025, by the following vote:  Yeas 25, Nays 6.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1233 passed the House on   May 28, 2025, by the following vote:  Yeas 79, Nays 55, two   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor