Bill Text: TX HB3017 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to the requirements for conducting a pelvic examination; authorizing disciplinary action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB3017 Detail]

Download: Texas-2019-HB3017-Comm_Sub.html

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86R16849 EAS-D
By: Ramos H.B. No. 3017
Substitute the following for H.B. No. 3017:
By: Ortega C.S.H.B. No. 3017

A BILL TO BE ENTITLED
AN ACT
relating to the requirements for conducting a pelvic examination;
authorizing disciplinary action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 167A to read as follows:
CHAPTER 167A. PELVIC EXAMINATIONS
Sec. 167A.001. CERTAIN PELVIC EXAMINATIONS PROHIBITED. A
health care practitioner, including a physician, physician
assistant, or advanced practice registered nurse, who is licensed
to practice in this state may not perform, or instruct any other
person to perform, a pelvic examination on a patient unless:
(1) the patient or the patient's legally authorized
representative provides informed consent for the pelvic
examination;
(2) the pelvic examination meets the standard of care
for diagnosing or treating the patient's medical condition; or
(3) if the patient is unconscious, the pelvic
examination is required for diagnosis or treatment of the patient's
medical condition.
Sec. 167A.002. DISCIPLINARY ACTION. A health care
practitioner who violates Section 167A.001 is subject to
disciplinary action by the state regulatory agency that issued a
license to the practitioner, including the imposition of an
administrative penalty.
SECTION 2. Section 164.052(a), Occupations Code, is amended
to read as follows:
(a) A physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) presents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3) commits fraud or deception in taking or passing an
examination;
(4) uses alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(5) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6) uses an advertising statement that is false,
misleading, or deceptive;
(7) advertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a medical degree, license,
certificate, or diploma, or a transcript of a license, certificate,
or diploma in or incident to an application to the board for a
license to practice medicine;
(9) alters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10) uses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
has been:
(A) fraudulently purchased or issued;
(B) counterfeited; or
(C) materially altered;
(11) impersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12) engages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13) impersonates a physician or permits another to
use the person's license or certificate to practice medicine in
this state;
(14) directly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15) associates in the practice of medicine with a
person:
(A) whose license to practice medicine has been
suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16) performs or procures a criminal abortion, aids or
abets in the procuring of a criminal abortion, attempts to perform
or procure a criminal abortion, or attempts to aid or abet the
performance or procurement of a criminal abortion;
(17) directly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
that is not licensed to practice medicine by the board;
(18) performs an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A) the abortion is necessary to prevent the
death of the woman;
(B) the viable unborn child has a severe,
irreversible brain impairment; or
(C) the woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19) performs an abortion on an unemancipated minor
without the written consent of the child's parent, managing
conservator, or legal guardian or without a court order, as
provided by Section 33.003 or 33.004, Family Code, unless the
abortion is necessary due to a medical emergency, as defined by
Section 171.002, Health and Safety Code;
(20) otherwise performs an abortion on an
unemancipated minor in violation of Chapter 33, Family Code; [or]
(21) performs or induces or attempts to perform or
induce an abortion in violation of Subchapter C, F, or G, Chapter
171, Health and Safety Code; or
(22) performs a pelvic examination in violation of
Section 167A.001, Health and Safety Code.
SECTION 3. The changes in law made by this Act apply only to
a pelvic examination performed on or after the effective date of
this Act. A pelvic examination performed before the effective date
of this Act is governed by the law in effect when the pelvic
examination occurred, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2019.