SB619 - Relating to protection of persons from participation in a health care service for reasons of conscience; providing a civil remedy; authorizing disciplinary action.

      By: Sparks, et al. S.B. No. 619     A BILL TO BE ENTITLED   AN ACT   relating to protection of persons from participation in a health   care service for reasons of conscience; providing a civil remedy;   authorizing disciplinary action.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The legislature finds that:                (1)  the public policy of this state is to respect the   conscience of all health care providers and the right of each health   care provider to hold their own belief about whether certain health   care services are morally acceptable;                (2)  without comprehensive protections, the conscience   of health care providers may be violated; and                (3)  each health care provider must be protected from   required participation in a health care service in which the   provider has declined participation for reasons of conscience and   from discriminatory adverse action resulting from the   nonparticipation.          SECTION 2.  Chapter 161, Health and Safety Code, is amended   by adding Subchapter Z to read as follows:   SUBCHAPTER Z.   TEXAS HEALTH CARE CONSCIENCE PROTECTION ACT           Sec. 161.751.  DEFINITIONS. In this subchapter:                 (1)     "Conscience" means a sincerely held set of moral   convictions arising from:                       (A)  a belief in and relation to God;                       (B)  a religious faith or spiritual practice; or                       (C)     a moral philosophy or ethical position,   without regard to whether the philosophy or position is related to a   religious faith.                 (2)     "Emergency care" means bona fide emergency   services provided after a sudden onset of a medical or traumatic   condition manifested by acute symptoms of sufficient severity,   including severe pain, that the absence of immediate medical   attention could reasonably be expected to:                       (A)     place the patient's health in serious   jeopardy;                       (B)     result in serious impairment to the patient's   bodily functions; or                       (C)     result in serious dysfunction of any bodily   organ or body part of the patient.                 (3)     "Health care facility" means a public or private   organization, corporation, partnership, sole proprietorship,   association, agency, network, joint venture, or other entity that   provides health care services to patients.   The term includes a   hospital, clinic, medical center, ambulatory surgical center,   private physician's office, pharmacy, nursing home, laboratory or   diagnostic facility, infirmary, dispensary, medical school,   nursing school, pharmacy school, or medical training facility.                 (4)     "Health care provider" means a nurse, nurse aide,   medical assistant, hospital employee, allied health professional,   laboratory technician, clinic employee, nursing home employee,   pharmacist, pharmacy employee, researcher, medical, pharmacy, or   nursing school student, professional, paraprofessional, or,   regardless of whether the person holds a license, any other person   who furnishes or assists in the furnishing of a health care service.                 (5)     "Health care service" means any phase of patient   health care or treatment.   The term includes:                       (A)     examination, testing, diagnosis, referral,   prognosis, dispensing or administering a drug or device, ancillary   research, instruction, therapy, treatment, and preparing for or   performing a surgery or procedure;                       (B)     family planning, counseling, and referrals,   and any other advice in connection with the use or procurement of   contraceptives, sterilization, or abortion; and                       (C)     record preparation procedures, preparation   of treatment notes, and any other care or treatment rendered by a   health care facility, physician, or health care provider.                 (6)     "Physician" means an individual licensed to   practice medicine in this state.           Sec.   161.752.     RIGHT TO DECLINE PARTICIPATION IN HEALTH CARE   SERVICE FOR REASONS OF CONSCIENCE; CONSTRUCTION OF SUBCHAPTER. (a)   Except as provided by Subsection (b), a person may decline to   participate in a health care service for reasons of conscience.           (b)     A person may not decline to participate in the following   services:                   (1)  emergency care; or                 (2)     except as provided by Chapter 166, life-sustaining   treatment.           (c)  Nothing in this subchapter may be construed to:                 (1)     supersede Chapter 166 governing the provision,   withholding, or withdrawing of life-sustaining treatment; or                 (2)     apply to emergency care, life-sustaining   treatment, or cardiopulmonary resuscitation.           (d)     An exercise of the right of conscience under this   section is limited to a person's right to refuse to participate in a   specific health care service.           Sec.   161.753.     IMMUNITY OF PHYSICIANS AND HEALTH CARE   PROVIDERS. A physician or health care provider may not be held   civilly or criminally liable because the physician or health care   provider declines to participate in a health care service wholly or   partly for reasons of conscience in accordance with Section   161.752.           Sec.   161.754.     ADVERSE ACTION. A person, including a public   official and a medical school or other institution that conducts   education or training programs for physicians or health care   providers, violates this subchapter by taking an adverse action   against another person because the other person declines to   participate in a health care service for reasons of conscience in   accordance with Section 161.752.   Violations include   discrimination against or taking an adverse action with regard to:                   (1)  licensure;                 (2)  certification;                   (3)     employment terms, benefits, seniority status,   promotion, or transfer;                 (4)  staff appointments or other privileges;                 (5)     denial of employment, admission, or participation   in a program for which the other person is eligible;                 (6)     reference to reasons of conscience in an   application form;                 (7)     questions regarding an applicant's participation   in providing a health care service for reasons of conscience;                 (8)     imposition of a burden in the terms or conditions   of employment;                 (9)  denial of aid, assistance, or benefits;                 (10)     conditional receipt of the aid, assistance, or   benefits; or                 (11)     coercion or disqualification of the other person   receiving aid, assistance, or benefits.           Sec.   161.755.     PROTOCOL FOR DECLINING PARTICIPATION IN   PROVISION OF HEALTH CARE SERVICE. (a) A health care facility shall   develop a written protocol for circumstances in which a person   declines to participate in providing a health care service, other   than emergency care or life-sustaining treatment, for reasons of   conscience.   The protocol must:                 (1)     describe a patient's access to health care   services and information to ensure the patient is not permanently   or substantially prevented from obtaining the services; and                 (2)     explain the process the facility will implement to   facilitate in a timely manner the patient's access to the services.           (b)     A person who declines to participate in providing a   health care service for reasons of conscience shall:                   (1)     notify the health care facility of the   declination; and                 (2)     comply with the applicable protocol developed   under this section.           (c)     This section does not permit a protocol developed under   this section to require a health care facility, physician, or   health care provider to counsel a patient or refer the patient to   another physician or facility regarding a health care service that   is contrary to the conscience of the physician or health care   provider.           Sec.   161.756.     DISCIPLINARY ACTION; COMPLAINT. (a) A   health care facility, physician, or health care provider that holds   a license issued by a licensing agency in this state is subject to   review and disciplinary action by the licensing agency for a   violation of this subchapter as if the facility, physician, or   provider violated the applicable licensing law.           (b)     A person who is injured by a violation of this   subchapter may file a complaint with the licensing agency that   issued a license to the health care facility, physician, or health   care provider that allegedly violated this subchapter.           (c)     A physician or health care provider may not file a   complaint with the appropriate licensing agency under this section   unless the physician or health care provider complies with the   health care facility's protocol developed under Section 161.755.           Sec.   161.757.     CIVIL REMEDIES. A person who is injured by a   violation of this subchapter may bring a civil action against a   person who violates this subchapter. A person who brings an action   under this section may obtain:                 (1)  injunctive relief;                 (2)  damages incurred by the person, including:                       (A)     actual damages for all psychological,   emotional, and physical injuries resulting from the violation of   this subchapter;                       (B)  court costs; and                       (C)  reasonable attorney's fees; or      & [Text truncated for display. Full text available on LegiScan.]