HB 295 — Requirements for pelvic examinations

90R606 KRM-D By: Ordaz H.B. No. 295 relating to requirements for pelvic examinations and other sensitive health care services; imposing an administrative penalty.

SECTION 1. The heading to Chapter 167A, Health and Safety Code, is amended to read as follows: CHAPTER 167A. PELVIC EXAMINATIONS AND OTHER SENSITIVE HEALTH CARE SERVICES

SECTION 2. Section 167A.001, Health and Safety Code, is amended by amending Subdivision (1) and adding Subdivisions (1-a), (1-b), and (4) to read as follows: (1) "Health care facility" means a facility licensed, certified, or otherwise authorized to provide health care in the ordinary course of business in this state. (1-a) "Health care practitioner" means a physician, physician assistant, or advanced practice registered nurse licensed to practice in this state. (1-b) "Medical chaperone" means a health care practitioner who on a patient's request observes the provision of a sensitive health care service. (4) "Sensitive health care service" means a health care service that involves a patient's external or internal reproductive organs, genitalia, rectum, or breasts or that the patient is uncomfortable receiving without a medical chaperone present. The term includes a pelvic examination.

SECTION 3. Chapter 167A, Health and Safety Code, is amended by adding Sections 167A.004, 167A.005, and 167A.006 to read as follows: Sec. 167A.004. SENSITIVE HEALTH CARE SERVICE REQUIREMENTS. (a) A health care practitioner may not perform a potentially sensitive health care service on a patient unless the practitioner: (1) provides the patient or the patient's legally authorized representative with written or electronic notice of the patient's rights under this chapter; (2) offers the patient the option to request a medical chaperone to observe the provision of the service and, on that request, provides the chaperone for the duration of the service; and (3) obtains the patient's informed consent before provision of the service. (b) The notice provided under Subsection (a)(1) must include notice of the patient's right to: (1) receive an easily understandable summary of the patient's health care status and each potentially sensitive health care service the health care practitioner is recommending for the patient; (2) participate in decisions pertaining to the patient's care; (3) request a medical chaperone to observe provision of the service; and (4) provide informed consent before agreeing to provision of the service. (c) The executive commissioner may adopt rules as necessary to implement this section. Sec. 167A.005. REQUIRED MEDICAL CHAPERONE TRAINING. A health care facility that provides sensitive health care services shall require each health care practitioner who performs the services at the facility to complete at least one medical chaperone training course that includes the curriculum developed or adopted under Section 167A.006. Sec. 167A.006. MEDICAL CHAPERONE TRAINING CURRICULUM. (a) The commission shall develop or adopt a curriculum for training medical chaperones that provides guidance on a chaperone's role in: (1) observing the provision of a sensitive health care service to a patient; (2) supporting the patient throughout the service's provision by ensuring the patient's comfort, privacy, and safety; and (3) reporting any misconduct. (b) The curriculum must be developed or adopted in accordance with: (1) medical best practices; (2) the American Medical Association Code of Medical Ethics; and (3) any other appropriate guidelines as the commission determines.

SECTION 4. Section 167A.003, Health and Safety Code, is redesignated as Section 167A.007, Health and Safety Code, and amended to read as follows: Sec. 167A.007 [ 167A.003 ]. DISCIPLINARY ACTION. The appropriate licensing authority may take disciplinary action against a health care practitioner or health care facility that [ who ] violates this chapter [ Section 167A.002 ], including imposing an administrative penalty, as if the practitioner or facility violated an applicable licensing law.

SECTION 5. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt the rules required by Sections 167A.004, 167A.005, and 167A.006, Health and Safety Code, as added by this Act, and Section 167A.007, Health and Safety Code, as redesignated and amended by this Act.

SECTION 6. The changes in law made by this Act apply only to a pelvic examination or sensitive health care service performed on or after the effective date of this Act. A pelvic examination or sensitive health care service performed before the effective date of this Act is governed by the law in effect when the pelvic examination or sensitive health care service occurred, and the former law is continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2027.