85R12635 KKR-D     By: Dukes H.B. No. 4076       A BILL TO BE ENTITLED   AN ACT   relating to fetal alcohol syndrome information provided to pregnant   patients.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 161, Health and Safety Code, is amended   by adding Subchapter X to read as follows:   SUBCHAPTER X. INFORMATION FOR PREGNANT PATIENTS          Sec. 161.701.  DEFINITIONS. In this subchapter:                (1)  "Health care provider" means:                      (A)  a physician licensed to practice medicine in   this state;                      (B)  a physician assistant licensed under Chapter   204, Occupations Code;                      (C)  a midwife licensed under Chapter 203,   Occupations Code;                      (D)  an advanced practice nurse as defined by   Section 301.152, Occupations Code;                      (E)  a hospital licensed under Chapter 241; or                      (F)  a birthing center licensed under Chapter 244.                (2)  "Medically accurate information" means   information that is:                      (A)  verified or supported by the weight of   research conducted in compliance with accepted scientific methods;                      (B)  published in peer-reviewed journals, if   appropriate; and                      (C)  recognized as accurate, objective, and   complete by mainstream professional organizations and agencies   with expertise in the relevant field, including:                            (i)  the Centers for Disease Control and   Prevention of the United States Public Health Service;                            (ii)  the American College of Obstetricians   and Gynecologists;                            (iii)  the American Academy of Pediatrics;   and                            (iv)  the surgeon general of the United   States Department of Health and Human Services.          Sec. 161.702.  INFORMATIONAL MATERIAL PROVIDED TO PREGNANT   PATIENT.  (a)  A health care provider providing care to a pregnant   patient shall, during the patient's first visit with the provider   concerning the pregnancy, make available to the patient   informational material that includes medically accurate   information about the risks of drinking alcohol while pregnant,   including fetal alcohol syndrome.          (b)  A health care provider may use the informational   material provided on the department's Internet website or   alternative informational material that provides the information   required by Subsection (a).          Sec. 161.703.  DUTIES OF DEPARTMENT. (a) The department   shall:                (1)  establish guidelines for the provision of the   information required by Section 161.702;                (2)  make available on the department's Internet   website a printable version of the medically accurate informational   material required by Section 161.702(a); and                (3)  make the informational material required by   Section 161.702 available for distribution to health care   providers, including at the request of a provider.          (b)  The department may make available online and distribute   an existing medically accurate publication created by the   department or another health and human services agency as the   informational material required by Section 161.702.          Sec. 161.704.  LIABILITY NOT CREATED. This subchapter does   not create an obligation or duty that provides a basis for a cause   of action against a health care provider.  A health care provider is   immune from administrative, civil, or criminal liability with   respect to an action taken or not taken under this subchapter.          SECTION 2.  Not later than October 1, 2017, the Department of   State Health Services shall make available the informational   material required by Subchapter X, Chapter 161, Health and Safety   Code, as added by this Act.          SECTION 3.  Notwithstanding Subchapter X, Chapter 161,   Health and Safety Code, as added by this Act, a health care provider   is not required to comply with the requirements of Section 161.702,   Health and Safety Code, as added by this Act, before January 1,   2018.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.