HB2892 —

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Texas statutes.

• SUBCHAPTER X. TEXAS HEALTH CARE RIGHT OF CONSCIENCE ACT Sec. 161.701. 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) "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, including 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, or medical training facility. (3) "Health care provider" means a nurse, nurse aide, medical assistant, hospital employee, clinic employee, nursing home employee, pharmacist, pharmacy employee, researcher, medical or nursing school student, professional, paraprofessional, or, without regard to whether the individual holds a license, any other individual who furnishes or assists in the furnishing of a health care service. (4) "Health care service" means any phase of patient health care or treatment, including any conduct that may give rise to a health care liability claim, as that term is defined by Section 74.001, Civil Practice and Remedies Code. The term includes: (A) testing, diagnosis, prognosis, ancillary research, instruction, medication, and surgery; (B) family planning, counseling, and referrals, and any other advice in connection with the use or procurement of contraceptives, sterilization, or abortion; and (C) any other care or treatment rendered by a health care facility, physician, or health care provider. (5) "Physician" means an individual licensed to practice medicine in this state. (6) "Undue delay" means an unreasonable delay that impairs a patient's health. Sec. 161.702. CONSCIENTIOUS REFUSAL OF HEALTH CARE SERVICE DEFINED; LIFE-SUSTAINING TREATMENT; HEALTH CARE OR TREATMENT DECISION. (a) Subject to Subsection (b), in this chapter, "conscientious refusal of a health care service" means an individual's refusal to receive, obtain, perform, assist in performing, give advice regarding, suggest, recommend, refer, or participate in a health care service that is contrary to the individual's conscience. (b) Chapter 166 governs the required provision of, and the withholding or withdrawing of, life-sustaining treatment, as that term is defined by Section 166.002. A conscientious refusal of a health care service does not include, and may not be construed to include: (1) an individual's refusal to provide or refusal to assist in providing life-sustaining treatment subject to Chapter 166; or (2) a patient's advance directive or a health care or treatment decision made by or on behalf of a patient that is subject to Section 166.046. Sec. 161.703. IMMUNITY OF PHYSICIANS AND HEALTH CARE PROVIDERS. A physician or health care provider may not be held civilly or criminally liable in part because of the physician's or health care provider's conscientious refusal of a health care service. Sec. 161.704. ADVERSE ACTION RELATED TO LICENSING. A person violates this subchapter by taking an adverse action against an individual because of the individual's conscientious refusal of a health care service, including taking an adverse action with regard to: (1) licensing; (2) employment terms or status or hiring, promoting, or transferring; and (3) granting of staff appointments or other privileges. Sec. 161.705. ADVERSE ACTION RELATED TO EMPLOYMENT. A person, including 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 an applicant because of the applicant's conscientious refusal of a health care servi

  amended

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