By: Zwiener H.B. No. 5427       A BILL TO BE ENTITLED   AN ACT   relating to prohibited conduct, enforcement actions, and   proceedings concerning a pregnancy loss and to the provision of   pregnancy loss information.          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 174 to read as follows:   CHAPTER 174. PROHIBITED REPORT, DISCLOSURE, AND CRIMINAL OR CIVIL   ENFORCEMENT OF PREGNANCY LOSS          Sec. 174.001.  DEFINITIONS. In this chapter:                (1)  "Abortion" has the meaning assigned by Section   245.002.                (2)  "Electronic communication" means a communication   facilitated through use of an electronic device, including a   cellular telephone, computer, computer network, personal data   assistant, or pager. The term includes an e-mail, a text message,   an instant message, and any communication through a mobile   application for electronic devices or through an Internet website.                (3)  "Health care professional" means an individual who   is licensed, certified, or otherwise authorized by state law to   provide health care services in the ordinary course of business or   practice of a profession.                (4)  "Medical record" means a record in any form or   medium that a health care professional creates or receives to   document a patient's personal health information, including   medical history, diagnosis, treatment, or prognosis information.                (5)  "Miscarriage" means the natural or accidental   termination of a pregnancy occurring before a probable gestational   age of not more than 20 completed weeks.                (6)  "Pregnancy loss" means an intentional or   unintentional termination of a pregnancy at any stage. The term   includes a miscarriage, stillbirth, and abortion.                (7)  "Pregnancy loss-related complication" means a   physical or psychological condition arising from a pregnancy loss.   The term includes a hemorrhage, an infection, a uterine   perforation, depression, anxiety, or post-traumatic stress   disorder.                (8)  "Stillbirth" has the meaning assigned by Section   192.0022.          Sec. 174.002.  PROHIBITED REPORT OR DISCLOSURE OF PREGNANCY   LOSS BY CERTAIN HEALTH CARE PROFESSIONALS. (a) Notwithstanding   any other law and except as required by federal law, a health care   professional providing health care services to a patient who   experiences a pregnancy loss, or who the health care professional   reasonably suspects has experienced a pregnancy loss, may not   report or disclose that information to a peace officer or law   enforcement agency.          (b)  A health care professional's violation of Subsection   (a) constitutes a violation of Chapter 181 and the health care   professional is subject to enforcement actions under Subchapter E   of that chapter, including an action for injunctive relief or a   civil penalty and disciplinary action by the appropriate licensing   authority.          Sec. 174.003.  UNLAWFUL ACCESS OR DISCLOSURE OF MEDICAL   RECORDS ON PREGNANCY LOSS. A person who knowingly accesses or   discloses information contained in an individual's medical records   disclosed in violation of this chapter or other law is considered to   be in violation of Chapter 181 and the person is subject to   enforcement actions under Subchapter E of that chapter, including   an action for injunctive relief or a civil penalty and disciplinary   action by the appropriate licensing authority.          Sec. 174.004.  PROHIBITED REPORT TO LAW ENFORCEMENT.   Notwithstanding any other law and unless the circumstances   constitute a clear and present danger to an individual who   experienced a pregnancy loss, a person may not use the individual's   pregnancy loss experience as the basis for filing a report to a   peace officer or law enforcement agency.          Sec. 174.005.  PROHIBITED ENFORCEMENT OF CRIMINAL OFFENSE.   A health care professional's treatment for pregnancy loss-related   complications does not through the treatment alone constitute   probable cause for the arrest or detainment of an individual for an   offense under:                (1)  Chapter 170A;                (2)  Chapter 171; or                (3)  Chapter 6-1/2, Title 71, Revised Statutes.          Sec. 174.006.  REQUIRED CONSENT FOR INTERVIEW OR QUESTIONING   ON PREGNANCY LOSS. (a) A peace officer may not conduct an   interview with or otherwise question an individual for any purpose   regarding a pregnancy loss the individual experienced or may have   experienced unless the peace officer obtains the individual's   written consent for the interview or questioning.          (b)  A statement a peace officer obtains in violation of   Subsection (a) is not admissible as evidence in any proceeding   concerning the matter about which the statement was given.          Sec. 174.007.  PREGNANCY LOSS MEDICAL RECORDS AND   COMMUNICATIONS NOT SUBJECT TO DISCLOSURE. (a) Except as provided   by Subsection (b), in a civil action or criminal proceeding related   to an individual's pregnancy loss, the individual's medical records   or electronic communications are not:                (1)  admissible as evidence;                (2)  subject to disclosure, inspection, or copying   under Chapter 552, Government Code; and                (3)  subject to discovery, subpoena, or other means of   legal compulsion for the release of the records or communications.          (b)  Subsection (a) shall not apply if:                (1)  The individual who experienced pregnancy loss   provides informed, written consent to the particular use of the   records or communications, or;                (2)  The records are being used in a criminal   proceeding by the prosecution in a domestic or family violence case   where the individual experiencing pregnancy loss was the victim.          Sec. 174.008.  STATEMENT OR TESTIMONY OF INDIVIDUAL WHO   EXPERIENCED PREGNANCY LOSS. (a) In a civil action related to an   individual's pregnancy loss, including an action filed under   Section 171.208, the individual may not be compelled to make a   statement during a deposition or testify.          (b)  The court or the counsel in an action described by   Subsection (a) may not comment on the individual's refusal to make a   statement or testify, and the trier of fact may not draw any adverse   inference from the individual's refusal to make a statement or   testify.          Sec. 174.009.  PREGNANCY LOSS EDUCATIONAL AND INFORMATIONAL   MATERIALS. (a) The commission shall develop for health care   professionals educational materials on the requirements of this   chapter and the importance of protecting the privacy of individuals   who experience pregnancy loss. The materials must include:                (1)  information on a health care professional's duties   under this chapter;                (2)  guidance on best practices for a health care   professional to maintain patient confidentiality; and                (3)  information on available training courses on   appropriate patient support services available through licensed   medical practices or facilities regulated by the Texas Medical   Board.          (b)  The commission shall develop informational materials   for individuals who experience a pregnancy loss. The materials   must include:                (1)  information on the privacy rights afforded under   this chapter to individuals who experience a pregnancy loss;                (2)  contact information for available support   services available through licensed medical practices or   facilities regulated by the Texas Medical Board, including   counseling and mental health services; and                (3)  guidance on the procedure for submitting a   complaint to the commission under Section 174.010.          (c)  The commission shall publish the educational and   informational materials described by Subsections (a) and (b) on the   commission's Internet website.          (d)  A health care professional who provides health care   services to a patient who experiences pregnancy loss shall provide   to the patient a written copy of the informational materials   described by Subsection (b).          Sec. 174.010.  COMPLAINT PROCEDURE; CONFIDENTIAL   INFORMATION. (a) The commission shall implement a procedure for   individuals to submit to the commission a confidential complaint   alleging a violation of this chapter. The procedure must include an   anonymous hotline and an online portal for submitting a complaint.          (b)  The executive commissioner shall adopt rules to   implement and administer the complaint process, including rules   establishing procedures for the commission to investigate and   respond to alleged violations of this chapter identified in a   complaint.          (c)  Any personally identifying information in a patient's   medical records or electronic communications acquired by the   commission under this section is confidential and is not subject to   disclosure under Chapter 552, Government Code.          SECTION 2.  Section 174.006, Health and Safety Code, as   added by this Act, applies only to an interview or other questioning   that occurs on or after the effective date of this Act. An   interview or other questioning that occurs before the effective   date of this Act is governed by the law in effect on the date the   interview or other questioning occurred, and the former law is   continued in effect for that purpose.          SECTION 3.  Sections 174.007 and 174.008, Health and Safety   Code, as added by this Act, apply only to a civil action or criminal   proceeding related to an individual's pregnancy loss that is filed   on or after the effective date of this Act. A civil action or   criminal proceeding that is filed before the effective date of this   Act is governed by the law in effect on the date the action or   proceeding began, and the former law is continued in effect for that   purpose.          SECTION 4.  (a) Not later than December 31, 2025, the Health   and Human Services Commission shall develop and publish on the   commission's Internet website the educational and informational   materials required by Section 174.009, Health and Safety Code, as   added by this Act.          (b)  Notwithstanding Section 174.009(d), Health and Safety   Code, as added by this Act, a health care professional who provides   health care services to a patient who experiences a pregnancy loss   is not required to comply with that provision until January 1, 2026.          SECTION 5.  As soon as practicable after the effective date   of this Act but not later than January 1, 2026, the executive   commissioner of the Health and Human Services Commission shall   adopt rules necessary to implement and administer Section 174.010,   Health and Safety Code, as added by this Act.          SECTION 6.  This Act takes effect September 1, 2025.