Bill Caption

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

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

HB 1424 would allow a person to decline to participate  in a healthcare service for reasons of conscience except for providing emergency care or life-sustaining treatment as provided by advanced directives from patients. HB 1424 would describe a reason of conscience as a sincerely held set of moral convictions arising from: a belief in and relation to God; a religious faith or spiritual practice; or a moral philosophy or ethical position without regard to the connection of this philosophy being related to a religious faith. 

HB 1424 would prevent a physician or healthcare provider from being held civilly or criminally liable because they declines to participate in a health care service wholly or partly for reasons of conscience. 

HB 1424 would also prevent a person, including a public official or a medical school or other institution that conducts education or training programs for physicians or healthcare providers from taking an adverse action against a person who declines to participate in a healthcare service for reasons of conscience.

HB 1424 then requires health care facilities to 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. Those who decline to participate in providing a health care service for this reason would be required to notify the healthcare facility of the declination and comply with the applicable protocol. Such a protocol would not permit a facility, physician, or healthcare provider to counsel a patient to another physician or facility. 

A healthcare facility, physician, or healthcare provider licensed by Texas would be subject to review and disciplinary action by the licensing agency for violating these rights of people in the healthcare industry. HB 1424 would allow individuals injured by such a violation to file a complaint with the licensing agency for the offending party; and can file civil action to obtain injunctive relief, damages, or injunctive relief and damages. 

Vote Recommendation Notes

Texas Action supports HB 1424 which would prevent medical professionals from being forced to engage in practices that violate their sincerely held religious beliefs.