| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Yes | Neutral | Neutral | Positive | Neutral | Positive |
Relating to limitations on pelvic examinations; authorizing disciplinary action, including an administrative penalty.
No significant fiscal implication to the State is anticipated.
HB 1434 would prohibit health care providers from performing or delegating to another individual to perform a pelvic examination on an anesthetized or unconscious patient unless the pelvic exam is within the standard scope of the procedure, the patient gives informed consent for the exam, the exam is immediately necessary, or a court orders the exam.
Informed consent is gained by using a written or electronic form that is provided separately from any other notice or agreement, contains the following heading: "CONSENT FOR EXAMINATION OF PELVIC REGION", specifies the nature and purpose of the examination, informs the patient that a medical student or resident may be present to perform or observe the exam. This form also allows the patient the opportunity to consent or refuse to consent, and allows a patient that consents the opportunity to authorize a medical student to perform or observe the exam. The appropriate licensing authority may take disciplinary action against health care practitioners who violate this section.
Texas Action generally opposes state intervention in the relationship between healthcare providers and patients. However, HB 1434 is different from most such bills in that it protects the rights of patients to not be subject to pelvic examinations without their consent. 1434 benefits individual liberty and personal responsibility by protecting the rights of individuals to make their own informed healthcare decisions. Texas Action supports HB 1434.