Relating to information regarding perinatal palliative care; creating an administrative penalty.
Summary
SB 1233, the Perinatal Palliative Care Act, requires the state to create and publish informational materials about perinatal palliative care for pregnant women whose unborn children are diagnosed with a life-threatening or life-limiting condition. The bill defines perinatal palliative care broadly as supportive care for the pregnant woman, unborn child or infant, and family, and says it may be provided alongside curative or life-prolonging treatment. It also directs the state to maintain a geographically indexed list of providers and programs, including contact information and whether services are free of charge.
The bill further requires a health care provider who makes such a diagnosis to give the patient the state materials, the provider list, and a certification form, and to obtain the signed form for the medical record. If the provider has already documented a signed certification form for that pregnancy, the materials do not have to be provided again. The bill creates a complaint process and authorizes disciplinary action by the relevant licensing agency for violations, including a written warning for a first violation and a $1,000 administrative penalty for subsequent violations. It takes effect September 1, 2025.
Impact
SB 1233 amends Chapter 161 of the Texas Health and Safety Code by adding a new subchapter on perinatal palliative care. It imposes new duties on health care providers who diagnose severe fetal conditions, requires the Health and Human Services Commission to develop and post materials and provider lists, and creates enforcement mechanisms through licensing agencies and administrative penalties. The bill also affects how providers, hospitals, and state agencies document and communicate care options in pregnancies involving life-limiting diagnoses.
Sentiment
The bill appears to have generally favorable support, as reflected by passage in both chambers and final enactment. The Senate passed the bill by a 25-6 vote, and the House ultimately approved it 79-55, though the House votes show more division than the Senate. The failed amendment votes in the House suggest there was some effort to modify the bill, but the underlying measure still advanced to final passage.
Contention
The main points of contention appear to center on the bill’s mandatory disclosure and documentation requirements for health care providers, as well as the enforcement provisions tied to licensing discipline and monetary penalties. The bill also contains language excluding abortion providers and certain affiliates from the state’s provider list unless they perform abortions only in a medical emergency, which likely reflects a significant policy and ideological divide. The narrower House margins and failed amendment attempts indicate that while the bill had enough support to pass, some legislators objected to its scope, provider-list restrictions, or regulatory burden.
Relating to perinatal bereavement care provided by certain hospitals, a perinatal bereavement care initiative, and a perinatal bereavement care hospital recognition program.