HBA-NRS H.B. 1719 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1719
By: Eiland
Public Health
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

Some hospitals and health care providers ban the use of recording devices
in the delivery room during the birth of a child. A growing number of
hospitals and doctors, fearing that videotapes can provide evidence against
them in malpractice suits, have banned cameras from delivery rooms. House
Bill 1719 prohibits a health care provider, hospital, or birthing center
from prohibiting a person from using a recording device to record the
delivery of a child. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1719 amends the Health and Safety Code to prohibit a health care
provider, hospital, or birthing center from prohibiting a person from using
a recording device to record the delivery of a child. The bill provides
that a violation by a health care provider, hospital, or birthing center is
subject to the same consequence as a violation of the licensing law
applicable to the health care provider, hospital, or birthing center or of
a rule adopted under that licensing law. 

EFFECTIVE DATE

September 1, 2001.