HB 2950 in Texas: It's ok to discriminate. Also, where is your husband, woman?

  1. The whole article is here:
    With All Eyes On Trump, Texas May Soon Pass Horrific Anti-LGBTQ Laws

    The part that really caught my attention:

    "Getting less attention, however, are the insidious attempts to write discrimination into must-pass bills that have already been debated. An amendment added at the last minute to a nursing care bill, HB 2950, for example, would bar the Texas Board of Nursing from punishing discriminatory actions if they are committed in the service of a nurse’s “religious beliefs.” According to the Texas Freedom Network (TFN), a watchdog and activist group, a nurse could “cite his religious beliefs as a reason to refuse to care for a gay patient on the grounds that he believes homosexuality is a sin” or is against his faith. “A nurse who believes that men are the head of the household,” the group also notes, “could breach client confidentiality to disclose a woman’s medical condition to her husband against her wishes.”

    I've been all over the Texas Legislature site looking for more info on this part of HB 2950 and can't find anything on such an amendment. I'm interested in learning more.
    Also, what the WHAT?
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  2. 27 Comments

  3. by   mmc51264
    How can a state pass a law that violates Federal Law (Hipaa)?
  4. by   caliotter3
    Quote from mmc51264
    How can a state pass a law that violates Federal Law (Hipaa)?
    The states that have legalized marijuana use while the federal law still stands have done that.
  5. by   Rose_Queen
    Quote from caliotter3
    The states that have legalized marijuana use while the federal law still stands have done that.
    But the federal government still has the potential to prosecute; they're just letting it slide. I don't think they'd do the same with HIPAA, especially as a lot of government money goes into health care (Medicare/Medicaid/military).
  6. by   LovingLife123
    I guess I'd like to see the actual bill itself and not an Internet article. Sometimes these can get blown out of proportion when it's not really at all what a bill says.

    I'm not saying it doesn't say that but you would need to read the bill itself. I can't imagine that would happen as it would be truly awful.
  7. by   Buggus
    Yes! I was on the Texas Legislature site searching through all the documents of the bill and there was no mention of the above amendments at all. So either the uploaded documents are not up to date yet or someone spun a juicy story out of nothing. Either way, just, wow.
  8. by   Anonymous865
    I think this is the ammendment they were referring to:

    HB 295, Hse 2nd Rdg, Amnd #7

    The news article you reference has a link to HP 2950, but it is the link to the original bill. That shows you the ammendments to the bill from last year's legislative session (84R).

    You have to change to the current legislative session (85R) to see the latest ammendments. Look in the upper right corner for the "Bill:" field. Change the drop down from 84R to 85R. Then type HB2950 in the field. It will show you all the ammendments from the current legislative session. It is ammendment H 2 7.
  9. by   heron
    Quote from Buggus
    Yes! I was on the Texas Legislature site searching through all the documents of the bill and there was no mention of the above amendments at all. So either the uploaded documents are not up to date yet or someone spun a juicy story out of nothing. Either way, just, wow.
    Or the amendments were proposed then withdrawn. Or never proposed, just articulated as a wish list. Or someone is feeling panicky and overreacting.

    Or what she said^^
  10. by   hppygr8ful
    Quote from Buggus
    The whole article is here:
    With All Eyes On Trump, Texas May Soon Pass Horrific Anti-LGBTQ Laws

    The part that really caught my attention:

    "Getting less attention, however, are the insidious attempts to write discrimination into must-pass bills that have already been debated. An amendment added at the last minute to a nursing care bill, HB 2950, for example, would bar the Texas Board of Nursing from punishing discriminatory actions if they are committed in the service of a nurse’s “religious beliefs.” According to the Texas Freedom Network (TFN), a watchdog and activist group, a nurse could “cite his religious beliefs as a reason to refuse to care for a gay patient on the grounds that he believes homosexuality is a sin” or is against his faith. “A nurse who believes that men are the head of the household,” the group also notes, “could breach client confidentiality to disclose a woman’s medical condition to her husband against her wishes.”

    I've been all over the Texas Legislature site looking for more info on this part of HB 2950 and can't find anything on such an amendment. I'm interested in learning more.
    Also, what the WHAT?

    HB2950 - You can download any bill and read it in full on several government websites. I would not be surprised of Texas included a religious beliefs clause - however I doubt it would go so far as the HIPAA violation cited. You all ever heard of "Fake News"

    Hppy
  11. by   Oregon, My Oregon
    The issue with provisions like this is that they don't have to spell out all the ways they may be used. They simply say what they say, and then often it's up to the courts to challenge untenable aspects and hammer out the limits.
    A law that allows anyone to do anything within their professional practice according to their personal religious beliefs may be a very destructive thing before it's all said and done. What really gets me here is that people who support these laws often don't really want true libertarian freedom. They don't want other people to have the freedom to, say, perform same-sex​ marriages or provide high-quality abortion care according to their religious beliefs.
  12. by   LovingLife123
    Well that is very hard to understand. Lol. It looks like to me the board can't discriminate for application purposes and also can't come after a nurse for freedom of speech. What I'm thinking it applies to is coming after somebody for say social media posts? They can say it has to do with their religion.

    What I'm gathering is this has to do with that nurse that was fired in Canada and had charges brought by the board for exercising her viewpoint on social media.

    No where in there does it state a nurse can refuse care if a patient based on their religious beliefs.
  13. by   Kooky Korky
    Devil's advocate here - suppose someone really does believe homosexuality is a sin and that it does
    violate that person's religious views to treat homosexual persons. What about the sins of gluttony,
    murder, and lots of other sins? Maybe someone has a problem treating these sinners, too. Now what?

    Recall the pharmacists who believe it violates their religious beliefs to sell the morning after pill and
    refused to sell it. I think it's OTC now, so no more issues with it.

    Whose rights and beliefs get priority?

    Suppose a woman has no husband. She's a widow, divorcee, never married, husband is overseas and
    not reachable. Is her father or her brother her head? Does this rule treat her like a child or does it "only"
    take away her right to privacy? (Please note the parentheses, indicating that I think her right to privacy
    should not be violated).

    As a very new nurse in the OR, I thought we were doing D & C's. Guess what they really were (abortions) -
    according to a fellow nurse, who mentioned it several months after I'd participated in more than a few.
    I am very angry to think I was not informed and was not asked if I would be OK doing them.
  14. by   Meeshie
    Looking at what they're trying to do.... it looks like the bill amendment is directed at controlling the BON and their ability to police certain actions. It would allow nurses to claim "religious causes" if they do something that would violate nursing ethics thus escaping punishment or loss of license. That's broad as hell and it could do a lot or nothing depending on how it ends up being used. It would certainly protect patient abandonment, for example. "I can't care for this person because my god says so" which.. yeah. On the other hand the amendment is directed at the BON and not at criminal legislation so it doesn't protect from violating federal laws if they are prosecuted on a federal level.

    The pharmacist one exists in other states. It allows pharmacists to go with their own beliefs in what drugs they will or won't give out. It came into existence elsewhere when the morning after pill hit the market because Christian pharmacists were in an uproar that they'd have to violate their beliefs. I suppose you could also apply that to drugs for transitioning or for anything else that anyone decided was immoral.

    None of this is shocking because its Texas... which is very very very well known for its issues, lets be honest.

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