§ Requires certain health benefit plans (plans) to permit a woman to select, in addition to a primary care physician, an obstetrician or gynecologist (Ob/Gyn) to provide health care services within the scope of the professional specialty practice.

§ Requires plans to permit a woman who selects an Ob/Gyn direct access to the health care services without prior authorization or precertification.

§ Prohibits plans from sanctioning or terminating primary care physicians as a result of women directly selecting an Ob/Gyn.

§ Requires plans to provide to persons covered by their plan notice of the choices of types of physician providers for the direct access to health care services.

§ Requires parental notification before an abortion can be performed on a minor by a licensed physician and provides the following exceptions to parental notification:

§ the minor does not have a guardian or managing conservator;

§ the minor is granted a court order that authorizes the minor to consent;

§ the abortion is a medical emergency and there is insufficient time to provide the required notice; and

§ the person to whom notice is given cannot be located after a constructive attempt.

§ Provides that a physician who violates this section commits a Class A misdemeanor.

§ Authorizes a court, guardian, or attorney for the minor to report sexual abuse of the minor based on information obtained during a confidential court proceeding to the appropriate law enforcement regulatory agency.

§ Requires the Health and Human Services Commission (HHSC) to develop a pilot program which provides comprehensive health care services to the diabetic population in selected counties with a high incidence of and a high death rate from diabetes. Requires the program to be administered by the Texas Diabetes Council (council). Establishes the membership of the council. Requires the HHSC to report the findings of the program to the legislature.

§ Requires the commissioner of insurance, in consultation with the council, to adopt, by rule, minimum standards for benefits provided by certain health care plans to enrollees with diabetes.

§ Requires the council to provide a plan for providing public awareness information through businesses, civic organizations, and similar entities in its general public awareness strategy. Requires the council to develop and make available diabetes materials at public and secondary schools.

§ Requires the State Board of Education to develop a diabetes education program.

§ Charges inmates in Texas Department of Criminal Justice (TDCJ) facilities, other than a halfway house, a $3 co-pay for initiating medical visits.

§ Prohibits TDCJ from charging a co-payment for health care: provided in instances of life-threatening situations; initiated by TDCJ; initiated by the health care provider or consisting of routine follow-up, prenatal, or chronic care; or provided under a contractual obligation.

§ Prohibits TDCJ from denying an inmate access to health care as a result of failure or inability to pay. Credits funds generated in excess of operating costs to the general revenue fund.

§ Requires certain health benefit plans that provide coverage for a mastectomy resulting from breast cancer to provide coverage for a breast reconstruction operation to restore or achieve breast symmetry after a mastectomy has been performed.

§ Requires certain health benefit plans to provide coverage of tests for the detection of prostate cancer.

§ Requires a comprehensive medical rehabilitation hospital and pediatric and adolescent hospital to have an emergency treatment room, but does not require them to have an emergency department.

§ Defines "premises" as a single building where inpatients receive hospital services, or multiple buildings where inpatients receive hospital services if they meet criteria as specified.

§ Adds authority for the hospital licensing advisory council to recommend to the board of health waiving or modifying requirements on minimum standards to a particular general or special hospital.

§ Allows a pharmacist to administer immunizations and vaccinations under a physician's written prescription.

§ Requires the Texas State Board of Pharmacy:

§ to require pharmacists to notify the prescribing physician within 24 hours of administering the immunization or vaccination; and

§ to establish minimum education and continuing education standards for pharmacists.

§ Sets forth the standards for defining adequate physician supervision in this matter.

§ Prohibits a managed care entity from:

§ requiring a participating physician to prescribe an immunization or vaccination be administered by a pharmacist;

§ limiting immunization or vaccination benefits to enrollees to those administered by a pharmacist;

§ providing financial incentives to physicians to prescribe immunizations or vaccinations; and

§ imposing a financial or other penalty on a physician who refuses to prescribe immunizations or vaccinations.

§ Authorizes the Texas Department of Health, before issuing a renewal license to a hospital, to conduct an inspection of a Medicare certified or accredited hospital, if the hospital has not been inspected by the appropriate national bodies within the last three years.

§ Requires the Texas Commission for the Blind to develop a Blindness Education, Screening, and Treatment Program for residents of Texas who are not covered under an adequate health benefit plan.

§ Authorizes a $1 increase in the fee for the issuance and renewal of a driver's license or a personal identification card, upon permission, to fund the program.

§ Requires certain health benefit plans that provide maternity benefits to include coverage for inpatient care for a mother and her newborn child in a health care facility for a minimum of 48 hours following an uncomplicated vaginal delivery, and 96 hours following an uncomplicated delivery by cesarean section.

§ Requires each manufacturer to file with the Texas Department of Health (TDH) an annual report for each cigarette or tobacco product stating the identity of each ingredient, and a nicotine yield rating.

§ Provides that this section does not require a manufacturer to disclose the specific amount of any ingredient in a cigarette or tobacco product if that ingredient has been federally approved as safe.

§ Requires each manufacturer to assign a nicotine yield rating to each cigarette or tobacco product.

§ Requires the rating to be assigned in accordance with standards adopted by TDH.

§ Provides that information included in a report is public information and is not confidential unless otherwise determined.

§ Authorizes a district court to prohibit the sale or distribution in this state of a cigarette or tobacco product or grant any other injunctive relief warranted by the facts, on petition of TDH and on a finding by the court that a manufacturer has failed to file the annual report to TDH.

§ Requires the attorney general to institute and conduct a suit as authorized at the request of TDH, to be brought in Travis County.

§ Revises the Intractable Pain Treatment Act with regard to chemically dependent persons.

§ Provides no authority for a physician to prescribe or administer dangerous drugs or controlled substances to a person for other than legitimate medical purposes and who the physician knows or should know to be using drugs for nontherapeutic purposes.

§ Authorizes a physician to treat certain chemically dependent patients who develop an acute or chronic painful medical condition with a dangerous drug or a controlled substance.

§ Requires a physician to monitor the patient to ensure the prescribed dangerous drug or controlled substance is used only for the treatment of the painful medical condition. Requires a physician to document specific items and consult with a health care professional, as appropriate.

§ Specifies that the Texas State Board of Medical Examiners has the right to cancel, revoke, or suspend the license of any physician who prescribes, administers, or dispenses a drug or treatment for other than legitimate medical purposes as defined by the board and that is nontherapeutic.

§ Provides that the Intractable Pain Treatment Act is not intended or to be interpreted to allow for prescribing illegal substances to any patient or person in violation of federal law.

§ Requires health benefit plans that provide benefits for the treatment of breast cancer to include coverage for inpatient care.

§ Prohibits the issuer of a health benefit plan from taking certain actions in order to limit coverage.

§ Requires the Texas Medical Disclosure Panel (panel) to develop and prepare written materials to inform a patient of the risks and hazards of a hysterectomy. Sets forth requirements of information which must be included in the written materials.

§ Requires the panel to consult with the Texas State Board of Medical Examiners before developing written materials.

§ Requires the TDH, rather than the Texas Board of Health (board) , to apply to become an accreditation body under the Mammography Quality Standards Act of 1992 .

§ Requires mammography systems to meet minimum criteria for certification, including operation by an individual certified as a medical radiologic technologist under Texas law who also meets requirements established by the Mammography Quality Standards Act of 1992.

§ Provides for certification for three years, instead of one year.

§ Requires the board to set and collect an annual fee for certification holders. Authorizes a late fee in addition to the annual fee.

§ Requires TDH to inspect each mammography system that has not been fully certified under the Mammography Quality Standards Act of 1992.

§ Requires a facility to notify recent patients if a facility's mammography system fails to meet TDH's certification standards and the failure is a Severity Level I violation under TDH rules.

§ Authorizes TDH to require a facility to notify patients of any other failure of the facility's mammography system to meet certification standards.

§ Repeals provisions allowing alternative certification of facilities.

§ Provides for the establishment of a physician recruitment program for medically underserved areas.

§ Requires the executive committee of the Center for Rural Health Initiatives (executive committee) to establish a program in the Center for Rural Health Initiatives (center) to assist communities in recruiting and retaining physicians to practice in medically underserved areas.

§ Authorizes the center to award a stipend, not to exceed $15,000 per year, to a physician entering into a written contract to provide services in a medically underserved area.

§ Makes the physician liable for the stipend amount, interest on the amount, and reasonable state expenses, if the physician does not comply with contract terms.

§ Authorizes the center to seek, receive, and spend money received through an appropriation, grant, donation, or reimbursement from any public or private source to administer the program.

§ Establishes an exemption for faith-based chemical dependency treatment programs that fulfill certain qualifications from the regulations for chemical dependency treatment facilities.

§ Prohibits an exempted program from providing medical care, medical detoxification, or medical withdrawal services.

§ Prohibits a state agency from denying an individual, a state, or federal social service benefit on the basis that the individual is participating in a faith-based residential chemical dependency treatment program.

§ Authorizes a home and community support services agency or its nursing employees to purchase, store, or transport certain dangerous drugs for the purpose of administering the drugs under a physician's standing orders. Requires that any standing order for the vaccine or tuberculin meet specified requirements.

§ Requires a home and community support services agency to establish policies and procedures to ensure safe handling and storage and correct administration of the drugs.