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Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB713

Regular Session

Relating to an exception to certain reporting requirements for health care providers reviewing selected cases for the Texas Maternal Mortality and Morbidity Review Committee.

Government Affairs & Regulatory Compliance Analysis

HB713: Government Affairs Overview

HB713 creates an immediate statutory "safe harbor" for healthcare providers serving on the Texas Maternal Mortality and Morbidity Review Committee (TMMMRC). Effective immediately, physicians and nurses are exempt from mandatory professional reporting requirements regarding peer misconduct discovered solely during the review of a selected mortality case. This legislation removes the liability conflict between state-level mortality review participation and the duty to report to licensing boards.

Rep. Donna Howard·House Bill·Regular Session

Low
Low Cost
Effective:2025-06-20
Enforcing Agencies

Texas Board of Nursing • Texas Department of State Health Services • Texas Maternal Mortality and Morbidity Review Committee • Texas Medical Board

Business Impact

Who HB713 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: low

Standard regulatory changes (effective 2025-06-20). Review during normal business planning.

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Healthcare

Affected business types:

  • Hospitals
  • Healthcare systems
  • Medical practices
  • Health insurance providers
View all healthcare legislation

Key Operational Considerations

  • 1Staffing Agency Riders: If agency nurses serve on the committee, ensure vendor contracts acknowledge that the facility cannot compel these nurses to disclose information found during state reviews.
  • 2"Duty to Report" Training: Update annual compliance modules. Staff must understand the distinction:

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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HB713
Relating to an exception to certain reporting requirements for health care providers reviewing selected cases for the Texas Maternal Mortality and Mor...
Low Urgency
Heavily Contested
House Vote105 - 34
YEA
NAY
76% in favor139 voting
Senate Vote28 - 3
YEA
90% in favor31 voting
37
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
Texas Board of NursingTexas Department of State Health...Texas Maternal Mortality and Mor...Texas Medical Board
Primary Author: Rep. Donna Howard
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Immediate effect).
  • Compliance Deadline: Immediate. Organizations must cease penalizing or mandating reporting for conduct discovered during TMMMRC reviews as of this date.
  • Agency Rulemaking: No specific rulemaking is mandated by the bill; however, the Texas Medical Board (TMB) and Texas Board of Nursing (BON) may issue guidance updates to their respective disciplinary matrices to reflect this exemption.

Immediate Action Plan

  • 1. Identify Participants: Immediately survey medical staff and nursing leadership to identify any individuals currently serving on the TMMMRC.
  • 2. Issue Legal Hold: Instruct these individuals that they are statutorily prohibited from reporting peer misconduct discovered during their committee work to the TMB or BON.
  • 3. Update Bylaws: Amend Medical Staff Bylaws to reflect that TMMMRC participation constitutes a valid exception to the hospital's blanket reporting requirements.
  • 4. Verify Insurance: Confirm with your malpractice carrier that administrative defense coverage applies to complaints regarding "failure to report" where this statutory defense is utilized.

Operational Changes Required

Contracts

  • Employment Agreements: Review termination clauses related to "failure to report" or "compliance with professional standards." Ensure that silence regarding TMMMRC case details is explicitly protected and cannot be construed as a breach of contract or cause for termination.
  • Staffing Agency Riders: If agency nurses serve on the committee, ensure vendor contracts acknowledge that the facility cannot compel these nurses to disclose information found during state reviews.

Hiring/Training

  • "Duty to Report" Training: Update annual compliance modules. Staff must understand the distinction:
  • Internal Peer Review: Duty to report remains active.
  • State TMMMRC Review: Duty to report is suspended.
  • Confidentiality Protocols: Reinforce that this exemption is narrow; it does not authorize discussing the case outside the committee, it merely protects the reviewer from administrative penalties for *not* reporting the provider involved.

Reporting & Record-Keeping

  • Defensive Documentation: Providers serving on the TMMMRC must maintain logs of case numbers and review dates (compliant with HIPAA). If a licensing board investigates a provider for "failure to report" a peer's error, the reviewer must prove the information was obtained *exclusively* through the TMMMRC process to claim this statutory defense.
  • Incident Reporting: No new forms are required. This is a reduction in reporting volume.

Fees & Costs

  • None. There are no new fees or fiscal impacts associated with this legislation.

Strategic Ambiguities & Considerations

  • The "Dual Knowledge" Doctrine: The statute exempts reporting of information learned "during the review." It does not exempt information learned through other channels. If a physician witnesses an error in the OR (Source A) and later reviews the mortality case (Source B), the exemption applies to Source B, but the duty to report likely remains for Source A. Risk: Do not rely on TMMMRC participation to shield prior, direct knowledge of misconduct.
  • Scope of "Conduct": The text refers to conduct related to the provider's profession. It likely does not shield the duty to report criminal behavior (e.g., assault, impairment due to illegal substances) to law enforcement. General Counsel should assume the exemption applies strictly to clinical standard-of-care issues until case law suggests otherwise.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Nov 12, 2024
Passed House
May 1, 2025
Passed Senate
May 28, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsHealthHealth--generalOccupational RegulationOccupational Regulation--health OccupationsWomenTexas Maternal Mortality and Morbidity Review CommitteeHealth Care ProvidersNurses & Nurse Aides
03

House Authors

Rep. Donna HowardDemocrat · Primary Author
Joint Authors
Coauthors (2)

Senate Sponsors

Sen. Molly CookDemocrat · Primary Sponsor
Cosponsors (6)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Donna Howard

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB713

Q

What does Texas HB713 do?

HB713 creates an immediate statutory "safe harbor" for healthcare providers serving on the Texas Maternal Mortality and Morbidity Review Committee (TMMMRC). Effective immediately, physicians and nurses are exempt from mandatory professional reporting requirements regarding peer misconduct discovered solely during the review of a selected mortality case. This legislation removes the liability conflict between state-level mortality review participation and the duty to report to licensing boards.

Q

Who authored HB713?

HB713 was authored by Texas Representative Donna Howard during the Regular Session.

Q

When was HB713 signed into law?

HB713 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB713?

HB713 is enforced by Texas Board of Nursing, Texas Department of State Health Services, Texas Maternal Mortality and Morbidity Review Committee and Texas Medical Board.

Q

How significant are the changes in HB713?

The regulatory priority for HB713 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of HB713?

The cost impact of HB713 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB713 address?

HB713 addresses topics including health, health--general, occupational regulation, occupational regulation--health occupations and women.

Q

What are the key dates for HB713?

Key dates for HB713: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Q

Which Texas businesses are affected by HB713?

HB713 primarily affects healthcare providers and medical facilities. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026