Starting Sept. 14, Texas physicians will be required to provide certain pregnant patients with perinatal palliative care informational materials and a list of supporting physicians and clinics.
Senate Bill 1233, passed by the Texas Legislature in 2025 with the Texas Medical Association’s support, requires that a pregnant woman whose unborn child is diagnosed with a life-threatening or life-limiting illness or medical condition be informed about the availability of perinatal palliative care services.
Perinatal palliative care is specialized, coordinated medical and emotional support for families expecting a baby with a serious or life-limiting condition diagnosed before or shortly after birth.
After providing that information, physicians are also required to have patients sign an acknowledgment form, which must be placed in their medical records. Form 3281, also known as the Perinatal Palliative Care Certification form, is now available in English and Spanish on the Texas Health and Human Services Commission (HHSC) website.
Kari Fay, MD, a New Braunfels obstetrician-gynecologist and chair of TMA’s Committee on Reproductive, Women’s, and Perinatal Health, warns physicians to stay on top of the state mandate.
“Health care providers who fail to comply with the bill's requirements may face administrative penalties,” she said.
The requirement supports mothers’ right to know their options, she adds.
“TMA will always support any initiatives to increase patient education, particularly in this area that is so controversial,” Dr. Fay said. “What we’re trying to do is increase the safety net and resources available in the current state of affairs as much as possible.”
The form itself is a half-page document that patients are required to initial and sign, attesting that a health care provider gave perinatal palliative care informational materials along with the list of available providers and programs.
The Texas Family Resources website, maintained by HHSC, provides perinatal palliative care information along with a directory of physicians and clinics across the state.