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A BILL TO BE ENTITLED
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AN ACT
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relating to abortion safety; authorizing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.006(b), Health and Safety Code, as |
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added by Chapter 4 (H.B. 13), Acts of the 85th Legislature, 1st |
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Called Session, 2017, is amended to read as follows: |
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(b) The reporting requirements of this section apply only |
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to: |
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(1) a physician who: |
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(A) performs at an abortion facility an abortion |
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that results in an abortion complication diagnosed or treated by |
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that physician; or |
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(B) diagnoses or treats [at an abortion facility] |
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an abortion complication that is the result of an abortion |
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performed by another physician [at the facility]; or |
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(2) a health care facility that is a hospital, |
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abortion facility, freestanding emergency medical care facility, |
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or health care facility that provides emergency medical care, as |
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defined by Section 773.003. |
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SECTION 2. Subchapter A, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.008 to read as follows: |
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Sec. 171.008. REQUIRED FOLLOW-UP APPOINTMENT. (a) A |
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physician who performs an abortion or gives, sells, dispenses, |
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administers, provides, or prescribes an abortion-inducing drug, as |
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defined by Section 171.061, or the physician's agent, must schedule |
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a follow-up appointment for the woman on a date not more than 14 |
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days after the date the abortion is performed or the drug is |
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administered or used. At the appointment, the physician must: |
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(1) confirm the woman's pregnancy is completely |
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terminated; and |
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(2) assess any continued blood loss. |
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(b) The Texas Medical Board may take disciplinary action |
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under Chapter 164, Occupations Code, or assess an administrative |
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penalty under Subchapter A, Chapter 165, Occupations Code, against |
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a physician who violates Subsection (a). |
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(c) A penalty may not be assessed against a pregnant woman |
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who receives an abortion. |
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SECTION 3. Subdivision (3), Section 171.061, Health and |
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Safety Code, is redesignated as Subdivision (8-a), Section 171.061, |
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Health and Safety Code, and amended to read as follows: |
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(8-a) "Printed [(3) "Final printed] label" [or "FPL"] |
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means the informational document approved by the United States Food |
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and Drug Administration for an abortion-inducing drug that: |
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(A) outlines the protocol authorized by that |
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agency and agreed to by the drug company applying for authorization |
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of the drug by that agency; and |
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(B) delineates how a drug is to be used according |
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to approval by that agency. |
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SECTION 4. Sections 171.063(a), (d), and (f), Health and |
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Safety Code, are amended to read as follows: |
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(a) A person may not knowingly give, sell, dispense, |
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administer, provide, or prescribe an abortion-inducing drug to a |
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pregnant woman for the purpose of inducing an abortion in the |
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pregnant woman or enabling another person to induce an abortion in |
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the pregnant woman unless: |
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(1) the person who gives, sells, dispenses, |
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administers, provides, or prescribes the abortion-inducing drug is |
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a physician; and |
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(2) except as otherwise provided by Subsection (b), |
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the provision, prescription, or administration of the |
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abortion-inducing drug satisfies the protocol tested and |
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authorized by the United States Food and Drug Administration as |
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outlined in the [final] printed label of the abortion-inducing drug |
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as of January 1, 2021. |
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(d) The physician who gives, sells, dispenses, administers, |
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provides, or prescribes an abortion-inducing drug shall provide the |
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pregnant woman with: |
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(1) a copy of the [final] printed label of that |
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abortion-inducing drug as of January 1, 2021; and |
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(2) a telephone number by which the pregnant woman may |
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reach the physician, or other health care personnel employed by the |
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physician or by the facility at which the abortion was performed |
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with access to the woman's relevant medical records, 24 hours a day |
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to request assistance for any complications that arise from the |
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administration or use of the drug or ask health-related questions |
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regarding the administration or use of the drug. |
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(f) The physician who gives, sells, dispenses, administers, |
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provides, or prescribes the abortion-inducing drug, or the |
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physician's agent, shall make a reasonable effort to ensure that |
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the woman returns for the scheduled follow-up appointment [visit] |
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under Section 171.008 [Subsection (e)]. The physician or the |
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physician's agent shall document a brief description of any effort |
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made to comply with this subsection, including the date, time, and |
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name of the person making the effort, in the woman's medical record. |
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SECTION 5. Section 171.063(e), Health and Safety Code, is |
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repealed. |
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SECTION 6. The changes in law made by this Act apply only to |
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an abortion performed or induced on or after the effective date of |
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this Act. An abortion performed or induced before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |