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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of abortion, including abortion |
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complication reporting and the repeal of certain laws prohibiting |
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abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 171.006(a) and (b), Health and Safety |
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Code, as added by Chapter 4 (H.B. 13), Acts of the 85th Legislature, |
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1st Called Session, 2017, are amended to read as follows: |
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(a) In this section, "abortion complication" [or "adverse |
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event"] means any harmful event or adverse outcome with respect to a |
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patient related to an abortion that is performed [or induced] on the |
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patient and that is diagnosed or treated by a health care |
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practitioner or at a health care facility and includes: |
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(1) shock; |
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(2) uterine perforation; |
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(3) cervical laceration; |
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(4) hemorrhage; |
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(5) aspiration or allergic response; |
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(6) infection; |
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(7) sepsis; |
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(8) death of the patient; |
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(9) incomplete abortion; |
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(10) damage to the uterus; or |
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(11) an infant born alive after the abortion[; |
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[(12) blood clots resulting in pulmonary embolism or |
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deep vein thrombosis; |
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[(13) failure to actually terminate the pregnancy; |
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[(14) pelvic inflammatory disease; |
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[(15) endometritis; |
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[(16) missed ectopic pregnancy; |
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[(17) cardiac arrest; |
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[(18) respiratory arrest; |
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[(19) renal failure; |
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[(20) metabolic disorder; |
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[(21) embolism; |
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[(22) coma; |
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[(23) placenta previa in subsequent pregnancies; |
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[(24) preterm delivery in subsequent pregnancies; |
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[(25) fluid accumulation in the abdomen; |
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[(26) hemolytic reaction resulting from the |
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administration of ABO-incompatible blood or blood products; |
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[(27) adverse reactions to anesthesia or other drugs; |
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or |
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[(28) any other adverse event as defined by the United |
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States Food and Drug Administration's criteria provided by the |
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MedWatch Reporting System]. |
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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 [or induces] at an abortion facility |
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an abortion that results in an abortion complication diagnosed or |
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treated by 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 [or induced] 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. Section 171.061, Health and Safety Code, is |
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amended by adding Subdivision (3) and amending Subdivision (8-a) to |
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read as follows: |
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(3) "Final printed label" means the informational |
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document approved by the United States Food and Drug Administration |
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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 the manner in which a drug is to be |
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used according to approval by that agency. |
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(8-a) "Provide" means, as used with regard to |
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abortion-inducing drugs, any act of giving, selling, dispensing, |
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administering, [transferring possession,] or otherwise providing |
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or prescribing an abortion-inducing drug. |
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SECTION 3. Section 171.063, Health and Safety Code, is |
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amended by amending Subsections (a), (c), and (e) and adding |
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Subsection (b) to read as follows: |
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(a) A person may not knowingly provide an abortion-inducing |
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drug to a pregnant woman for the purpose of inducing an abortion in |
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the pregnant woman or enabling another person to induce an abortion |
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in the pregnant woman unless: |
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(1) the person who provides the abortion-inducing drug |
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is a physician; and |
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(2) except as otherwise provided by Subsection (b), |
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the provision of the abortion-inducing drug satisfies the protocol |
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tested and authorized by the United States Food and Drug |
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Administration as outlined in the final printed label of the |
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abortion-inducing drug [this subchapter]. |
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(b) A person may provide the abortion-inducing drug in the |
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dosage amount prescribed by the clinical management guidelines |
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defined by the American College of Obstetricians and Gynecologists |
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Practice Bulletin as those guidelines existed on January 1, 2013. |
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(c) Before the physician provides an abortion-inducing |
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drug, the physician must: |
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(1) examine the pregnant woman [in person]; and |
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(2) [independently verify that a pregnancy exists; |
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[(3)] document, in the woman's medical record, the |
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gestational age and intrauterine location of the pregnancy [to |
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determine whether an ectopic pregnancy exists; |
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[(4) determine the pregnant woman's blood type, and |
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for a woman who is Rh negative, offer to administer Rh |
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immunoglobulin (RhoGAM) at the time the abortion-inducing drug is |
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administered or used or the abortion is performed or induced to |
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prevent Rh incompatibility, complications, or miscarriage in |
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future pregnancies; |
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[(5) document whether the pregnant woman received |
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treatment for Rh negativity, as diagnosed by the most accurate |
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standard of medical care; and |
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[(6) ensure the physician does not provide an |
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abortion-inducing drug for a pregnant woman whose pregnancy is more |
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than 49 days of gestational age]. |
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(e) A physician who provides the abortion-inducing drug, or |
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the physician's agent, must schedule a follow-up visit for the |
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woman to occur not later than the 14th day after the administration |
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[earliest date on which the abortion-inducing drug is administered] |
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or use of the abortion-inducing drug [used or the abortion is |
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performed or induced]. At the follow-up visit, the physician must: |
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(1) confirm that 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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SECTION 4. Section 171.206(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) This subchapter may not be construed to: |
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(1) authorize the initiation of a cause of action |
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against or the prosecution of a woman on whom an abortion is |
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performed or induced or attempted to be performed or induced in |
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violation of this subchapter; |
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(2) wholly or partly repeal, either expressly or by |
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implication, any other statute that regulates or prohibits |
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abortion[, including Chapter 6-1/2, Title 71, Revised Statutes]; or |
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(3) restrict a political subdivision from regulating |
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or prohibiting abortion in a manner that is at least as stringent as |
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the laws of this state. |
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SECTION 5. Section 171.207(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) may not be construed to: |
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(1) legalize the conduct prohibited by this subchapter |
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[or by Chapter 6-1/2, Title 71, Revised Statutes]; |
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(2) limit in any way or affect the availability of a |
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remedy established by Section 171.208; or |
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(3) limit the enforceability of any other laws that |
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regulate or prohibit abortion. |
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SECTION 6. The following provisions are repealed: |
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(1) Chapter 170A, Health and Safety Code; |
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(2) Section 171.061(2-a), Health and Safety Code; |
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(3) Section 171.063(b-1), Health and Safety Code; |
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(4) Section 171.0631, Health and Safety Code; |
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(5) Section 171.0632, Health and Safety Code; |
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(6) Section 171.065, Health and Safety Code; |
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(7) Section 171.066, Health and Safety Code; and |
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(8) Chapter 6-1/2, Title 71, Revised Statutes. |
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SECTION 7. This Act takes effect September 1, 2023. |