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A BILL TO BE ENTITLED
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AN ACT
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relating to informed consent to an abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.002. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Abortion"[, "abortion"] means the use of any |
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means to terminate the pregnancy of a female known by the attending |
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physician to be pregnant with the intention that the termination of |
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the pregnancy by those means will, with reasonable likelihood, |
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cause the death of the fetus. |
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(2) "Medical emergency" means a condition exists that, |
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in a physician's good faith clinical judgment, complicates the |
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medical condition of the pregnant woman and necessitates the |
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immediate abortion of her pregnancy to avert her death or to avoid a |
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serious risk of substantial impairment of a major bodily function. |
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SECTION 2. Section 171.012, Health and Safety Code is, |
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amended by amending Subsections (a), (b), and (c) and adding |
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subsection (f) to read as follows: |
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(a) Consent [Except in the case of a medical emergency,
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consent] to an abortion is voluntary and informed only if: |
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(1) the physician who is to perform the abortion or the |
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referring physician informs the pregnant woman on whom the abortion |
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is to be performed of: |
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(A) the name of the physician who will perform |
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the abortion; |
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(B) the particular medical risks associated with |
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the particular abortion procedure to be employed, including, when |
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medically accurate: |
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(i) the risks of infection and hemorrhage; |
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(ii) the potential danger to a subsequent |
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pregnancy and of infertility; and |
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(iii) the possibility of increased risk of |
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breast cancer following an induced abortion and the natural |
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protective effect of a completed pregnancy in avoiding breast |
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cancer; |
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(C) the probable gestational age of the unborn |
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child at the time the abortion is to be performed; and |
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(D) the medical risks associated with carrying |
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the child to term; |
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(2) the physician who is to perform the abortion or the |
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physician's agent informs the pregnant woman that: |
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(A) medical assistance benefits may be available |
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for prenatal care, childbirth, and neonatal care; |
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(B) the father is liable for assistance in the |
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support of the child without regard to whether the father has |
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offered to pay for the abortion; and |
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(C) public and private agencies provide |
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pregnancy prevention counseling and medical referrals for |
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obtaining pregnancy prevention medications or devices, including |
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emergency contraception for victims of rape or incest; [and] |
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(3) the physician who is to perform the abortion or the |
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physician's agent: |
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(A) provides [(D)] the pregnant woman with [has
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the right to review] the printed materials described by Section |
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171.014; |
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(B) informs her[,] that those materials: |
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(i) have been provided by the [Texas] |
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Department of State Health Services; |
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(ii) [and] are accessible on an Internet |
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website sponsored by the department; |
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(iii) [, and that the materials] describe |
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the unborn child and list agencies that offer alternatives to |
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abortion; and |
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(iv) include a list of agencies that offer |
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obstetric ultrasound services at no cost to the pregnant woman; |
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(C) informs her that she is not required to |
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review those materials; and |
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(D) provides the pregnant woman with an election |
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form that states as follows: |
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"ULTRASOUND ELECTION |
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TEXAS LAW REQUIRES YOU BE OFFERED AN ULTRASOUND PRIOR |
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TO RECEIVING AN ABORTION. |
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I ELECT TO ___ RECEIVE ___ NOT RECEIVE AN ULTRASOUND. |
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I ELECT TO ___ SEE ___ NOT SEE THE ULTRASOUND. |
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I ELECT TO ___ HEAR ___ NOT HEAR THE ULTRASOUND. |
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I ELECT TO ___ RECEIVE ___ NOT RECEIVE A VERBAL |
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EXPLANATION OF THE ULTRASOUND RESULTS. |
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I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND |
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WITHOUT COERCION. |
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____________________ ____________________ |
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SIGNATURE DATE"; |
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(4) the pregnant woman is offered an obstetric |
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ultrasound before the abortion by the physician who is to perform |
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the abortion or the physician's agent and: |
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(A) the pregnant woman may view the ultrasound |
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unless she has elected not to under Subdivision (3)(D); |
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(B) the pregnant woman may hear the heart |
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auscultation in a quality consistent with current medical practice |
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and the physician may provide, in a manner understandable to a |
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layperson, a simultaneous verbal explanation of the heart |
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auscultation unless she has elected not to under Subdivision |
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(3)(D); |
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(C) the pregnant woman may receive in a manner |
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understandable to a layperson a simultaneous verbal explanation of |
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the results of the ultrasound images, including a medical |
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description of the dimensions of the embryo or fetus, the presence |
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of cardiac activity, and the presence of external members and |
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internal organs unless she has elected not to under Subdivision |
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(3)(D); |
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(5) [(3)] the pregnant woman certifies in a signed, |
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written statement [writing] before the abortion is performed that: |
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(A) the information and the printed materials |
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described by Subdivisions (1), [and] (2), and (3) have [has] been |
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provided and explained to her [and that she has been informed of her
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opportunity to review the information described by Section
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171.014]; and |
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(B) she has been offered and has had the |
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opportunity to review the ultrasound images, and hear the heart |
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auscultation, required by Subdivision (4); |
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(6) [(4)] before the abortion is performed, the |
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physician who is to perform the abortion receives a copy of the |
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signed, written certification required by Subdivision (5); and |
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(7) the pregnant woman is provided the name of each |
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person who provides or explains the information required under this |
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subsection [(3)]. |
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(b) The information required to be provided under |
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Subsections (a)(1) and (2) may not be provided by audio or video |
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recording and must be provided: |
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(1) orally by telephone or in person; and |
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(2) at least 24 hours before the abortion is to be |
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performed. |
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(c) When providing the information under Subsection (a)(3) |
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[(a)(2)(D)], the physician or the physician's agent must provide |
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the pregnant woman with the address of the Internet website on which |
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the printed materials described by Section 171.014 may be viewed as |
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required by Section 171.014(e). |
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(f) The physician and the pregnant woman are not subject to |
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a penalty under this chapter solely because the pregnant woman |
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chooses not to view the printed materials or the ultrasound images |
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as described by this section. |
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SECTION 3. Subchapter B, Chapter 171, Health and Safety |
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Code, is amended by adding Sections 171.0121 to read as follows: |
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Sec. 171.0121. EXCEPTION FOR MEDICAL EMERGENCY. A |
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physician may perform an abortion without obtaining informed |
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consent under this subchapter in a medical emergency. |
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SECTION 4. Subsection (a), Section 171.013, Health and |
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Safety Code, is amended to read as follows: |
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(a) The [If the woman chooses to view the materials
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described by Section 171.014, the] physician or the physician's |
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agent shall furnish copies of the materials described by Section |
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171.014 to the pregnant woman [her] at least 24 hours before the |
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abortion is to be performed and shall direct the pregnant woman to |
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the Internet website required to be published under Section |
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171.014(e). The [A] physician or the physician's agent may furnish |
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the materials to the pregnant woman by mail if the materials are |
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mailed, restricted delivery to addressee, at least 72 hours before |
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the abortion is to be performed. |
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SECTION 5. Section 171.015, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE |
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AGENCIES. The informational materials must include [either]: |
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(1) geographically indexed materials designed to |
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inform the pregnant woman of public and private agencies and |
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services that: |
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(A) are available to assist a woman through |
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pregnancy, childbirth, and the child's dependency, including: |
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(i) a comprehensive list of adoption |
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agencies; |
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(ii) a description of the services the |
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adoption agencies offer; [and] |
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(iii) a description of the manner, |
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including telephone numbers, in which an adoption agency may be |
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contacted; and |
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(iv) a comprehensive list of agencies and |
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organizations that offer obstetric ultrasound services at no cost |
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to the pregnant woman; |
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(B) do not provide abortions or abortion-related |
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services or make referrals to abortion providers; and |
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(C) are not affiliated with organizations that |
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provide abortions or abortion-related services or make referrals to |
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abortion providers; and [or] |
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(2) a toll-free, 24-hour telephone number that may be |
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called to obtain an oral list and description of agencies described |
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by Subdivision (1) that are located near the caller and of the |
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services the agencies offer. |
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SECTION 6. Subsection (a), Section 164.055, Occupations |
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Code, is amended to read as follows: |
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(a) The board may take an appropriate disciplinary action |
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against a physician who violates Section 170.002 or Chapter 171, |
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Health and Safety Code. The board may refuse to admit to |
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examination or refuse to issue a license or renewal license to a |
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person who violates that section or chapter. |
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SECTION 7. The purpose of this Act is to protect the health |
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and safety of women. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |