| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to distributing or prescribing abortion-inducing drugs; |
|
|
providing penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 171, Health and Safety Code, is amended |
|
|
by adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. ABORTION-INDUCING DRUGS |
|
|
Sec. 171.081. DEFINITIONS. In this subchapter: |
|
|
(1) "Abortion" means the act of using or prescribing |
|
|
an instrument, a medicine, a drug, or any other substance, device, |
|
|
or means with the intent to terminate a clinically diagnosable |
|
|
pregnancy of a woman and with knowledge that the termination by |
|
|
those means will, with reasonable likelihood, cause the death of |
|
|
the woman's unborn child. An act is not an abortion if the act is |
|
|
done with the intent to: |
|
|
(A) save the life or preserve the health of an |
|
|
unborn child; |
|
|
(B) remove a dead, unborn child whose death was |
|
|
caused by spontaneous abortion; |
|
|
(C) remove an ectopic pregnancy; or |
|
|
(D) treat a maternal disease or illness for which |
|
|
the prescribed drug is indicated. |
|
|
(2) "Abortion-inducing drug" means a medicine, a drug, |
|
|
or any other substance prescribed or dispensed with the intent of |
|
|
terminating a clinically diagnosable pregnancy of a woman and with |
|
|
knowledge that the termination will, with reasonable likelihood, |
|
|
cause the death of the woman's unborn child. The term includes |
|
|
off-label use of drugs known to have abortion-inducing properties |
|
|
that are prescribed with the intent of causing an abortion, |
|
|
including misoprostol and methotrexate. The term does not include |
|
|
a drug that may be known to cause an abortion but is prescribed for |
|
|
other medical reasons. |
|
|
(3) "Drug label" means a pamphlet accompanying an |
|
|
abortion-inducing drug that: |
|
|
(A) outlines the protocol tested and authorized |
|
|
by the United States Food and Drug Administration and agreed to by |
|
|
the drug company applying for authorization of the drug by that |
|
|
agency; and |
|
|
(B) delineates how a drug is to be used according |
|
|
to approval by that agency. |
|
|
(4) "Gestational age" means the amount of time that |
|
|
has elapsed since the first day of a woman's last menstrual period. |
|
|
(5) "Medical abortion" means the use of |
|
|
abortion-inducing drugs to induce an abortion. |
|
|
(6) "Physician" means an individual who is licensed to |
|
|
practice medicine in this state, including a medical doctor and a |
|
|
doctor of osteopathic medicine. |
|
|
(7) "Pregnant" means the female reproductive |
|
|
condition of having an unborn child in a woman's uterus. |
|
|
(8) "Unborn child" means an offspring of human beings |
|
|
from conception until birth. |
|
|
Sec. 171.082. DISTRIBUTION OF ABORTION-INDUCING DRUG. (a) |
|
|
Unless the person is a physician and the provision or prescription |
|
|
of the abortion-inducing drug satisfies the protocol tested and |
|
|
authorized by the United States Food and Drug Administration as |
|
|
outlined in the drug's drug label, a person may not knowingly give, |
|
|
sell, dispense, administer, provide, or prescribe an |
|
|
abortion-inducing drug to a pregnant woman for the purpose of: |
|
|
(1) inducing an abortion in the pregnant woman; or |
|
|
(2) enabling another person to induce an abortion in a |
|
|
pregnant woman. |
|
|
(b) The physician must examine the pregnant woman and |
|
|
document, in the woman's medical record, the gestational age and |
|
|
intrauterine location of the pregnancy before giving, selling, |
|
|
dispensing, administering, providing, or prescribing the |
|
|
abortion-inducing drug. |
|
|
(c) The physician shall provide a copy of the |
|
|
abortion-inducing drug's drug label to the pregnant woman. |
|
|
(d) The physician must: |
|
|
(1) have a signed contract with another physician who |
|
|
agrees to treat emergencies arising from the drug; and |
|
|
(2) produce the signed contract on demand by the |
|
|
pregnant woman or the department. |
|
|
(e) The physician shall provide the pregnant woman with the |
|
|
name and phone number of: |
|
|
(1) the physician who would treat an emergency arising |
|
|
from the drug; and |
|
|
(2) the hospital at which an emergency arising from |
|
|
the drug would be treated. |
|
|
(f) A physician who contracts to treat an emergency arising |
|
|
from an abortion-inducing drug must have active admitting, |
|
|
gynecological, and surgical privileges at the hospital designated |
|
|
to treat the emergency. |
|
|
(g) The physician who gives, sells, dispenses, administers, |
|
|
provides, or prescribes an abortion-inducing drug or the |
|
|
physician's agent must schedule a follow-up visit for the woman to |
|
|
occur not more than 14 days after the administration of the |
|
|
abortion-inducing drug. At the follow-up visit, the physician |
|
|
must: |
|
|
(1) confirm that the pregnancy is completely |
|
|
terminated; and |
|
|
(2) assess the degree of bleeding. |
|
|
(h) The physician or the physician's agent shall make a |
|
|
reasonable effort to ensure that the woman returns for the |
|
|
scheduled appointment. The physician or the physician's agent |
|
|
shall include a brief description of any effort made to comply with |
|
|
this subsection, including the date, time, and name of the person |
|
|
making the effort, in the woman's medical record. |
|
|
(i) If a physician provides an abortion-inducing drug to a |
|
|
pregnant woman for the purpose of inducing an abortion as |
|
|
authorized by this section and the physician knows that a person who |
|
|
uses the drug experiences a serious adverse event, as defined by the |
|
|
MedWatch Reporting System, during or after using the drug, the |
|
|
physician shall report the event to the United States Food and Drug |
|
|
Administration through the MedWatch Reporting System within three |
|
|
days of the event. |
|
|
Sec. 171.083. CRIMINAL PENALTY. (a) A person commits an |
|
|
offense if the person violates Section 171.082. |
|
|
(b) An offense under this section is a Class A misdemeanor. |
|
|
(c) Each violation constitutes a separate offense. |
|
|
(d) A penalty may not be assessed under this section against |
|
|
a pregnant woman who receives a medical abortion. |
|
|
Sec. 171.084. CIVIL PENALTY. (a) A person who knowingly |
|
|
violates Section 171.082 is liable for a civil penalty of not less |
|
|
than $100 or more than $500 for each violation if the department |
|
|
determines that the violation threatens the health and safety of a |
|
|
woman. |
|
|
(b) Each violation constitutes a separate ground for |
|
|
recovery. |
|
|
(c) A penalty may not be assessed under this section against |
|
|
a pregnant woman who receives a medical abortion. |
|
|
Sec. 171.085. ADMINISTRATIVE PENALTY. (a) The department |
|
|
may assess an administrative penalty against a person who violates |
|
|
Section 171.082. |
|
|
(b) The penalty may not exceed $1,000 for each violation. |
|
|
(c) Each violation constitutes a separate violation. |
|
|
(d) In determining the amount of an administrative penalty |
|
|
assessed under this section, the department shall consider: |
|
|
(1) the seriousness of the violation; |
|
|
(2) the history of previous violations; |
|
|
(3) the amount necessary to deter future violations; |
|
|
(4) efforts made to correct the violation; and |
|
|
(5) any other matters that justice may require. |
|
|
(e) All proceedings for the assessment of an administrative |
|
|
penalty under this section are subject to Chapter 2001, Government |
|
|
Code. |
|
|
(f) A penalty may not be assessed under this section against |
|
|
a pregnant woman who receives a medical abortion. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |