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A BILL TO BE ENTITLED
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AN ACT
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relating to distributing or prescribing abortion-inducing drugs; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 171, Health and Safety Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. ABORTION-INDUCING DRUGS |
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Sec. 171.051. DEFINITIONS. In this subchapter: |
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(1) "Abortion" means the act of using, administering, |
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prescribing, or otherwise providing an instrument, a drug, a |
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medicine, or any other substance, device, or means with the intent |
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to terminate a clinically diagnosable pregnancy of a woman and with |
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knowledge that the termination by those means will, with reasonable |
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likelihood, cause the death of the woman's unborn child. An act is |
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not an abortion if the act is done with the intent to: |
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(A) save the life or preserve the health of an |
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unborn child; |
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(B) remove a dead, unborn child whose death was |
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caused by spontaneous abortion; |
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(C) remove an ectopic pregnancy; or |
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(D) treat a maternal disease or illness for which |
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a prescribed drug, medicine, or other substance is indicated. |
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(2) "Abortion-inducing drug" means a drug, a medicine, |
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or any other substance prescribed, dispensed, or administered with |
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the intent of terminating a clinically diagnosable pregnancy of a |
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woman and with knowledge that the termination will, with reasonable |
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likelihood, cause the death of the woman's unborn child. The term |
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includes off-label use of drugs, medicines, or other substances |
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known to have abortion-inducing properties that are prescribed, |
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dispensed, or administered with the intent of causing an abortion, |
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including misoprostol and methotrexate. The term does not include |
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a drug, medicine, or other substance that may be known to cause an |
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abortion but is prescribed, dispensed, or administered for other |
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medical reasons. |
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(3) "Drug label" means a pamphlet accompanying an |
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abortion-inducing drug that: |
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(A) outlines the protocol tested and authorized |
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by the United States Food and Drug Administration and agreed to by |
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the drug company applying for authorization of the drug by that |
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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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(4) "Gestational age" means the amount of time that |
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has elapsed since the first day of a woman's last menstrual period. |
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(5) "Medical abortion" means the administration or use |
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of an abortion-inducing drug to induce an abortion. |
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(6) "Physician" means an individual who is licensed to |
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practice medicine in this state, including a medical doctor and a |
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doctor of osteopathic medicine. |
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(7) "Pregnant" means the female reproductive |
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condition of having an unborn child in a woman's uterus. |
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(8) "Unborn child" means an offspring of human beings |
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from conception until birth. |
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Sec. 171.052. ENFORCEMENT BY TEXAS MEDICAL BOARD. |
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Notwithstanding Section 171.005, the Texas Medical Board shall |
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enforce this subchapter. |
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Sec. 171.053. DISTRIBUTION OF ABORTION-INDUCING DRUG. (a) |
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A person may not knowingly give, sell, dispense, administer, |
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provide, or prescribe an abortion-inducing drug to a pregnant woman |
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for the purpose of inducing an abortion in the pregnant woman or |
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enabling another person to induce an abortion in the pregnant woman |
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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) the provision, prescription, or administration of |
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the 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 drug label of the abortion-inducing drug. |
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(b) Before the physician gives, sells, dispenses, |
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administers, provides, or prescribes an abortion-inducing drug, |
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the physician must examine the pregnant woman and document, in the |
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woman's medical record, the gestational age and intrauterine |
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location of the pregnancy. |
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(c) 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 a copy of the drug label of that |
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abortion-inducing drug. |
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(d) The physician who gives, sells, dispenses, administers, |
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provides, or prescribes an abortion-inducing drug must: |
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(1) execute a contract signed by the physician and by |
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another physician who, by the terms of the contract, agrees to treat |
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emergencies arising from the administration or use of the drug; and |
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(2) produce the signed contract described by |
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Subdivision (1) on demand by the pregnant woman or the Texas Medical |
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Board. |
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(e) The physician who gives, sells, dispenses, administers, |
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provides, or prescribes the abortion-inducing drug shall provide |
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the pregnant woman with the name and phone number of: |
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(1) the physician who has signed a contract under |
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Subsection (d)(1) to treat an emergency arising from the |
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administration or use of the drug; and |
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(2) the hospital at which an emergency arising from |
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the administration or use of the drug would be treated. |
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(f) A physician who contracts to treat an emergency arising |
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from the administration or use of an abortion-inducing drug under |
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Subsection (d)(1) must have active admitting, gynecological, and |
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surgical privileges at the hospital designated to treat the |
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emergency. |
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(g) 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, must schedule a follow-up visit for the woman to |
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occur not more than 14 days after the administration or use of the |
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drug. At the follow-up visit, the physician must: |
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(1) confirm that the pregnancy is completely |
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terminated; and |
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(2) assess the degree of bleeding. |
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(h) 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 visit under |
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Subsection (g). The physician or the physician's agent shall |
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document a brief description of any effort made to comply with this |
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subsection, including the date, time, and name of the person making |
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the effort, in the woman's medical record. |
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(i) If a physician gives, sells, dispenses, administers, |
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provides, or prescribes an abortion-inducing drug to a pregnant |
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woman for the purpose of inducing an abortion as authorized by this |
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section and the physician knows that the woman experiences a |
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serious adverse event, as defined by the MedWatch Reporting System, |
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during or after the administration or use of the drug, the physician |
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shall report the event to the United States Food and Drug |
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Administration through the MedWatch Reporting System not later than |
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the third day after the date the physician learns that the event |
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occurred. |
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Sec. 171.054. ADMINISTRATIVE PENALTY. (a) The Texas |
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Medical Board may take disciplinary action under Chapter 164, |
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Occupations Code, or assess an administrative penalty under |
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Subchapter A, Chapter 165, Occupations Code, against a person who |
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violates Section 171.053. |
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(b) A penalty may not be assessed under this section against |
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a pregnant woman who receives a medical abortion. |
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SECTION 2. 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, 2013. |