By: Patrick, Campbell  S.B. No. 97
         (In the Senate - Filed November 12, 2012; January 28, 2013,
  read first time and referred to Committee on Health and Human
  Services; March 28, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 3;
  March 28, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 97 By:  Deuell
 
 
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 C to read as follows:
  SUBCHAPTER C.  ABORTION-INDUCING DRUGS
         Sec. 171.051.  DEFINITIONS. In this subchapter:
               (1)  "Abortion" means the act of using, administering,
  prescribing, or otherwise providing an instrument, a drug, a
  medicine, 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
  a prescribed drug, medicine, or other substance is indicated.
               (2)  "Abortion-inducing drug" means a drug, a medicine,
  or any other substance, including a regimen of two or more drugs,
  medicines, or substances, prescribed, dispensed, or administered
  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, medicines, or other
  substances known to have abortion-inducing properties that are
  prescribed, dispensed, or administered with the intent of causing
  an abortion, including the Mifeprex regimen. The term does not
  include a drug, medicine, or other substance that may be known to
  cause an abortion but is prescribed, dispensed, or administered for
  other medical reasons.
               (3)  "Final printed label" or "FPL" means the
  informational document approved by the United States Food and Drug
  Administration for an abortion-inducing drug that:
                     (A)  outlines the protocol authorized by that
  agency 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 administration or use
  of an abortion-inducing drug to induce an abortion.
               (6)  "Mifeprex regimen," "RU-486 regimen," or "RU-486"
  means the abortion-inducing drug regimen approved by the United
  States Food and Drug Administration that consists of administering
  mifepristone and misoprostol.
               (7)  "Physician" means an individual who is licensed to
  practice medicine in this state, including a medical doctor and a
  doctor of osteopathic medicine.
               (8)  "Pregnant" means the female reproductive
  condition of having an unborn child in a woman's uterus.
               (9)  "Unborn child" means an offspring of human beings
  from conception until birth.
         Sec. 171.052.  ENFORCEMENT BY TEXAS MEDICAL BOARD.  
  Notwithstanding Section 171.005, the Texas Medical Board shall
  enforce this subchapter.
         Sec. 171.053.  DISTRIBUTION OF ABORTION-INDUCING DRUG.
  (a)  A person may not knowingly give, sell, dispense, administer,
  provide, or prescribe an abortion-inducing drug to a pregnant woman
  for the purpose of inducing an abortion in the pregnant woman or
  enabling another person to induce an abortion in the pregnant woman
  unless:
               (1)  the person who gives, sells, dispenses,
  administers, provides, or prescribes the abortion-inducing drug is
  a physician; and
               (2)  the provision, prescription, or administration of
  the abortion-inducing drug satisfies the protocol tested and
  authorized by the United States Food and Drug Administration as
  outlined in the final printed label of the abortion-inducing drug.
         (b)  Before the physician gives, sells, dispenses,
  administers, provides, or prescribes an abortion-inducing drug,
  the physician must examine the pregnant woman and document, in the
  woman's medical record, the gestational age and intrauterine
  location of the pregnancy.
         (c)  The physician who gives, sells, dispenses, administers,
  provides, or prescribes an abortion-inducing drug shall provide the
  pregnant woman with:
               (1)  a copy of the final printed label of that
  abortion-inducing drug; and
               (2)  a telephone number by which the pregnant woman may
  reach the physician, or other health care personnel employed by the
  physician or by the facility at which the abortion was performed
  with access to the woman's relevant medical records, 24 hours a day
  to request assistance for any complications that arise from the
  administration or use of the drug or ask health-related questions
  regarding the administration or use of the drug.
         (d)  The physician who gives, sells, dispenses, administers,
  provides, or prescribes the 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 or use of the
  drug. At the follow-up visit, the physician must:
               (1)  confirm that the pregnancy is completely
  terminated; and
               (2)  assess the degree of bleeding.
         (e)  The physician who gives, sells, dispenses, administers,
  provides, or prescribes the abortion-inducing drug, or the
  physician's agent, shall make a reasonable effort to ensure that
  the woman returns for the scheduled follow-up visit under
  Subsection (d). The physician or the physician's agent shall
  document 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.
         (f)  If a physician gives, sells, dispenses, administers,
  provides, or prescribes 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 the woman experiences a
  serious adverse event, as defined by the MedWatch Reporting System,
  during or after the administration or use of the drug, the physician
  shall report the event to the United States Food and Drug
  Administration through the MedWatch Reporting System not later than
  the third day after the date the physician learns that the event
  occurred.
         Sec. 171.054.  ADMINISTRATIVE PENALTY. (a)  The Texas
  Medical Board may take disciplinary action under Chapter 164,
  Occupations Code, or assess an administrative penalty under
  Subchapter A, Chapter 165, Occupations Code, against a person who
  violates Section 171.053.
         (b)  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, 2013.
 
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