By: Taylor S.B. No. 1198

(In the Senate - Filed March 6, 2013; March 12, 2013, read first time and referred to Committee on Health and Human Services; April 22, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 1; April 22, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1198 By: Huffman

A BILL TO BE ENTITLED

AN ACT

relating to requirements for physicians who perform abortions; creating an offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 171, Health and Safety Code, is amended by adding Section 171.0031 to read as follows:

Sec. 171.0031. REQUIREMENTS OF PHYSICIAN; OFFENSE. (a) A physician performing or inducing an abortion:

(1) must, on the date the abortion is performed, have active admitting privileges at a hospital that:

(A) is located not further than 30 miles from the location at which the abortion is performed or induced; and

(B) provides obstetrical or gynecological health care services; and

(2) shall provide the pregnant woman with:

(A) 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 performance of the abortion or ask health-related questions regarding the abortion; and

(B) the name and telephone number of the nearest hospital to the home of the pregnant woman at which an emergency arising from the abortion would be treated.

(b) A physician who violates Subsection (a) commits an offense. An offense under this section is a Class A misdemeanor punishable by a fine only, not to exceed $4,000.

SECTION 2. This Act takes effect September 1, 2013.

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