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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting and certification requirements by certain |
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physicians regarding certain abortions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 170.002(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A physician who performs an abortion that, according to |
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the physician's best medical judgment at the time of the abortion, |
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is to abort a viable unborn child during the third trimester of the |
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pregnancy shall certify in writing to the department, on a form |
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prescribed by the department, the medical indications supporting |
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the physician's judgment that the abortion was authorized by |
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Subsection (b)(2) or (3). If the physician certifies the abortion |
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was authorized by Subsection (b)(3), the physician shall certify in |
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writing on the form the fetal abnormality identified by the |
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physician. The certification must be made not later than the 30th |
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day after the date the abortion was performed. |
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SECTION 2. Subchapter A, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.006 to read as follows: |
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Sec. 171.006. REPORTING REQUIREMENTS FOR ABORTIONS |
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PERFORMED ON WOMEN YOUNGER THAN 18 YEARS OF AGE. For each abortion |
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performed on a woman who is younger than 18 years of age, the |
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physician who performed the abortion shall document in the woman's |
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medical record and report to the department: |
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(1) one of the following methods for obtaining |
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authorization for the abortion: |
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(A) the woman's parent, managing conservator, or |
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legal guardian provided the written consent required by Section |
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164.052(a)(19), Occupations Code; |
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(B) the woman obtained judicial authorization |
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under Section 33.003 or 33.004, Family Code; |
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(C) the woman consented to the abortion if the |
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woman has had the disabilities of minority removed and is |
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authorized under law to have the abortion without the written |
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consent required by Section 164.052(a)(19), Occupations Code, or |
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without judicial authorization under Section 33.003 or 33.004, |
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Family Code; or |
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(D) the physician concluded and documented in |
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writing in the woman's medical record that on the basis of the |
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physician's good faith clinical judgment: |
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(i) a condition existed that complicated |
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the medical condition of the woman and necessitated the immediate |
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abortion of the woman's pregnancy to avert the woman's death or to |
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avoid a serious risk of substantial impairment of a major bodily |
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function; and |
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(ii) there was insufficient time to obtain |
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the consent of the woman's parent, managing conservator, or legal |
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guardian; |
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(2) if the woman's parent, managing conservator, or |
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legal guardian provided the written consent described by |
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Subdivision (1)(A), whether the consent was given: |
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(A) in person at the location where the abortion |
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was performed; or |
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(B) at a place other than the location where the |
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abortion was performed; and |
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(3) if the woman obtained the judicial authorization |
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described by Subdivision (1)(B): |
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(A) if applicable, the process the physician or |
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physician's agent used to inform the woman of the availability of |
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petitioning for judicial authorization as an alternative to the |
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written consent required by Section 164.052(a)(19), Occupations |
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Code; |
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(B) whether the court forms were provided to the |
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woman by the physician or the physician's agent; and |
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(C) whether the physician or the physician's |
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agent made arrangements for the woman's court appearance. |
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SECTION 3. Section 170.002, Health and Safety Code, as |
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amended by this Act, and Section 171.006, Health and Safety Code, as |
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added by this Act, apply only to an abortion performed on or after |
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December 1, 2017. An abortion performed before December 1, 2017, is |
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governed by the law applicable to the abortion immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 4. 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 on the 91st day after the last day of the |
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legislative session. |