|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to information regarding perinatal palliative care and |
|
prohibiting discriminatory abortions; creating an administrative |
|
penalty, a civil remedy, and a criminal offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. This Act may be cited as the Preborn |
|
Nondiscrimination Act. |
|
SECTION 2. The legislature finds that: |
|
(1) Texas has a compelling state interest in |
|
protecting all Texans from discrimination based on sex, race, and |
|
disability; and |
|
(2) Texas enforces prohibitions against |
|
discrimination based on sex, race, and disability in various areas, |
|
including housing, employment, education, insurance, and health |
|
program and service provision. |
|
SECTION 3. Chapter 161, Health and Safety Code, is amended |
|
by adding Subchapter X to read as follows: |
|
SUBCHAPTER X. PERINATAL PALLIATIVE CARE |
|
Sec. 161.701. PURPOSE OF SUBCHAPTER. The purpose of this |
|
subchapter is to ensure that: |
|
(1) a pregnant woman who receives a diagnosis of a |
|
life-threatening disability of the woman's preborn child is |
|
informed of the availability of perinatal palliative care; and |
|
(2) a pregnant woman who chooses abortion after |
|
receiving a diagnosis of a life-threatening disability of the |
|
woman's preborn child makes a fully informed decision. |
|
Sec. 161.702. DEFINITION. In this subchapter, "perinatal |
|
palliative care" means the provision of comprehensive, supportive |
|
care to reduce the suffering of a pregnant woman, her preborn child, |
|
and her family, from diagnosis of the preborn child's |
|
life-threatening disability through the delivery and possible |
|
death of the child as a result of the life-threatening disability. |
|
The term includes medical, social, and mental health care, |
|
including counseling and health care provided by maternal-fetal |
|
medical specialists, obstetricians, neonatologists, anesthesia |
|
specialists, specialty nurses, clergy, social workers, and other |
|
individuals focused on alleviating fear and pain and ensuring the |
|
pregnant woman, her preborn child, and her family experience a |
|
supportive environment. |
|
Sec. 161.703. PERINATAL PALLIATIVE CARE INFORMATIONAL |
|
MATERIALS. (a) The commission shall develop perinatal palliative |
|
care informational materials and post the materials on the |
|
commission's Internet website. The materials must include: |
|
(1) a description of the health care and other |
|
services available through perinatal palliative care; and |
|
(2) information about medical assistance benefits |
|
that may be available for prenatal care, childbirth, and perinatal |
|
palliative care. |
|
(b) The commission shall develop, regularly update, and |
|
publish a geographically indexed list of all perinatal palliative |
|
care providers and programs in this state. The commission may |
|
include perinatal palliative care providers and programs in other |
|
states that provide care to residents of this state but may not |
|
include an abortion provider, as defined by Section 171.002. The |
|
commission shall post the list of perinatal palliative care |
|
providers and programs, including contact information, on the |
|
commission's Internet website and note the providers and programs |
|
that provide services free of charge. |
|
Sec. 161.704. PERINATAL PALLIATIVE CARE CERTIFICATION |
|
FORM. The commission shall develop a form on which a pregnant woman |
|
certifies that she has received the perinatal palliative care |
|
informational materials and list of the perinatal palliative care |
|
providers and programs described by Section 161.703. |
|
Sec. 161.705. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF |
|
PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care |
|
provider who diagnoses a pregnant woman's preborn child as having a |
|
life-threatening disability shall, at the time of the diagnosis: |
|
(1) provide the pregnant woman with a written copy of: |
|
(A) the perinatal palliative care informational |
|
materials and list of the perinatal palliative care providers and |
|
programs described by Section 161.703; and |
|
(B) the perinatal palliative care certification |
|
form described by Section 161.704; and |
|
(2) obtain from the pregnant woman the signed |
|
perinatal palliative care certification form and place the form in |
|
the pregnant woman's medical records. |
|
Sec. 161.706. EXCEPTION. (a) A health care provider is not |
|
required to provide the perinatal palliative care informational |
|
materials or perinatal palliative care certification form under |
|
this subchapter if the health care provider verifies the pregnant |
|
woman's medical record contains a signed perinatal palliative care |
|
certification form for that pregnancy as required under Section |
|
161.705(2). |
|
(b) This section does not affect a health care provider's |
|
duty to provide the perinatal palliative care informational |
|
materials or perinatal palliative care certification form |
|
described by this subchapter as required under Subchapter B, |
|
Chapter 171. |
|
SECTION 4. Chapter 170, Health and Safety Code, is amended |
|
by designating Sections 170.001 and 170.002 as Subchapter A and |
|
adding a subchapter heading to read as follows: |
|
SUBCHAPTER A. GENERAL PROVISIONS; POST-VIABILITY ABORTION |
|
PROHIBITED |
|
SECTION 5. Section 170.001(3), Health and Safety Code, is |
|
amended to read as follows: |
|
(3) "Viable" means the stage of fetal development |
|
when, in the medical judgment of the attending physician based on |
|
the particular facts of the case, a preborn [an unborn] child |
|
possesses the capacity to live outside its mother's womb after its |
|
premature birth from any cause. The term does not include a fetus |
|
whose biparietal diameter is less than 60 millimeters. |
|
SECTION 6. Section 170.002, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 170.002. PROHIBITED ACTS; EXEMPTION. (a) Except as |
|
provided by Subsection (b), a person may not intentionally or |
|
knowingly perform an abortion on a woman who is pregnant with a |
|
viable preborn [unborn] child during the third trimester of the |
|
pregnancy. |
|
(b) Subsection (a) does not prohibit a person from |
|
performing an abortion if at the time of the abortion the person is |
|
a physician and concludes in good faith according to the |
|
physician's best medical judgment that[:
|
|
[(1)
the fetus is not a viable fetus and the pregnancy
|
|
is not in the third trimester;
|
|
[(2)] the abortion is necessary due to a medical |
|
emergency, as defined by Section 171.002 [to prevent the death or a
|
|
substantial risk of serious impairment to the physical or mental
|
|
health of the woman; or
|
|
[(3)
the fetus has a severe and irreversible
|
|
abnormality, identified by reliable diagnostic procedures]. |
|
(c) A physician who performs an abortion that, according to |
|
the physician's best medical judgment at the time of the abortion, |
|
is to abort a viable preborn [unborn] child during the third |
|
trimester of the pregnancy shall certify in writing to the |
|
commission, on a form prescribed by the commission, the medical |
|
indications supporting the physician's judgment that the abortion |
|
was authorized by Subsection (b) [(b)(2) or (3). If the physician
|
|
certifies the abortion was authorized by Subsection (b)(3), the
|
|
physician shall certify in writing on the form the fetal
|
|
abnormality identified by the physician]. The certification must |
|
be made not later than the 30th day after the date the abortion was |
|
performed. |
|
SECTION 7. Chapter 170, Health and Safety Code, is amended |
|
by adding Subchapter B to read as follows: |
|
SUBCHAPTER B. DISCRIMINATORY ABORTION PROHIBITED |
|
Sec. 170.051. DEFINITION. In this subchapter, "disability" |
|
means: |
|
(1) having a physical or mental impairment that would |
|
substantially limit one or more of an individual's major life |
|
activities; |
|
(2) an assessment referencing an individual's |
|
impairment described by Subdivision (1); or |
|
(3) a physical disfigurement, scoliosis, dwarfism, |
|
Down syndrome, albinism, amelia, or any other type of physical, |
|
mental, or intellectual abnormality or disease. |
|
Sec. 170.052. DISCRIMINATORY ABORTION. A person may not: |
|
(1) knowingly perform or attempt to perform on a |
|
pregnant woman an abortion based on the race, ethnicity, sex, or |
|
probability of diagnosis of or of having a disability of the woman's |
|
preborn child; or |
|
(2) use force or the threat of force to intentionally |
|
injure or intimidate a person in order to coerce the performance or |
|
attempted performance of an abortion based on the race, ethnicity, |
|
sex, or probability of diagnosis of or of having a disability of the |
|
woman's preborn child. |
|
Sec. 170.053. CRIMINAL PENALTY. (a) A person who violates |
|
Section 170.052 commits an offense. An offense under this |
|
subsection is a Class A misdemeanor. |
|
(b) A woman on whom an abortion is performed or attempted in |
|
violation of Section 170.052 may not be prosecuted for a violation |
|
of that section or for conspiracy to commit a violation of that |
|
section. |
|
Sec. 170.054. ADMINISTRATIVE PENALTY. A physician who |
|
violates Section 170.052 engages in unprofessional conduct for |
|
which the physician's license may be suspended or revoked under |
|
Chapter 164, Occupations Code. |
|
Sec. 170.055. CIVIL REMEDIES. (a) A civil action may be |
|
brought against a person who violates Section 170.052 by: |
|
(1) the woman on whom an abortion was performed or |
|
attempted in violation of Section 170.052; |
|
(2) the father of the preborn child for an abortion |
|
performed or attempted on a pregnant woman in violation of Section |
|
170.052, unless the woman's pregnancy resulted from the father's |
|
criminal conduct; or |
|
(3) a maternal grandparent of the preborn child for an |
|
abortion performed or attempted in violation of Section 170.052 on |
|
a pregnant woman who was less than 18 years of age at the time of the |
|
violation, unless the woman's pregnancy resulted from the maternal |
|
grandparent's criminal conduct. |
|
(b) A person who brings an action under this section may |
|
obtain: |
|
(1) injunctive relief; |
|
(2) damages incurred by the person, including: |
|
(A) actual damages for all psychological, |
|
emotional, and physical injuries resulting from the violation of |
|
Section 170.052; |
|
(B) court costs; and |
|
(C) reasonable attorney's fees; or |
|
(3) both injunctive relief and damages. |
|
(c) An action for damages or injunctive relief under this |
|
section must be filed: |
|
(1) in a district court in the county in which the |
|
woman on whom an abortion was performed or attempted in violation of |
|
Section 170.052 resides; and |
|
(2) not later than the sixth anniversary of the date |
|
the abortion was performed or attempted in violation of Section |
|
170.052. |
|
(d) The damages and injunctive relief authorized by this |
|
section are in addition to any other remedy available by law. |
|
(e) A civil action under this section may not be brought |
|
against a woman on whom an abortion is performed or attempted in |
|
violation of Section 170.052. |
|
SECTION 8. Section 171.002, Health and Safety Code, is |
|
amended by adding Subdivision (3-a) to read as follows: |
|
(3-a) "Preborn child" means an unborn child as defined |
|
by Section 171.061. |
|
SECTION 9. Section 171.012, Health and Safety Code, is |
|
amended by amending Subsection (a) and adding Subsections (f) and |
|
(g) to read as follows: |
|
(a) Consent to an abortion is voluntary and informed only |
|
if: |
|
(1) the physician who is to perform the abortion |
|
informs the pregnant woman on whom the abortion is to be performed |
|
of: |
|
(A) the physician's name; |
|
(B) the particular medical risks associated with |
|
the particular abortion procedure to be employed, including, when |
|
medically accurate: |
|
(i) the risks of infection and hemorrhage; |
|
(ii) the potential danger to a subsequent |
|
pregnancy and of infertility; and |
|
(iii) the possibility of increased risk of |
|
breast cancer following an induced abortion and the natural |
|
protective effect of a completed pregnancy in avoiding breast |
|
cancer; |
|
(C) the probable gestational age of the preborn |
|
[unborn] child at the time the abortion is to be performed; [and] |
|
(D) the medical risks associated with carrying |
|
the preborn child to term; and |
|
(E) the state law prohibiting abortion of a |
|
preborn child solely on the basis of the preborn child's race, |
|
ethnicity, sex, or probability of diagnosis of or of having a |
|
disability, as defined by Section 170.051; |
|
(2) the physician who is to perform the abortion or the |
|
physician's agent informs the pregnant woman that: |
|
(A) medical assistance benefits may be available |
|
for prenatal care, childbirth, and neonatal care; |
|
(B) the father is liable for assistance in the |
|
support of the child without regard to whether the father has |
|
offered to pay for the abortion; and |
|
(C) public and private agencies provide |
|
pregnancy prevention counseling and medical referrals for |
|
obtaining pregnancy prevention medications or devices, including |
|
emergency contraception for victims of rape or incest; |
|
(3) the physician who is to perform the abortion or the |
|
physician's agent: |
|
(A) provides the pregnant woman with the printed |
|
materials described by Section 171.014; and |
|
(B) informs the pregnant woman that those |
|
materials: |
|
(i) have been provided by the Health and |
|
Human Services Commission [Department of State Health Services]; |
|
(ii) are accessible on an Internet website |
|
sponsored by the commission [department]; |
|
(iii) describe the preborn [unborn] child |
|
and list agencies that offer alternatives to abortion; and |
|
(iv) include a list of agencies that offer |
|
sonogram services at no cost to the pregnant woman; |
|
(4) before any sedative or anesthesia is administered |
|
to the pregnant woman and at least 24 hours before the abortion or |
|
at least two hours before the abortion if the pregnant woman waives |
|
this requirement by certifying that she currently lives 100 miles |
|
or more from the nearest abortion provider that is a facility |
|
licensed under Chapter 245 or a facility that performs more than 50 |
|
abortions in any 12-month period: |
|
(A) the physician who is to perform the abortion |
|
or an agent of the physician who is also a sonographer certified by |
|
a national registry of medical sonographers performs a sonogram on |
|
the pregnant woman on whom the abortion is to be performed; |
|
(B) the physician who is to perform the abortion |
|
displays the sonogram images in a quality consistent with current |
|
medical practice in a manner that the pregnant woman may view them; |
|
(C) the physician who is to perform the abortion |
|
provides, in a manner understandable to a layperson, a verbal |
|
explanation of the results of the sonogram images, including a |
|
medical description of the dimensions of the embryo or fetus, the |
|
presence of cardiac activity, and the presence of external members |
|
and internal organs; and |
|
(D) the physician who is to perform the abortion |
|
or an agent of the physician who is also a sonographer certified by |
|
a national registry of medical sonographers makes audible the heart |
|
auscultation for the pregnant woman to hear, if present, in a |
|
quality consistent with current medical practice and provides, in a |
|
manner understandable to a layperson, a simultaneous verbal |
|
explanation of the heart auscultation; |
|
(5) before receiving a sonogram under Subdivision |
|
(4)(A) and before the abortion is performed and before any sedative |
|
or anesthesia is administered, the pregnant woman completes and |
|
certifies with her signature an election form that states as |
|
follows: |
|
"ABORTION AND SONOGRAM ELECTION |
|
(1) THE INFORMATION AND PRINTED MATERIALS |
|
DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH |
|
AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO |
|
ME. |
|
(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF |
|
AN ABORTION. |
|
(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM |
|
PRIOR TO RECEIVING AN ABORTION. |
|
(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW |
|
THE SONOGRAM IMAGES. |
|
(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR |
|
THE HEARTBEAT. |
|
(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO |
|
HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I |
|
CERTIFY IN WRITING TO ONE OF THE FOLLOWING: |
|
___ I AM PREGNANT AS A RESULT OF A SEXUAL |
|
ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL |
|
CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT |
|
AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I |
|
REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK |
|
OF RETALIATION RESULTING IN SERIOUS BODILY INJURY. |
|
___ I AM A MINOR AND OBTAINING AN ABORTION IN |
|
ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER |
|
CHAPTER 33, TEXAS FAMILY CODE. |
|
[___
MY FETUS HAS AN IRREVERSIBLE MEDICAL
|
|
CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
|
|
DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
|
|
FILE.] |
|
(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL |
|
AND WITHOUT COERCION. |
|
(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM |
|
THE NEAREST ABORTION PROVIDER THAT IS A FACILITY |
|
LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY |
|
CODE, OR A FACILITY THAT PERFORMS MORE THAN 50 |
|
ABORTIONS IN ANY 12-MONTH PERIOD ONLY: |
|
I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 |
|
MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT |
|
IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH |
|
AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE THAN |
|
50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE THE |
|
REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS |
|
PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY |
|
PLACE OF RESIDENCE IS:__________. |
|
________________________________________ |
|
SIGNATURE DATE"; |
|
(6) before the abortion is performed, the physician |
|
who is to perform the abortion receives a copy of the signed, |
|
written certification required by Subdivision (5); and |
|
(7) the pregnant woman is provided the name of each |
|
person who provides or explains the information required under this |
|
subsection. |
|
(f) If the pregnant woman's preborn child has been diagnosed |
|
with a life-threatening disability, the physician who is to perform |
|
the abortion shall, at least 24 hours before the abortion or at |
|
least two hours before the abortion if the pregnant woman waives |
|
this requirement by certifying that she currently lives 100 miles |
|
or more from the nearest abortion provider that is a facility |
|
licensed under Chapter 245 or a facility that performs more than 50 |
|
abortions in any 12-month period: |
|
(1) orally and in person, inform the pregnant woman of |
|
the availability of perinatal palliative care, as that term is |
|
defined by Section 161.702; and |
|
(2) provide the pregnant woman with a written copy of: |
|
(A) the perinatal palliative care informational |
|
materials and list of the perinatal palliative care providers and |
|
programs described by Section 161.703; and |
|
(B) the perinatal palliative care certification |
|
form described by Section 161.704. |
|
(g) If a pregnant woman described by Subsection (f), after |
|
receiving from the physician who is to perform the abortion the |
|
perinatal palliative care informational materials and |
|
certification form described by that subsection in the manner |
|
required by that subsection, chooses to have an abortion instead of |
|
continuing the pregnancy in perinatal palliative care, the |
|
physician may perform the abortion only after: |
|
(1) the pregnant woman signs the certification form; |
|
and |
|
(2) the physician places the signed certification form |
|
in the pregnant woman's medical records. |
|
SECTION 10. Section 171.0121, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion |
|
begins, a copy of the signed, written certification received by the |
|
physician under Section 171.012(a)(6) and, if applicable, under |
|
Section 161.704 must be placed in the pregnant woman's medical |
|
records. |
|
(b) A copy of the signed, written certification required |
|
under Sections 171.012(a)(5) and (6) and of any signed, written |
|
certification required under Section 161.704 shall be retained by |
|
the facility where the abortion is performed until: |
|
(1) the seventh anniversary of the date the |
|
certification [it] is signed; or |
|
(2) if the pregnant woman is a minor, the later of: |
|
(A) the seventh anniversary of the date the |
|
certification [it] is signed; or |
|
(B) the woman's 21st birthday. |
|
SECTION 11. Section 171.0122(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) A pregnant woman may choose not to receive the verbal |
|
explanation of the results of the sonogram images under Section |
|
171.012(a)(4)(C) if: |
|
(1) the woman's pregnancy is a result of a sexual |
|
assault, incest, or other violation of the Penal Code that has been |
|
reported to law enforcement authorities or that has not been |
|
reported because she has a reason that she declines to reveal |
|
because she reasonably believes that to do so would put her at risk |
|
of retaliation resulting in serious bodily injury; or |
|
(2) the woman is a minor and obtaining an abortion in |
|
accordance with judicial bypass procedures under Chapter 33, Family |
|
Code[; or
|
|
[(3)
the fetus has an irreversible medical condition
|
|
or abnormality, as previously identified by reliable diagnostic
|
|
procedures and documented in the woman's medical file]. |
|
SECTION 12. Section 171.014(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) The department shall publish informational materials |
|
that include: |
|
(1) the information required to be provided under |
|
Sections 171.012(a)(1)(B), [and] (D), and (E) and (a)(2)(A), (B), |
|
and (C); and |
|
(2) the materials required by Sections 161.703, |
|
171.015, and 171.016. |
|
SECTION 13. Section 171.042, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 171.042. DEFINITION [DEFINITIONS]. In this |
|
subchapter, [:
|
|
[(1)] "post-fertilization [Post-fertilization] age" |
|
means the age of the preborn [unborn] child as calculated from the |
|
fusion of a human spermatozoon with a human ovum. |
|
[(2)
"Severe fetal abnormality" has the meaning
|
|
assigned by Section 285.202.] |
|
SECTION 14. Section 285.202(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) In this section, "medical emergency" means[:
|
|
[(1)] a condition exists that, in a physician's good |
|
faith clinical judgment, complicates the medical condition of the |
|
pregnant woman and necessitates the immediate abortion of her |
|
pregnancy to avert her death or to avoid a serious risk of |
|
substantial impairment of a major bodily function[; or
|
|
[(2) the fetus has a severe fetal abnormality]. |
|
SECTION 15. Section 164.052(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A physician or an applicant for a license to practice |
|
medicine commits a prohibited practice if that person: |
|
(1) submits to the board a false or misleading |
|
statement, document, or certificate in an application for a |
|
license; |
|
(2) presents to the board a license, certificate, or |
|
diploma that was illegally or fraudulently obtained; |
|
(3) commits fraud or deception in taking or passing an |
|
examination; |
|
(4) uses alcohol or drugs in an intemperate manner |
|
that, in the board's opinion, could endanger a patient's life; |
|
(5) commits unprofessional or dishonorable conduct |
|
that is likely to deceive or defraud the public, as provided by |
|
Section 164.053, or injure the public; |
|
(6) uses an advertising statement that is false, |
|
misleading, or deceptive; |
|
(7) advertises professional superiority or the |
|
performance of professional service in a superior manner if that |
|
advertising is not readily subject to verification; |
|
(8) purchases, sells, barters, or uses, or offers to |
|
purchase, sell, barter, or use, a medical degree, license, |
|
certificate, or diploma, or a transcript of a license, certificate, |
|
or diploma in or incident to an application to the board for a |
|
license to practice medicine; |
|
(9) alters, with fraudulent intent, a medical license, |
|
certificate, or diploma, or a transcript of a medical license, |
|
certificate, or diploma; |
|
(10) uses a medical license, certificate, or diploma, |
|
or a transcript of a medical license, certificate, or diploma that |
|
has been: |
|
(A) fraudulently purchased or issued; |
|
(B) counterfeited; or |
|
(C) materially altered; |
|
(11) impersonates or acts as proxy for another person |
|
in an examination required by this subtitle for a medical license; |
|
(12) engages in conduct that subverts or attempts to |
|
subvert an examination process required by this subtitle for a |
|
medical license; |
|
(13) impersonates a physician or permits another to |
|
use the person's license or certificate to practice medicine in |
|
this state; |
|
(14) directly or indirectly employs a person whose |
|
license to practice medicine has been suspended, canceled, or |
|
revoked; |
|
(15) associates in the practice of medicine with a |
|
person: |
|
(A) whose license to practice medicine has been |
|
suspended, canceled, or revoked; or |
|
(B) who has been convicted of the unlawful |
|
practice of medicine in this state or elsewhere; |
|
(16) performs or procures a criminal abortion, aids or |
|
abets in the procuring of a criminal abortion, attempts to perform |
|
or procure a criminal abortion, or attempts to aid or abet the |
|
performance or procurement of a criminal abortion; |
|
(17) directly or indirectly aids or abets the practice |
|
of medicine by a person, partnership, association, or corporation |
|
that is not licensed to practice medicine by the board; |
|
(18) performs an abortion on a woman who is pregnant |
|
with a viable preborn [unborn] child during the third trimester of |
|
the pregnancy unless[:
|
|
[(A)] the abortion is necessary due to a medical |
|
emergency, as defined by Section 171.002, Health and Safety Code |
|
[to prevent the death of the woman;
|
|
[(B)
the viable unborn child has a severe,
|
|
irreversible brain impairment; or
|
|
[(C)
the woman is diagnosed with a significant
|
|
likelihood of suffering imminent severe, irreversible brain damage
|
|
or imminent severe, irreversible paralysis]; |
|
(19) performs an abortion on an unemancipated minor |
|
without the written consent of the child's parent, managing |
|
conservator, or legal guardian or without a court order, as |
|
provided by Section 33.003 or 33.004, Family Code, unless the |
|
abortion is necessary due to a medical emergency, as defined by |
|
Section 171.002, Health and Safety Code; |
|
(20) otherwise performs an abortion on an |
|
unemancipated minor in violation of Chapter 33, Family Code; [or] |
|
(21) performs or induces or attempts to perform or |
|
induce an abortion in violation of Subchapter C, F, or G, Chapter |
|
171, Health and Safety Code; or |
|
(22) performs or attempts to perform an abortion or |
|
engages in other conduct in violation of Section 170.052, Health |
|
and Safety Code. |
|
SECTION 16. Section 164.055(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) The sanctions provided by Subsection (a) are in addition |
|
to any other grounds for refusal to admit persons to examination |
|
under this subtitle or to issue a license or renew a license to |
|
practice medicine under this subtitle. The criminal penalties |
|
provided by Section 165.152 do not apply to a violation of Section |
|
170.002 or 170.052, Health and Safety Code, or Subchapter C, F, or |
|
G, Chapter 171, Health and Safety Code. |
|
SECTION 17. The following provisions of the Health and |
|
Safety Code are repealed: |
|
(1) Section 171.046(c); and |
|
(2) Sections 285.202(a-1) and (a-2). |
|
SECTION 18. Not later than December 1, 2019: |
|
(1) the Health and Human Services Commission shall: |
|
(A) develop the perinatal palliative care |
|
informational materials, list of perinatal palliative care |
|
providers and programs, and perinatal palliative care |
|
certification form required by Subchapter X, Chapter 161, Health |
|
and Safety Code, as added by this Act; and |
|
(B) update any forms and informational materials |
|
under Subchapter B, Chapter 171, Health and Safety Code, as amended |
|
by this Act; and |
|
(2) the executive commissioner of the Health and Human |
|
Services Commission shall adopt any rules necessary to implement |
|
Subchapter X, Chapter 161, Health and Safety Code, as added by this |
|
Act and Subchapter B, Chapter 171, Health and Safety Code, as |
|
amended by this Act. |
|
SECTION 19. (a) Subchapter X, Chapter 161, Health and |
|
Safety Code, as added by this Act, applies only to a diagnosis of a |
|
life-threatening disability of a pregnant woman's preborn child |
|
made on or after January 1, 2020. |
|
(b) The changes in law made by this Act to Chapters 170 and |
|
171, Health and Safety Code, and Chapter 164, Occupations Code, |
|
apply only to an abortion performed or other conduct that occurred |
|
on or after January 1, 2020. An abortion performed or other conduct |
|
that occurred before that date is governed by the law in effect |
|
immediately before the effective date of this Act, and that law is |
|
continued in effect for that purpose. |
|
SECTION 20. It is the intent of the legislature that every |
|
provision, section, subsection, sentence, clause, phrase, or word |
|
in this Act, and every application of the provisions in this Act to |
|
each person or entity, are severable from each other. If any |
|
application of any provision in this Act to any person, group of |
|
persons, or circumstances is found by a court to be invalid for any |
|
reason, the remaining applications of that provision to all other |
|
persons and circumstances shall be severed and may not be affected. |
|
SECTION 21. This Act takes effect September 1, 2019. |