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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of delivery of a drug or |
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device for an unlawful abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 170, Health and Safety Code, is amended |
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by adding Section 170.003 to read as follows: |
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Sec. 170.003. DELIVERY OF DRUG OR DEVICE FOR UNLAWFUL |
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ABORTION. (a) In this section, "deliver" means to transfer or |
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cause to transfer, actually or constructively, property to another |
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person. |
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(b) A person commits an offense if the person knowingly |
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delivers or attempts to deliver a drug or device intended to be used |
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to induce an unlawful abortion. |
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(c) An offense under this section is a state jail felony. |
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(d) It is an exception to the application of this section |
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that the actor is a pregnant woman on whom the drug or device was |
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intended to be used. |
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(e) A person who is subject to prosecution under this |
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section and any other law may be prosecuted under either or both |
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laws. |
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SECTION 2. Section 164.052(a), Occupations Code, is amended |
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to read as follows: |
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(a) A physician or an applicant for a license to practice |
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medicine commits a prohibited practice if that person: |
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(1) submits to the board a false or misleading |
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statement, document, or certificate in an application for a |
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license; |
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(2) presents to the board a license, certificate, or |
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diploma that was illegally or fraudulently obtained; |
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(3) commits fraud or deception in taking or passing an |
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examination; |
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(4) uses alcohol or drugs in an intemperate manner |
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that, in the board's opinion, could endanger a patient's life; |
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(5) commits unprofessional or dishonorable conduct |
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that is likely to deceive or defraud the public, as provided by |
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Section 164.053, or injure the public; |
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(6) uses an advertising statement that is false, |
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misleading, or deceptive; |
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(7) advertises professional superiority or the |
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performance of professional service in a superior manner if that |
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advertising is not readily subject to verification; |
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(8) purchases, sells, barters, or uses, or offers to |
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purchase, sell, barter, or use, a medical degree, license, |
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certificate, or diploma, or a transcript of a license, certificate, |
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or diploma in or incident to an application to the board for a |
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license to practice medicine; |
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(9) alters, with fraudulent intent, a medical license, |
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certificate, or diploma, or a transcript of a medical license, |
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certificate, or diploma; |
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(10) uses a medical license, certificate, or diploma, |
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or a transcript of a medical license, certificate, or diploma that |
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has been: |
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(A) fraudulently purchased or issued; |
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(B) counterfeited; or |
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(C) materially altered; |
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(11) impersonates or acts as proxy for another person |
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in an examination required by this subtitle for a medical license; |
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(12) engages in conduct that subverts or attempts to |
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subvert an examination process required by this subtitle for a |
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medical license; |
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(13) impersonates a physician or permits another to |
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use the person's license or certificate to practice medicine in |
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this state; |
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(14) directly or indirectly employs a person whose |
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license to practice medicine has been suspended, canceled, or |
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revoked; |
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(15) associates in the practice of medicine with a |
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person: |
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(A) whose license to practice medicine has been |
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suspended, canceled, or revoked; or |
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(B) who has been convicted of the unlawful |
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practice of medicine in this state or elsewhere; |
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(16) performs or procures a criminal abortion, aids or |
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abets in the procuring of a criminal abortion, attempts to perform |
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or procure a criminal abortion, or attempts to aid or abet the |
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performance or procurement of a criminal abortion; |
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(17) directly or indirectly aids or abets the practice |
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of medicine by a person, partnership, association, or corporation |
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that is not licensed to practice medicine by the board; |
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(18) performs an abortion on a woman who is pregnant |
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with a viable unborn child during the third trimester of the |
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pregnancy unless: |
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(A) the abortion is necessary to prevent the |
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death of the woman; |
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(B) the viable unborn child has a severe, |
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irreversible brain impairment; or |
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(C) the woman is diagnosed with a significant |
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likelihood of suffering imminent severe, irreversible brain damage |
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or imminent severe, irreversible paralysis; |
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(19) performs an abortion on an unemancipated minor |
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without the written consent of the child's parent, managing |
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conservator, or legal guardian or without a court order, as |
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provided by Section 33.003 or 33.004, Family Code, unless the |
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abortion is necessary due to a medical emergency, as defined by |
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Section 171.002, Health and Safety Code; |
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(20) otherwise performs an abortion on an |
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unemancipated minor in violation of Chapter 33, Family Code; [or] |
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(21) performs or induces or attempts to perform or |
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induce an abortion in violation of Subchapter C, F, or G, Chapter |
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171, Health and Safety Code; or |
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(22) delivers or attempts to deliver a drug or device |
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for an unlawful abortion in violation of Section 170.003, Health |
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and Safety Code. |
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SECTION 3. Section 164.055, Occupations Code, is amended to |
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read as follows: |
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Sec. 164.055. PROHIBITED ACTS REGARDING ABORTION. (a) The |
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board shall take an appropriate disciplinary action against a |
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physician who violates [Section 170.002 or] Chapter 170 or 171, |
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Health and Safety Code. The board shall refuse to admit to |
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examination or refuse to issue a license or renewal license to a |
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person who violates either of those chapters [that section or
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chapter]. |
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(b) The sanctions provided by Subsection (a) are in addition |
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to any other grounds for refusal to admit persons to examination |
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under this subtitle or to issue a license or renew a license to |
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practice medicine under this subtitle. The criminal penalties |
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provided by Section 165.152 do not apply to a violation of Chapter |
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170 [Section 170.002], Health and Safety Code, or Subchapter C, F, |
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or G, Chapter 171, Health and Safety Code. |
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SECTION 4. This Act takes effect September 1, 2019. |