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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting abortions after detection of an unborn |
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child's heartbeat; authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 171, Health and Safety Code, is amended |
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by adding Subchapter H to read as follows: |
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SUBCHAPTER H. DETECTION OF FETAL HEARTBEAT |
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Sec. 171.201. DEFINITIONS. In this subchapter: |
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(1) "Fetal heartbeat" means cardiac activity or the |
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steady and repetitive rhythmic contraction of the fetal heart |
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within the gestational sac. |
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(2) "Gestational age" means the time elapsed from the |
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first day of a woman's last menstrual period. |
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(3) "Gestational sac" means the structure comprising |
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the extraembryonic membranes enveloping the unborn child that is |
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typically visible by ultrasound after the fourth week of pregnancy. |
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(4) "Physician" means an individual licensed to |
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practice medicine in this state, including a medical doctor and a |
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doctor of osteopathic medicine. |
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(5) "Pregnancy" means the human female reproductive |
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condition that: |
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(A) begins with fertilization; |
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(B) occurs when the woman is carrying the |
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developing human offspring; and |
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(C) is calculated from the first day of the |
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woman's last menstrual period. |
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(6) "Standard medical practice" means the degree of |
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skill, care, and diligence that a physician of the same medical |
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specialty would employ in similar circumstances. |
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(7) "Unborn child" means an offspring of human beings |
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from fertilization until birth. |
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Sec. 171.202. DETERMINATION OF PRESENCE OF FETAL HEARTBEAT |
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REQUIRED; RECORD. (a) Except as provided by Section 171.204, a |
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physician may not intentionally perform or induce an abortion on a |
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pregnant woman unless the physician first determines, in accordance |
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with this section, whether the woman's unborn child has a |
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detectable fetal heartbeat. |
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(b) In making a determination under Subsection (a), the |
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physician must use a test that is: |
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(1) consistent with the physician's good faith |
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understanding of standard medical practice; |
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(2) consistent with rules adopted under this |
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subchapter; and |
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(3) appropriate for the estimated gestational age of |
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the unborn child and the condition of the pregnant woman and her |
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pregnancy. |
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(c) A physician making a determination under Subsection (a) |
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shall record in the pregnant woman's medical record the estimated |
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gestational age of the unborn child, the test used for detecting a |
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fetal heartbeat, the date and time of the test, and the results of |
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the test. |
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(d) The executive commissioner may adopt rules specifying |
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the appropriate tests to be used in determining the presence of a |
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fetal heartbeat based on standard medical practice. |
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Sec. 171.203. ABORTION OF UNBORN CHILD WITH DETECTABLE |
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FETAL HEARTBEAT PROHIBITED. (a) Except as provided by Section |
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171.204, a physician may not intentionally perform or induce an |
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abortion on a pregnant woman with the specific intent of causing or |
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abetting the termination of the life of the woman's unborn child if |
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the physician detected a fetal heartbeat for the unborn child under |
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Section 171.202 or failed to perform a test to detect a fetal |
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heartbeat. |
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(b) A physician does not violate this section if the |
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physician performed a test for a fetal heartbeat under Section |
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171.202 and did not detect a fetal heartbeat. |
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(c) This section does not affect the provisions of this |
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chapter that restrict or regulate an abortion by a particular |
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method or during a particular stage of pregnancy. |
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Sec. 171.204. EXCEPTION FOR MEDICAL EMERGENCY; RECORDS. |
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(a) This subchapter does not apply if a physician believes a |
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medical emergency exists that prevents compliance with this |
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subchapter. |
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(b) A physician who performs or induces an abortion under |
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circumstances described by Subsection (a) shall make written |
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notations in the pregnant woman's medical record of: |
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(1) the physician's belief that a medical emergency |
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necessitated the abortion; and |
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(2) the medical condition of the pregnant woman that |
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prevented compliance with this subchapter. |
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(c) A physician performing or inducing an abortion under |
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this section shall maintain in the physician's practice records a |
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copy of the notations made under Subsection (b) until the seventh |
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anniversary of the date that the abortion is performed or induced. |
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Sec. 171.205. ADMINISTRATIVE PENALTY. The Texas Medical |
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Board may take disciplinary action under Chapter 164, Occupations |
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Code, or assess an administrative penalty under Subchapter A, |
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Chapter 165, Occupations Code, against a person who violates this |
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subchapter. |
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SECTION 2. Subchapter A, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.008 to read as follows: |
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Sec. 171.008. REQUIRED DOCUMENTATION. (a) If an abortion |
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is performed or induced on a pregnant woman because of a medical |
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emergency, the physician who performs or induces the abortion shall |
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execute a written document that certifies the abortion is necessary |
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due to a medical emergency and specifies the woman's medical |
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condition requiring the abortion. |
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(b) A physician shall: |
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(1) place the document described by Subsection (a) in |
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the pregnant woman's medical record; and |
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(2) maintain a copy of the document described by |
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Subsection (a) in the physician's practice records until the |
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seventh anniversary of the date that the document is executed. |
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SECTION 3. Section 245.011(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The report must include: |
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(1) whether the abortion facility at which the |
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abortion is performed is licensed under this chapter; |
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(2) the patient's year of birth, race, marital status, |
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and state and county of residence; |
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(3) the type of abortion procedure; |
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(4) the date the abortion was performed; |
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(5) whether the patient survived the abortion, and if |
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the patient did not survive, the cause of death; |
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(6) the probable post-fertilization age of the unborn |
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child based on the best medical judgment of the attending physician |
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at the time of the procedure; |
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(7) the date, if known, of the patient's last menstrual |
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cycle; |
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(8) the number of previous live births of the patient; |
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[and] |
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(9) the number of previous induced abortions of the |
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patient; |
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(10) whether the abortion was performed or induced |
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because of a medical emergency and any medical condition of the |
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pregnant woman that required the abortion; |
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(11) whether the physician made a determination of the |
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presence of a fetal heartbeat in accordance with Section 171.202; |
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and |
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(12) whether the physician performed or induced the |
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abortion under circumstances described by Section 171.204. |
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SECTION 4. The change in law made by this Act applies only |
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to an abortion performed or induced on or after the effective date |
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of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |