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A BILL TO BE ENTITLED
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AN ACT
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relating to repealing or replacing medically unnecessary and |
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outdated abortion restrictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Abortion is Health |
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Care Act. |
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(b) The legislature finds that: |
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(1) comprehensive reproductive health care, including |
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safe abortion, is a vital component of a person's overall health and |
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of their social and economic equality; |
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(2) abortion is one of the safest medical procedures |
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in the United States, as demonstrated by available data, including |
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from the federal Centers for Disease Control and Prevention, |
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showing abortion has a more than 99 percent safety record; |
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(3) any regulation of medical care must have a |
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legitimate purpose and advance the goals of improving the quality |
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of care and increasing access to care; |
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(4) according to the American College of Obstetricians |
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and Gynecologists, American Medical Association, American Academy |
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of Family Physicians, and American Osteopathic Association, |
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"[w]omen's access to high-quality, evidence-based abortion care |
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should not be limited by laws enacted under the guise of patient |
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safety but that, in fact, harm women's health"; and |
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(5) the 334 restrictions on abortion providers and |
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their patients adopted nationally since 2011 and the onerous |
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restrictions enacted in this state based on pretextual reasons are |
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a systematic attempt to eliminate access to safe and legal medical |
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care. |
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SECTION 2. The following provisions are repealed: |
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(1) Chapter 33, Family Code; |
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(2) Sections 151.002(c), (d), (e), (f), and (g), |
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Family Code; |
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(3) Section 32.005, Health and Safety Code; |
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(4) Sections 171.002(3) and (4), Health and Safety |
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Code; |
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(5) Section 171.0031, Health and Safety Code; |
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(6) Section 171.004, Health and Safety Code; |
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(7) Section 171.005, Health and Safety Code; |
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(8) Section 171.006, Health and Safety Code, as added |
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by Chapter 4 (H.B. 13), Acts of the 85th Legislature, First Called |
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Session, 2017; |
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(9) Section 171.006, Health and Safety Code, as added |
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by Chapter 9 (H.B. 215), Acts of the 85th Legislature, First Called |
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Session, 2017; |
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(10) Section 171.012, Health and Safety Code; |
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(11) Section 171.0121, Health and Safety Code; |
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(12) Section 171.0122, Health and Safety Code; |
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(13) Section 171.0123, Health and Safety Code; |
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(14) Section 171.0124, Health and Safety Code; |
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(15) Section 171.013, Health and Safety Code; |
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(16) Section 171.014, Health and Safety Code; |
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(17) Section 171.015, Health and Safety Code; |
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(18) Section 171.016, Health and Safety Code; |
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(19) Section 171.017, Health and Safety Code; |
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(20) Section 171.018, Health and Safety Code; |
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(21) Subchapters C, D, F, and G, Chapter 171, Health |
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and Safety Code; |
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(22) Section 241.007, Health and Safety Code; |
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(23) Section 243.017, Health and Safety Code; |
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(24) Section 245.010, Health and Safety Code; |
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(25) Section 245.011(f) and (g), Health and Safety |
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Code; |
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(26) Section 245.0116, Health and Safety Code; |
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(27) Section 245.024, Health and Safety Code; |
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(28) Chapter 697, Health and Safety Code; |
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(29) Section 32.024(c-1), Human Resources Code; |
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(30) Chapter 1218, Insurance Code; |
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(31) Chapter 1696, Insurance Code; |
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(32) Subtitle M, Title 8, Insurance Code; |
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(33) Chapter 103, Occupations Code; |
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(34) Section 111.005(c), Occupations Code; and |
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(35) Section 164.0551, Occupations Code. |
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SECTION 3. Section 32.003(a), Family Code, is amended to |
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read as follows: |
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(a) A child may consent to medical, dental, psychological, |
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and surgical treatment for the child by a licensed physician or |
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dentist if the child: |
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(1) is on active duty with the armed services of the |
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United States of America; |
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(2) is: |
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(A) 16 years of age or older and resides separate |
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and apart from the child's parents, managing conservator, or |
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guardian, with or without the consent of the parents, managing |
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conservator, or guardian and regardless of the duration of the |
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residence; and |
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(B) managing the child's own financial affairs, |
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regardless of the source of the income; |
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(3) consents to the diagnosis and treatment of an |
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infectious, contagious, or communicable disease that is required by |
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law or a rule to be reported by the licensed physician or dentist to |
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a local health officer or the Texas Department of Health, including |
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all diseases within the scope of Section 81.041, Health and Safety |
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Code; |
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(4) is unmarried and pregnant and consents to |
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hospital, medical, or surgical treatment[, other than abortion,] |
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related to the pregnancy; |
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(5) consents to examination and treatment for drug or |
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chemical addiction, drug or chemical dependency, or any other |
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condition directly related to drug or chemical use; |
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(6) is unmarried, is the parent of a child, and has |
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actual custody of his or her child and consents to medical, dental, |
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psychological, or surgical treatment for the child; or |
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(7) is serving a term of confinement in a facility |
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operated by or under contract with the Texas Department of Criminal |
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Justice[, unless the treatment would constitute a prohibited |
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practice under Section 164.052(a)(19), Occupations Code]. |
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SECTION 4. The heading to Section 151.002, Family Code, is |
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amended to read as follows: |
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Sec. 151.002. RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR |
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PREMATURE BIRTH[; CIVIL PENALTY; CRIMINAL OFFENSE]. |
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SECTION 5. Section 266.010(a), Family Code, is amended to |
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read as follows: |
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(a) A foster child who is at least 16 years of age may |
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consent to the provision of medical care[, except as provided by |
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Chapter 33,] if the court with continuing jurisdiction determines |
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that the child has the capacity to consent to medical care. If the |
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child provides consent by signing a consent form, the form must be |
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written in language the child can understand. |
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SECTION 6. Section 501.065, Government Code, is amended to |
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read as follows: |
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Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, |
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AND SURGICAL TREATMENT. An inmate who is younger than 18 years of |
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age and is confined in a facility operated by or under contract with |
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the department may, in accordance with procedures established by |
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the department, consent to medical, dental, psychological, and |
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surgical treatment for the inmate by a licensed health care |
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practitioner, or a person under the direction of a licensed health |
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care practitioner[, unless the treatment would constitute a |
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prohibited practice under Section 164.052(a)(19), Occupations |
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Code]. |
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SECTION 7. Section 2272.002(b), Government Code, as added |
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by Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular |
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Session, 2019, is amended to read as follows: |
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(b) For purposes of this chapter, a facility is not |
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considered to be an abortion provider solely based on the |
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performance of an abortion at the facility during a medical |
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emergency [as defined by Section 171.002, Health and Safety Code]. |
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In this subsection, "medical emergency" means a life-threatening |
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physical condition aggravated by, caused by, or arising from a |
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pregnancy that, as certified by a physician, places the woman in |
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danger of death or a serious risk of substantial impairment of a |
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major bodily function unless an abortion is performed. |
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SECTION 8. Section 171.003, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.003. PERSONS AUTHORIZED [PHYSICIAN] TO PERFORM OR |
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INDUCE ABORTION. An abortion may be performed or induced only by: |
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(1) a physician licensed to practice medicine in this |
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state; |
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(2) a nurse licensed under Subtitle E, Title 3, |
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Occupations Code, who is operating within the nurse's scope of |
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practice; or |
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(3) a physician assistant licensed under Chapter 204, |
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Occupations Code, who is operating within the physician assistant's |
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scope of practice. |
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SECTION 9. Section 245.002, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivision (3) to |
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read as follows: |
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(1) "Abortion" means an act or procedure performed |
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after pregnancy has been medically verified and with the intent to |
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cause the termination of a pregnancy other than for the purpose of |
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either the birth of a live fetus or the removal of a dead fetus [the |
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act of using or prescribing an instrument, a drug, a medicine, or |
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any other substance, device, or means with the intent to cause the |
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death of an unborn child of a woman known to be pregnant]. The term |
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does not include birth control devices or oral contraceptives. [An |
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act is not an abortion if the act is done with the intent to: |
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[(A) save the life or preserve the health of an |
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unborn child; |
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[(B) remove a dead, unborn child whose death was |
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caused by spontaneous abortion; or |
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[(C) remove an ectopic pregnancy.] |
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(3) "Commission" means the Health and Human Services |
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Commission. |
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SECTION 10. Section 245.005(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) As a condition for renewal of a license, the licensee |
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must submit to the commission [department] the annual license |
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renewal fee and an annual report, including the report required |
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under Section 245.011. |
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SECTION 11. Section 245.006(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department shall inspect an abortion facility at |
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random, unannounced, and reasonable times as necessary to ensure |
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compliance with this chapter and Section 171.011 [, Subchapter B, |
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Chapter 171, and Chapter 33, Family Code]. |
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SECTION 12. The heading to Section 245.010, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 245.010. PERSONS AUTHORIZED TO PERFORM OR INDUCE |
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ABORTION [MINIMUM STANDARDS]. |
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SECTION 13. Section 245.010(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Only the following persons may perform or induce an |
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abortion: |
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(1) a physician as defined by Subtitle B, Title 3, |
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Occupations Code; |
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(2) a nurse licensed under Subtitle E, Title 3, |
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Occupations Code, who is operating within the nurse's scope of |
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practice; or |
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(3) a physician assistant licensed under Chapter 204, |
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Occupations Code, who is operating within the physician assistant's |
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scope of practice [, may perform an abortion]. |
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SECTION 14. Sections 245.011(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) Each [A physician who performs an abortion at an] |
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abortion facility must [complete and] submit a monthly report to |
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the commission [department] on each abortion performed [by the |
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physician] at the abortion facility. The report must be submitted |
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on a form provided by the commission [department]. |
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(b) The report may not identify by any means the person |
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performing the abortion or the patient. |
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SECTION 15. Section 164.052(a), Occupations Code, is |
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amended 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 pregnant patient |
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[woman] who is pregnant with a viable [unborn child] fetus during |
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the third trimester of the pregnancy unless: |
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(A) the abortion is necessary to protect the |
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health or prevent the death of the pregnant patient [woman]; |
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(B) the [viable] fetus [unborn child] has a |
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severe, irreversible brain impairment; or |
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(C) the pregnant patient [woman] is diagnosed |
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with a significant likelihood of suffering imminent severe, |
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irreversible brain damage or imminent severe, irreversible |
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paralysis; or |
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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; |
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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)] in complying with the procedures outlined in |
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Sections 166.045 and 166.046, Health and Safety Code, wilfully |
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fails to make a reasonable effort to transfer a patient to a |
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physician who is willing to comply with a directive. |
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SECTION 16. Section 164.055(b), Occupations Code, is |
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amended to read as follows: |
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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 Section |
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170.002, Health and Safety Code[, or Subchapter C, F, or G, Chapter |
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171, Health and Safety Code]. |
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SECTION 17. The changes in law made by this Act apply only |
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to an abortion performed or induced on or after the effective date |
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of this Act. An abortion performed or induced before the effective |
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date of this Act is governed by the law applicable to the abortion |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 18. This Act takes effect September 1, 2021. |