Texas 2011 - 82nd Regular

Texas Senate Bill SB1790 Compare Versions

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1	1	By: Patrick S.B. No. 1790
2	2	(In the Senate - Filed March 11, 2011; March 23, 2011, read
3	3	first time and referred to Committee on Health and Human Services;
4	4	May 13, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 2; May 13, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1790 By: Patrick
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to distributing or prescribing abortion-inducing drugs;
13	13	providing an administrative penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 171, Health and Safety Code, is amended
16	16	by adding Subchapter D to read as follows:
17	17	SUBCHAPTER D. ABORTION-INDUCING DRUGS
18	18	Sec. 171.081. DEFINITIONS. In this subchapter:
19	19	(1) "Abortion" means the act of using or prescribing
20	20	an instrument, a medicine, a drug, or any other substance, device,
21	21	or means with the intent to terminate a clinically diagnosable
22	22	pregnancy of a woman and with knowledge that the termination by
23	23	those means will, with reasonable likelihood, cause the death of
24	24	the woman's unborn child. An act is not an abortion if the act is
25	25	done with the intent to:
26	26	(A) save the life or preserve the health of an
27	27	unborn child;
28	28	(B) remove a dead unborn child whose death was
29	29	caused by spontaneous abortion;
30	30	(C) remove an ectopic pregnancy; or
31	31	(D) treat a maternal disease or illness for which
32	32	the prescribed drug is indicated.
33	33	(2) "Abortion-inducing drug" means a medicine, a drug,
34	34	or any other substance prescribed or dispensed with the intent of
35	35	terminating a clinically diagnosable pregnancy of a woman and with
36	36	knowledge that the termination will, with reasonable likelihood,
37	37	cause the death of the woman's unborn child. The term includes
38	38	off-label use of drugs known to have abortion-inducing properties
39	39	that are prescribed with the intent of causing an abortion,
40	40	including misoprostol and methotrexate. The term does not include
41	41	a drug that may be known to cause an abortion but is prescribed for
42	42	other medical reasons.
43	43	(3) "Drug label" means a pamphlet accompanying an
44	44	abortion-inducing drug that:
45	45	(A) outlines the protocol tested and authorized
46	46	by the United States Food and Drug Administration and agreed to by
47	47	the drug company applying for authorization of the drug by that
48	48	agency; and
49	49	(B) delineates how a drug is to be used according
50	50	to approval by that agency.
51	51	(4) "Gestational age" means the amount of time that
52	52	has elapsed since the first day of a woman's last menstrual period.
53	53	(5) "Medical abortion" means the use of
54	54	abortion-inducing drugs to induce an abortion.
55	55	(6) "Physician" means an individual who is licensed to
56	56	practice medicine in this state, including a medical doctor and a
57	57	doctor of osteopathic medicine.
58	58	(7) "Pregnant" means the female reproductive
59	59	condition of having an unborn child in a woman's uterus.
60	60	(8) "Unborn child" means an offspring of human beings
61	61	from conception until birth.
62	62	Sec. 171.082. ENFORCEMENT BY TEXAS MEDICAL BOARD.
63	63	Notwithstanding Section 171.005, the Texas Medical Board shall
64	64	enforce this subchapter.
65	65	Sec. 171.083. DISTRIBUTION OF ABORTION-INDUCING DRUG.
66	66	(a) A person may not knowingly give, sell, dispense, administer,
67	67	provide, or prescribe an abortion-inducing drug to a pregnant woman
68	68	for the purpose of inducing an abortion in the pregnant woman or
69	69	enabling another person to induce an abortion in the pregnant woman
70	70	unless:
71	71	(1) the person who gives, sells, dispenses,
72	72	administers, provides, or prescribes the abortion-inducing drug is
73	73	a physician; and
74	74	(2) the provision or prescription of the
75	75	abortion-inducing drug satisfies the protocol tested and
76	76	authorized by the United States Food and Drug Administration as
77	77	outlined in the abortion-inducing drug's drug label.
78	78	(b) Before the physician gives, sells, dispenses,
79	79	administers, provides, or prescribes the abortion-inducing drug,
80	80	the physician must examine the pregnant woman and document, in the
81	81	woman's medical record, the gestational age and intrauterine
82	82	location of the pregnancy.
83	83	(c) The physician who gives, sells, dispenses, administers,
84	84	provides, or prescribes the abortion-inducing drug shall provide
85	85	the pregnant woman with a copy of the abortion-inducing drug's drug
86	86	label.
87	87	(d) The physician who gives, sells, dispenses, administers,
88	88	provides, or prescribes the abortion-inducing drug must:
89	89	(1) have a signed contract with another physician who
90	90	agrees to treat emergencies arising from use of the drug; and
91	91	(2) produce the signed contract on demand by the
92	92	pregnant woman or the Texas Medical Board.
93	93	(e) The physician who gives, sells, dispenses, administers,
94	94	provides, or prescribes the abortion-inducing drug shall provide
95	95	the pregnant woman with the name and phone number of:
96	96	(1) the physician who would treat an emergency arising
97	97	from use of the drug; and
98	98	(2) the hospital at which an emergency arising from
99	99	use of the drug would be treated.
100	100	(f) A physician who contracts to treat an emergency arising
101	101	from use of an abortion-inducing drug must have active admitting,
102	102	gynecological, and surgical privileges at the hospital designated
103	103	to treat the emergency.
104	104	(g) The physician who gives, sells, dispenses, administers,
105	105	provides, or prescribes the abortion-inducing drug, or the
106	106	physician's agent, must schedule a follow-up visit for the woman to
107	107	occur not more than 14 days after the administration of the drug.
108	108	At the follow-up visit, the physician must:
109	109	(1) confirm that the pregnancy is completely
110	110	terminated; and
111	111	(2) assess the degree of bleeding.
112	112	(h) The physician who gives, sells, dispenses, administers,
113	113	provides, or prescribes the abortion-inducing drug, or the
114	114	physician's agent, shall make a reasonable effort to ensure that
115	115	the woman returns for the scheduled appointment. The physician or
116	116	the physician's agent shall include a brief description of any
117	117	effort made to comply with this subsection, including the date,
118	118	time, and name of the person making the effort, in the woman's
119	119	medical record.
120	120	(i) If a physician provides an abortion-inducing drug to a
121	121	pregnant woman for the purpose of inducing an abortion as
122	122	authorized by this section and the physician knows that the woman
123	123	experiences a serious adverse event, as defined by the MedWatch
124	124	Reporting System, during or after using the drug, the physician
125	125	shall report the event to the United States Food and Drug
126	126	Administration through the MedWatch Reporting System within three
127	127	days of the event.
128	128	Sec. 171.084. ADMINISTRATIVE PENALTY. (a) The Texas
129	129	Medical Board may:
130	130	(1) take disciplinary action under Chapter 164,
131	131	Occupations Code, against a person who violates Section 171.083; or
132	132	(2) assess an administrative penalty under Subchapter
133	133	A, Chapter 165, Occupations Code, against a person who violates
134	134	Section 171.083.
135	135	(b) A penalty may not be assessed under this section against
136	136	a pregnant woman who receives a medical abortion.
137	137	SECTION 2. This Act takes effect immediately if it receives
138	138	a vote of two-thirds of all the members elected to each house, as
139	139	provided by Section 39, Article III, Texas Constitution. If this
140	140	Act does not receive the vote necessary for immediate effect, this
141	141	Act takes effect September 1, 2011.
142	142	* * * * *