| 1 | 1 | | 83R23945 JSC-F |
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| 2 | 2 | | By: Burkett, Bonnen of Galveston, Fallon, H.B. No. 2816 |
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| 3 | 3 | | Farney, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 2816: |
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| 5 | 5 | | By: Harless C.S.H.B. No. 2816 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to requirements for physicians who perform abortions; |
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| 11 | 11 | | creating an offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter A, Chapter 171, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 171.0031 to read as follows: |
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| 15 | 15 | | Sec. 171.0031. REQUIREMENTS OF PHYSICIAN; OFFENSE. (a) A |
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| 16 | 16 | | physician performing or inducing an abortion: |
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| 17 | 17 | | (1) must, on the date the abortion is performed, have |
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| 18 | 18 | | active admitting privileges at a hospital that: |
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| 19 | 19 | | (A) is located not further than 30 miles from the |
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| 20 | 20 | | location at which the abortion is performed or induced; and |
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| 21 | 21 | | (B) provides obstetrical or gynecological health |
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| 22 | 22 | | care services; |
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| 23 | 23 | | (2) shall provide the patient with: |
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| 24 | 24 | | (A) a telephone number by which the patient may, |
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| 25 | 25 | | for 30 days following the procedure, 24 hours a day, reach the |
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| 26 | 26 | | physician, health care personnel employed by the physician, or |
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| 27 | 27 | | personnel employed by the facility at which the abortion was |
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| 28 | 28 | | performed who have access to the patient's relevant medical records |
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| 29 | 29 | | to request assistance for any complications that arise from the |
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| 30 | 30 | | performance of the abortion; and |
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| 31 | 31 | | (B) the name and telephone number of the nearest |
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| 32 | 32 | | hospital to the home of the patient at which an emergency arising |
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| 33 | 33 | | from the abortion would be treated; and |
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| 34 | 34 | | (3) shall maintain the patient's medical records in |
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| 35 | 35 | | accordance with rules adopted by the Texas Medical Board. |
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| 36 | 36 | | (b) A physician who violates Subsection (a) commits an |
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| 37 | 37 | | offense. An offense under this section is a Class A misdemeanor |
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| 38 | 38 | | punishable by a fine only, not to exceed $4,000. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2013. |
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