Texas 2013 - 83rd 1st C.S.

Texas Senate Bill SB18 Compare Versions

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1	1	By: Patrick S.B. No. 18
2	2	(In the Senate - Filed May 29, 2013; June 11, 2013, read
3	3	first time and referred to Committee on Health and Human Services;
4	4	June 14, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 2; June 14, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 18 By: Nichols
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 penalties.
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 C to read as follows:
17	17	SUBCHAPTER C. ABORTION-INDUCING DRUGS
18	18	Sec. 171.051. DEFINITIONS. In this subchapter:
19	19	(1) "Abortion-inducing drug" means a drug, a medicine,
20	20	or any other substance, including a regimen of two or more drugs,
21	21	medicines, or substances, prescribed, dispensed, or administered
22	22	with the intent of terminating a clinically diagnosable pregnancy
23	23	of a woman and with knowledge that the termination will, with
24	24	reasonable likelihood, cause the death of the woman's unborn child.
25	25	The term includes off-label use of drugs, medicines, or other
26	26	substances known to have abortion-inducing properties that are
27	27	prescribed, dispensed, or administered with the intent of causing
28	28	an abortion, including the Mifeprex regimen. The term does not
29	29	include a drug, medicine, or other substance that may be known to
30	30	cause an abortion but is prescribed, dispensed, or administered for
31	31	other medical reasons.
32	32	(2) "Final printed label" or "FPL" means the
33	33	informational document approved by the United States Food and Drug
34	34	Administration for an abortion-inducing drug that:
35	35	(A) outlines the protocol authorized by that
36	36	agency and agreed to by the drug company applying for authorization
37	37	of the drug by that agency; and
38	38	(B) delineates how a drug is to be used according
39	39	to approval by that agency.
40	40	(3) "Gestational age" means the amount of time that
41	41	has elapsed since the first day of a woman's last menstrual period.
42	42	(4) "Medical abortion" means the administration or use
43	43	of an abortion-inducing drug to induce an abortion.
44	44	(5) "Mifeprex regimen," "RU-486 regimen," or "RU-486"
45	45	means the abortion-inducing drug regimen approved by the United
46	46	States Food and Drug Administration that consists of administering
47	47	mifepristone and misoprostol.
48	48	(6) "Physician" means an individual who is licensed to
49	49	practice medicine in this state, including a medical doctor and a
50	50	doctor of osteopathic medicine.
51	51	(7) "Pregnant" means the female reproductive
52	52	condition of having an unborn child in a woman's uterus.
53	53	(8) "Unborn child" means an offspring of human beings
54	54	from conception until birth.
55	55	Sec. 171.0511. APPLICABILITY TO MEDICAL ABORTION. This
56	56	subchapter does not apply to an abortion done with the intent to:
57	57	(1) save the life or preserve the health of an unborn
58	58	child;
59	59	(2) remove a dead, unborn child whose death was caused
60	60	by spontaneous abortion;
61	61	(3) remove an ectopic pregnancy; or
62	62	(4) treat a maternal disease or illness for which a
63	63	prescribed drug, medicine, or other substance is indicated.
64	64	Sec. 171.052. ENFORCEMENT BY TEXAS MEDICAL BOARD.
65	65	Notwithstanding Section 171.005, the Texas Medical Board shall
66	66	enforce this subchapter.
67	67	Sec. 171.053. DISTRIBUTION OF ABORTION-INDUCING DRUG.
68	68	(a) A person may not knowingly give, sell, dispense, administer,
69	69	provide, or prescribe an abortion-inducing drug to a pregnant woman
70	70	for the purpose of inducing an abortion in the pregnant woman or
71	71	enabling another person to induce an abortion in the pregnant woman
72	72	unless:
73	73	(1) the person who gives, sells, dispenses,
74	74	administers, provides, or prescribes the abortion-inducing drug is
75	75	a physician;
76	76	(2) the physician administering the abortion-inducing
77	77	drug administers the drug to the woman while both are present at an
78	78	abortion facility licensed under Chapter 245; and
79	79	(3) the provision, prescription, or administration of
80	80	the abortion-inducing drug satisfies the protocol tested and
81	81	authorized by the United States Food and Drug Administration as
82	82	outlined in the final printed label of the abortion-inducing drug.
83	83	(b) Before the physician gives, sells, dispenses,
84	84	administers, provides, or prescribes an abortion-inducing drug,
85	85	the physician must examine the pregnant woman and document, in the
86	86	woman's medical record, the gestational age and intrauterine
87	87	location of the pregnancy.
88	88	(c) The physician who gives, sells, dispenses, administers,
89	89	provides, or prescribes an abortion-inducing drug shall provide the
90	90	pregnant woman with:
91	91	(1) a copy of the final printed label of that
92	92	abortion-inducing drug; and
93	93	(2) a telephone number by which the pregnant woman may
94	94	reach the physician, or other health care personnel employed by the
95	95	physician or by the facility at which the abortion was performed
96	96	with access to the woman's relevant medical records, 24 hours a day
97	97	to request assistance for any complications that arise from the
98	98	administration or use of the drug or ask health-related questions
99	99	regarding the administration or use of the drug.
100	100	(d) The physician who gives, sells, dispenses, administers,
101	101	provides, or prescribes the abortion-inducing drug, or the
102	102	physician's agent, must schedule a follow-up visit for the woman to
103	103	occur not more than 14 days after the administration or use of the
104	104	drug. At the follow-up visit, the physician must:
105	105	(1) confirm that the pregnancy is completely
106	106	terminated; and
107	107	(2) assess the degree of bleeding.
108	108	(e) The physician who gives, sells, dispenses, administers,
109	109	provides, or prescribes the abortion-inducing drug, or the
110	110	physician's agent, shall make a reasonable effort to ensure that
111	111	the woman returns for the scheduled follow-up visit under
112	112	Subsection (d). The physician or the physician's agent shall
113	113	document a brief description of any effort made to comply with this
114	114	subsection, including the date, time, and name of the person making
115	115	the effort, in the woman's medical record.
116	116	(f) If a physician gives, sells, dispenses, administers,
117	117	provides, or prescribes an abortion-inducing drug to a pregnant
118	118	woman for the purpose of inducing an abortion as authorized by this
119	119	section and the physician knows that the woman experiences a
120	120	serious adverse event, as defined by the MedWatch Reporting System,
121	121	during or after the administration or use of the drug, the physician
122	122	shall report the event to the United States Food and Drug
123	123	Administration through the MedWatch Reporting System not later than
124	124	the third day after the date the physician learns that the event
125	125	occurred.
126	126	Sec. 171.054. ADMINISTRATIVE PENALTY. (a) The Texas
127	127	Medical Board may take disciplinary action under Chapter 164,
128	128	Occupations Code, or assess an administrative penalty under
129	129	Subchapter A, Chapter 165, Occupations Code, against a person who
130	130	violates Section 171.053.
131	131	(b) A penalty may not be assessed under this section against
132	132	a pregnant woman who receives a medical abortion.
133	133	SECTION 2. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect on the 91st day after the last day of the
138	138	legislative session.
139	139	* * * * *