Texas 2015 - 84th Regular

Texas House Bill HB3765 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R3465 SCL-F
2	2	By: Laubenberg H.B. No. 3765
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to consent to an abortion on a minor.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 171.011, Health and Safety Code, is
10	10	amended to read as follows:
11	11	Sec. 171.011. INFORMED CONSENT REQUIRED. A person may not
12	12	perform an abortion without the voluntary and informed consent of
13	13	the woman, regardless of the age of the woman, on whom the abortion
14	14	is to be performed.
15	15	SECTION 2. Section 164.052(a), Occupations Code, is amended
16	16	to read as follows:
17	17	(a) A physician or an applicant for a license to practice
18	18	medicine commits a prohibited practice if that person:
19	19	(1) submits to the board a false or misleading
20	20	statement, document, or certificate in an application for a
21	21	license;
22	22	(2) presents to the board a license, certificate, or
23	23	diploma that was illegally or fraudulently obtained;
24	24	(3) commits fraud or deception in taking or passing an
25	25	examination;
26	26	(4) uses alcohol or drugs in an intemperate manner
27	27	that, in the board's opinion, could endanger a patient's life;
28	28	(5) commits unprofessional or dishonorable conduct
29	29	that is likely to deceive or defraud the public, as provided by
30	30	Section 164.053, or injure the public;
31	31	(6) uses an advertising statement that is false,
32	32	misleading, or deceptive;
33	33	(7) advertises professional superiority or the
34	34	performance of professional service in a superior manner if that
35	35	advertising is not readily subject to verification;
36	36	(8) purchases, sells, barters, or uses, or offers to
37	37	purchase, sell, barter, or use, a medical degree, license,
38	38	certificate, or diploma, or a transcript of a license, certificate,
39	39	or diploma in or incident to an application to the board for a
40	40	license to practice medicine;
41	41	(9) alters, with fraudulent intent, a medical license,
42	42	certificate, or diploma, or a transcript of a medical license,
43	43	certificate, or diploma;
44	44	(10) uses a medical license, certificate, or diploma,
45	45	or a transcript of a medical license, certificate, or diploma that
46	46	has been:
47	47	(A) fraudulently purchased or issued;
48	48	(B) counterfeited; or
49	49	(C) materially altered;
50	50	(11) impersonates or acts as proxy for another person
51	51	in an examination required by this subtitle for a medical license;
52	52	(12) engages in conduct that subverts or attempts to
53	53	subvert an examination process required by this subtitle for a
54	54	medical license;
55	55	(13) impersonates a physician or permits another to
56	56	use the person's license or certificate to practice medicine in
57	57	this state;
58	58	(14) directly or indirectly employs a person whose
59	59	license to practice medicine has been suspended, canceled, or
60	60	revoked;
61	61	(15) associates in the practice of medicine with a
62	62	person:
63	63	(A) whose license to practice medicine has been
64	64	suspended, canceled, or revoked; or
65	65	(B) who has been convicted of the unlawful
66	66	practice of medicine in this state or elsewhere;
67	67	(16) performs or procures a criminal abortion, aids or
68	68	abets in the procuring of a criminal abortion, attempts to perform
69	69	or procure a criminal abortion, or attempts to aid or abet the
70	70	performance or procurement of a criminal abortion;
71	71	(17) directly or indirectly aids or abets the practice
72	72	of medicine by a person, partnership, association, or corporation
73	73	that is not licensed to practice medicine by the board;
74	74	(18) performs an abortion on a woman who is pregnant
75	75	with a viable unborn child during the third trimester of the
76	76	pregnancy unless:
77	77	(A) the abortion is necessary to prevent the
78	78	death of the woman;
79	79	(B) the viable unborn child has a severe,
80	80	irreversible brain impairment; or
81	81	(C) the woman is diagnosed with a significant
82	82	likelihood of suffering imminent severe, irreversible brain damage
83	83	or imminent severe, irreversible paralysis;
84	84	(19) performs an abortion on an unemancipated minor
85	85	without the written, notarized consent of the minor and the minor's
86	86	[child's] parent, managing conservator, or legal guardian or
87	87	without a court order, as provided by Section 33.003 or 33.004,
88	88	Family Code, authorizing the minor to consent to the abortion,
89	89	unless the physician concludes that on the basis of the physician's
90	90	good faith clinical judgment, a condition exists that complicates
91	91	the medical condition of the pregnant minor and necessitates the
92	92	immediate abortion of her pregnancy to avert her death or to avoid a
93	93	serious risk of substantial impairment of a major bodily function
94	94	and that there is insufficient time to obtain the consent of the
95	95	minor and the minor's [child's] parent, managing conservator, or
96	96	legal guardian; or
97	97	(20) performs or induces or attempts to perform or
98	98	induce an abortion in violation of Subchapter C, Chapter 171,
99	99	Health and Safety Code.
100	100	SECTION 3. The changes in law made by this Act apply only to
101	101	an abortion performed on or after the effective date of this Act.
102	102	An abortion performed before the effective date of this Act is
103	103	governed by the law in effect on the date the abortion was
104	104	performed, and that law is continued in effect for that purpose.
105	105	SECTION 4. This Act takes effect September 1, 2015.