84R3465 SCL-F
By: Laubenberg H.B. No. 3765
A BILL TO BE ENTITLED
AN ACT
relating to consent to an abortion on a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.011, Health and Safety Code, is
amended to read as follows:
Sec. 171.011. INFORMED CONSENT REQUIRED. A person may not
perform an abortion without the voluntary and informed consent of
the woman, regardless of the age of the woman, on whom the abortion
is to be performed.
SECTION 2. Section 164.052(a), Occupations Code, is amended
to read as follows:
(a) A physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) presents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3) commits fraud or deception in taking or passing an
examination;
(4) uses alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(5) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6) uses an advertising statement that is false,
misleading, or deceptive;
(7) advertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a medical degree, license,
certificate, or diploma, or a transcript of a license, certificate,
or diploma in or incident to an application to the board for a
license to practice medicine;
(9) alters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10) uses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
has been:
(A) fraudulently purchased or issued;
(B) counterfeited; or
(C) materially altered;
(11) impersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12) engages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13) impersonates a physician or permits another to
use the person's license or certificate to practice medicine in
this state;
(14) directly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15) associates in the practice of medicine with a
person:
(A) whose license to practice medicine has been
suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16) performs or procures a criminal abortion, aids or
abets in the procuring of a criminal abortion, attempts to perform
or procure a criminal abortion, or attempts to aid or abet the
performance or procurement of a criminal abortion;
(17) directly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
that is not licensed to practice medicine by the board;
(18) performs an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A) the abortion is necessary to prevent the
death of the woman;
(B) the viable unborn child has a severe,
irreversible brain impairment; or
(C) the woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19) performs an abortion on an unemancipated minor
without the written, notarized consent of the minor and the minor's
[child's] parent, managing conservator, or legal guardian or
without a court order, as provided by Section 33.003 or 33.004,
Family Code, authorizing the minor to consent to the abortion,
unless the physician concludes that on the basis of the physician's
good faith clinical judgment, a condition exists that complicates
the medical condition of the pregnant minor and necessitates the
immediate abortion of her pregnancy to avert her death or to avoid a
serious risk of substantial impairment of a major bodily function
and that there is insufficient time to obtain the consent of the
minor and the minor's [child's] parent, managing conservator, or
legal guardian; or
(20) performs or induces or attempts to perform or
induce an abortion in violation of Subchapter C, Chapter 171,
Health and Safety Code.
SECTION 3. The changes in law made by this Act apply only to
an abortion performed on or after the effective date of this Act.
An abortion performed before the effective date of this Act is
governed by the law in effect on the date the abortion was
performed, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.