Texas 2017 - 85th Regular

Texas House Bill HB1049 Compare Versions

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

Old	New	Differences
1	1	85R6503 SCL-D
2	2	By: Swanson H.B. No. 1049
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited acts regarding abortion for a physician or
8	8	applicant for a medical license.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 164.052(a), Occupations Code, is amended
11	11	to read as follows:
12	12	(a) A physician or an applicant for a license to practice
13	13	medicine commits a prohibited practice if that person:
14	14	(1) submits to the board a false or misleading
15	15	statement, document, or certificate in an application for a
16	16	license;
17	17	(2) presents to the board a license, certificate, or
18	18	diploma that was illegally or fraudulently obtained;
19	19	(3) commits fraud or deception in taking or passing an
20	20	examination;
21	21	(4) uses alcohol or drugs in an intemperate manner
22	22	that, in the board's opinion, could endanger a patient's life;
23	23	(5) commits unprofessional or dishonorable conduct
24	24	that is likely to deceive or defraud the public, as provided by
25	25	Section 164.053, or injure the public;
26	26	(6) uses an advertising statement that is false,
27	27	misleading, or deceptive;
28	28	(7) advertises professional superiority or the
29	29	performance of professional service in a superior manner if that
30	30	advertising is not readily subject to verification;
31	31	(8) purchases, sells, barters, or uses, or offers to
32	32	purchase, sell, barter, or use, a medical degree, license,
33	33	certificate, or diploma, or a transcript of a license, certificate,
34	34	or diploma in or incident to an application to the board for a
35	35	license to practice medicine;
36	36	(9) alters, with fraudulent intent, a medical license,
37	37	certificate, or diploma, or a transcript of a medical license,
38	38	certificate, or diploma;
39	39	(10) uses a medical license, certificate, or diploma,
40	40	or a transcript of a medical license, certificate, or diploma that
41	41	has been:
42	42	(A) fraudulently purchased or issued;
43	43	(B) counterfeited; or
44	44	(C) materially altered;
45	45	(11) impersonates or acts as proxy for another person
46	46	in an examination required by this subtitle for a medical license;
47	47	(12) engages in conduct that subverts or attempts to
48	48	subvert an examination process required by this subtitle for a
49	49	medical license;
50	50	(13) impersonates a physician or permits another to
51	51	use the person's license or certificate to practice medicine in
52	52	this state;
53	53	(14) directly or indirectly employs a person whose
54	54	license to practice medicine has been suspended, canceled, or
55	55	revoked;
56	56	(15) associates in the practice of medicine with a
57	57	person:
58	58	(A) whose license to practice medicine has been
59	59	suspended, canceled, or revoked; or
60	60	(B) who has been convicted of the unlawful
61	61	practice of medicine in this state or elsewhere;
62	62	(16) performs or procures a criminal abortion, aids or
63	63	abets in the procuring of a criminal abortion, attempts to perform
64	64	or procure a criminal abortion, or attempts to aid or abet the
65	65	performance or procurement of a criminal abortion;
66	66	(17) directly or indirectly aids or abets the practice
67	67	of medicine by a person, partnership, association, or corporation
68	68	that is not licensed to practice medicine by the board;
69	69	(18) performs an abortion on a woman who is pregnant
70	70	with a viable unborn child during the third trimester of the
71	71	pregnancy unless:
72	72	(A) the abortion is necessary to prevent the
73	73	death of the woman;
74	74	(B) the viable unborn child has a severe,
75	75	irreversible brain impairment; or
76	76	(C) the woman is diagnosed with a significant
77	77	likelihood of suffering imminent severe, irreversible brain damage
78	78	or imminent severe, irreversible paralysis;
79	79	(19) performs an abortion on an unemancipated minor
80	80	without the written consent of the child's parent, managing
81	81	conservator, or legal guardian or without a court order, as
82	82	provided by Section 33.003 or 33.004, Family Code, unless the
83	83	abortion is necessary due to a medical emergency, as defined by
84	84	Section 171.002, Health and Safety Code;
85	85	(20) otherwise performs an abortion on an
86	86	unemancipated minor in violation of Chapter 33, Family Code; [or]
87	87	(21) performs or induces or attempts to perform or
88	88	induce an abortion in violation of Subchapter C, Chapter 171,
89	89	Health and Safety Code; or
90	90	(22) notwithstanding Subdivisions (18)-(21) or any
91	91	other law, performs an abortion on a woman unless:
92	92	(A) there exists a condition that, in a
93	93	physician's reasonable medical judgment, so complicates the
94	94	medical condition of the woman that, to avert the woman's death or a
95	95	serious risk of substantial and irreversible physical impairment of
96	96	a major bodily function, other than a psychological condition, it
97	97	necessitates the abortion;
98	98	(B) the abortion is to remove an ectopic
99	99	pregnancy; or
100	100	(C) if the woman is pregnant with multiple unborn
101	101	children, the abortion is necessary to ensure that at least one
102	102	unborn child is born alive and healthy.
103	103	SECTION 2. Section 164.055, Occupations Code, is amended to
104	104	read as follows:
105	105	Sec. 164.055. PROHIBITED ACTS REGARDING ABORTION. (a) The
106	106	board shall take an appropriate disciplinary action against a
107	107	physician who violates Section 170.002 or Chapter 171, Health and
108	108	Safety Code, and shall revoke the license of a physician who
109	109	violates Section 164.052(a)(22) of this code. The board shall
110	110	refuse to admit to examination or refuse to issue a license or
111	111	renewal license to a person who violates any of those provisions
112	112	[that section or chapter].
113	113	(b) The sanctions provided by Subsection (a) are in addition
114	114	to any other grounds for refusal to admit persons to examination
115	115	under this subtitle or to issue a license or renew a license to
116	116	practice medicine under this subtitle. The criminal penalties
117	117	provided by Section 165.152 do not apply to a violation of Section
118	118	170.002 or Subchapter C, Chapter 171, Health and Safety Code, or
119	119	Section 164.052(a)(22) of this code.
120	120	SECTION 3. Sections 164.052 and 164.055, Occupations Code,
121	121	as amended by this Act, apply only to an abortion performed on or
122	122	after the effective date of this Act. An abortion performed before
123	123	the effective date of this Act is governed by the law applicable to
124	124	the abortion on the date the abortion is performed, and that law is
125	125	continued in effect for that purpose.
126	126	SECTION 4. This Act takes effect September 1, 2017.