Texas 2017 - 85th Regular

Texas Senate Bill SB1427 Compare Versions

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

Old	New	Differences
1	1	85R12594 LED-F
2	2	By: Hancock, Campbell S.B. No. 1427
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to providing information regarding perinatal hospice care
8	8	and prohibiting discriminatory abortions; creating an
9	9	administrative penalty, a civil remedy, and criminal offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 161, Health and Safety Code, is amended
12	12	by adding Subchapter X to read as follows:
13	13	SUBCHAPTER X. PERINATAL HOSPICE CARE
14	14	Sec. 161.701. PURPOSE OF SUBCHAPTER. The purpose of this
15	15	subchapter is to ensure that:
16	16	(1) a pregnant woman who receives a diagnosis of a
17	17	life-threatening disability of the woman's unborn child is informed
18	18	of the availability of perinatal hospice care; and
19	19	(2) a pregnant woman who chooses abortion after
20	20	receiving a diagnosis of a life-threatening disability of the
21	21	woman's unborn child makes a fully informed decision.
22	22	Sec. 161.702. DEFINITION. In this subchapter, "perinatal
23	23	hospice care" means the provision of comprehensive, supportive care
24	24	to a pregnant woman, her unborn child, and her family, from
25	25	diagnosis of the unborn child's life-threatening disability
26	26	through the delivery and death of the child as a result of the
27	27	life-threatening disability. The term includes counseling and
28	28	health care provided by maternal-fetal medical specialists,
29	29	obstetricians, neonatologists, anesthesia specialists, specialty
30	30	nurses, clergy, social workers, and other individuals focused on
31	31	alleviating fear and ensuring the pregnant woman, her unborn child,
32	32	and her family experience the life and death of the child in a
33	33	supportive environment.
34	34	Sec. 161.703. PERINATAL HOSPICE CARE INFORMATIONAL
35	35	MATERIALS. (a) The department shall develop perinatal hospice
36	36	care informational materials and post the materials on the
37	37	department's Internet website. The materials must include:
38	38	(1) a description of the health care and other
39	39	services available through perinatal hospice care; and
40	40	(2) information about medical assistance benefits
41	41	that may be available for prenatal care, childbirth, and perinatal
42	42	hospice care.
43	43	(b) The department shall develop and regularly update a
44	44	geographically indexed list of all perinatal hospice care providers
45	45	and programs in this state. The department may include perinatal
46	46	hospice care providers and programs in other states that provide
47	47	care to residents of this state. The department shall post the list
48	48	of perinatal hospice care providers and programs on the
49	49	department's Internet website.
50	50	Sec. 161.704. PERINATAL HOSPICE CARE CERTIFICATION FORM.
51	51	The department shall develop a form on which a pregnant woman
52	52	certifies she has received the perinatal hospice care informational
53	53	materials and list of the perinatal hospice care providers and
54	54	programs described by Section 161.703.
55	55	Sec. 161.705. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF
56	56	UNBORN CHILD'S LIFE-THREATENING DISABILITY. A health care provider
57	57	who diagnoses a pregnant woman's unborn child as having a
58	58	life-threatening disability shall, at the time of the diagnosis:
59	59	(1) provide the pregnant woman with a written copy of:
60	60	(A) the perinatal hospice care informational
61	61	materials and list of the perinatal hospice care providers and
62	62	programs described by Section 161.703; and
63	63	(B) the perinatal hospice care certification
64	64	form described by Section 161.704; and
65	65	(2) obtain from the pregnant woman the signed
66	66	perinatal hospice care certification form and place the form in the
67	67	pregnant woman's medical records.
68	68	Sec. 161.706. EXCEPTION. (a) A health care provider is not
69	69	required to provide the perinatal hospice care informational
70	70	materials or perinatal hospice care certification form under this
71	71	subchapter if the health care provider verifies the pregnant
72	72	woman's medical record contains a signed perinatal hospice care
73	73	certification form required under Section 161.705(2).
74	74	(b) This section does not affect a health care provider's
75	75	duty to provide the perinatal hospice care informational materials
76	76	or perinatal hospice care certification form described by this
77	77	subchapter as required under Subchapter B, Chapter 171.
78	78	SECTION 2. Chapter 170, Health and Safety Code, is amended
79	79	by designating Sections 170.001 and 170.002 as Subchapter A and
80	80	adding a subchapter heading to read as follows:
81	81	SUBCHAPTER A. GENERAL PROVISIONS; POST-VIABILITY ABORTION
82	82	PROHIBITED
83	83	SECTION 3. Sections 170.002(b) and (c), Health and Safety
84	84	Code, are amended to read as follows:
85	85	(b) Subsection (a) does not prohibit a person from
86	86	performing an abortion if at the time of the abortion the person is
87	87	a physician and concludes in good faith according to the
88	88	physician's best medical judgment that[:
89	89	[(1) the fetus is not a viable fetus and the pregnancy
90	90	is not in the third trimester;
91	91	[(2)] the abortion is necessary to prevent the death
92	92	or a substantial risk of serious impairment to the physical or
93	93	mental health of the woman[; or
94	94	[(3) the fetus has a severe and irreversible
95	95	abnormality, identified by reliable diagnostic procedures].
96	96	(c) A physician who performs an abortion that, according to
97	97	the physician's best medical judgment at the time of the abortion,
98	98	is to abort a viable unborn child during the third trimester of the
99	99	pregnancy shall certify in writing to the department, on a form
100	100	prescribed by the department, the medical indications supporting
101	101	the physician's judgment that the abortion was authorized by
102	102	Subsection (b) [(b)(2) or (3)]. The certification must be made not
103	103	later than the 30th day after the date the abortion was performed.
104	104	SECTION 4. Chapter 170, Health and Safety Code, is amended
105	105	by adding Subchapter B to read as follows:
106	106	SUBCHAPTER B. DISCRIMINATORY ABORTION PROHIBITED
107	107	Sec. 170.051. DEFINITION. In this subchapter, "disability"
108	108	means:
109	109	(1) having a physical or mental impairment that would
110	110	substantially limit one or more of an individual's major life
111	111	activities; or
112	112	(2) an assessment referencing an individual's
113	113	impairment described by Subdivision (1).
114	114	Sec. 170.052. DISCRIMINATORY ABORTION. A person may not:
115	115	(1) knowingly perform or attempt to perform on a
116	116	pregnant woman an abortion based on the race, ethnicity, sex,
117	117	probability of having or diagnosis of Down syndrome, or probability
118	118	of having or diagnosis of a disability of the woman's unborn child;
119	119	or
120	120	(2) use force or the threat of force to intentionally
121	121	injure or intimidate a person in order to coerce the performance or
122	122	attempted performance of an abortion based on the race, ethnicity,
123	123	sex, probability of having or diagnosis of Down syndrome, or
124	124	probability of having or diagnosis of a disability of the woman's
125	125	unborn child.
126	126	Sec. 170.053. CRIMINAL PENALTIES. (a) A person other than
127	127	a physician who violates Section 170.052 commits an offense. An
128	128	offense under this subsection is a Class B misdemeanor.
129	129	(b) A physician who violates Section 170.052 commits an
130	130	offense. An offense under this subsection is a Class A misdemeanor.
131	131	(c) A woman on whom an abortion is performed or attempted in
132	132	violation of Section 170.052 may not be prosecuted for a violation
133	133	of that section or for conspiracy to commit a violation of that
134	134	section.
135	135	Sec. 170.054. ADMINISTRATIVE PENALTY. A physician who
136	136	violates Section 170.052 engages in unprofessional conduct for
137	137	which the physician's license may be suspended or revoked under
138	138	Chapter 164, Occupations Code.
139	139	Sec. 170.055. CIVIL REMEDIES. (a) A civil action may be
140	140	brought against a person who violates Section 170.052 by:
141	141	(1) the woman on whom an abortion was performed or
142	142	attempted in violation of Section 170.052;
143	143	(2) the father of an unborn child for an abortion
144	144	performed or attempted on a pregnant woman in violation of Section
145	145	170.052, unless the woman's pregnancy resulted from the father's
146	146	criminal conduct; or
147	147	(3) a maternal grandparent of an unborn child for an
148	148	abortion performed or attempted in violation of Section 170.052 on
149	149	a pregnant woman who was less than 18 years of age at the time of the
150	150	violation, unless the woman's pregnancy resulted from the maternal
151	151	grandparent's criminal conduct.
152	152	(b) A person who brings an action under this section may
153	153	obtain:
154	154	(1) injunctive relief;
155	155	(2) damages incurred by the person, including:
156	156	(A) actual damages for all psychological,
157	157	emotional, and physical injuries resulting from the violation of
158	158	Section 170.052;
159	159	(B) court costs; and
160	160	(C) reasonable attorney's fees; or
161	161	(3) both injunctive relief and damages.
162	162	(c) An action for damages or injunctive relief under this
163	163	section must be filed:
164	164	(1) in a district court in the county in which the
165	165	woman on whom an abortion was performed or attempted in violation of
166	166	Section 170.052 resides; and
167	167	(2) not later than the sixth anniversary of the date
168	168	the abortion was performed or attempted in violation of Section
169	169	170.052.
170	170	(d) The damages and injunctive relief authorized by this
171	171	section are in addition to any other remedy available by law.
172	172	SECTION 5. Section 171.012, Health and Safety Code, is
173	173	amended by amending Subsection (a) and adding Subsections (f) and
174	174	(g) to read as follows:
175	175	(a) Consent to an abortion is voluntary and informed only
176	176	if:
177	177	(1) the physician who is to perform the abortion
178	178	informs the pregnant woman on whom the abortion is to be performed
179	179	of:
180	180	(A) the physician's name;
181	181	(B) the particular medical risks associated with
182	182	the particular abortion procedure to be employed, including, when
183	183	medically accurate:
184	184	(i) the risks of infection and hemorrhage;
185	185	(ii) the potential danger to a subsequent
186	186	pregnancy and of infertility; and
187	187	(iii) the possibility of increased risk of
188	188	breast cancer following an induced abortion and the natural
189	189	protective effect of a completed pregnancy in avoiding breast
190	190	cancer;
191	191	(C) the probable gestational age of the unborn
192	192	child at the time the abortion is to be performed; [and]
193	193	(D) the medical risks associated with carrying
194	194	the child to term; and
195	195	(E) the state law prohibiting abortion of an
196	196	unborn child solely on the basis of the unborn child's race,
197	197	ethnicity, sex, probability of having or diagnosis of Down
198	198	syndrome, or probability of having or diagnosis of a disability, as
199	199	defined by Section 170.051;
200	200	(2) the physician who is to perform the abortion or the
201	201	physician's agent informs the pregnant woman that:
202	202	(A) medical assistance benefits may be available
203	203	for prenatal care, childbirth, and neonatal care;
204	204	(B) the father is liable for assistance in the
205	205	support of the child without regard to whether the father has
206	206	offered to pay for the abortion; and
207	207	(C) public and private agencies provide
208	208	pregnancy prevention counseling and medical referrals for
209	209	obtaining pregnancy prevention medications or devices, including
210	210	emergency contraception for victims of rape or incest;
211	211	(3) the physician who is to perform the abortion or the
212	212	physician's agent:
213	213	(A) provides the pregnant woman with the printed
214	214	materials described by Section 171.014; and
215	215	(B) informs the pregnant woman that those
216	216	materials:
217	217	(i) have been provided by the Department of
218	218	State Health Services;
219	219	(ii) are accessible on an Internet website
220	220	sponsored by the department;
221	221	(iii) describe the unborn child and list
222	222	agencies that offer alternatives to abortion; and
223	223	(iv) include a list of agencies that offer
224	224	sonogram services at no cost to the pregnant woman;
225	225	(4) before any sedative or anesthesia is administered
226	226	to the pregnant woman and at least 24 hours before the abortion or
227	227	at least two hours before the abortion if the pregnant woman waives
228	228	this requirement by certifying that she currently lives 100 miles
229	229	or more from the nearest abortion provider that is a facility
230	230	licensed under Chapter 245 or a facility that performs more than 50
231	231	abortions in any 12-month period:
232	232	(A) the physician who is to perform the abortion
233	233	or an agent of the physician who is also a sonographer certified by
234	234	a national registry of medical sonographers performs a sonogram on
235	235	the pregnant woman on whom the abortion is to be performed;
236	236	(B) the physician who is to perform the abortion
237	237	displays the sonogram images in a quality consistent with current
238	238	medical practice in a manner that the pregnant woman may view them;
239	239	(C) the physician who is to perform the abortion
240	240	provides, in a manner understandable to a layperson, a verbal
241	241	explanation of the results of the sonogram images, including a
242	242	medical description of the dimensions of the embryo or fetus, the
243	243	presence of cardiac activity, and the presence of external members
244	244	and internal organs; and
245	245	(D) the physician who is to perform the abortion
246	246	or an agent of the physician who is also a sonographer certified by
247	247	a national registry of medical sonographers makes audible the heart
248	248	auscultation for the pregnant woman to hear, if present, in a
249	249	quality consistent with current medical practice and provides, in a
250	250	manner understandable to a layperson, a simultaneous verbal
251	251	explanation of the heart auscultation;
252	252	(5) before receiving a sonogram under Subdivision
253	253	(4)(A) and before the abortion is performed and before any sedative
254	254	or anesthesia is administered, the pregnant woman completes and
255	255	certifies with her signature an election form that states as
256	256	follows:
257	257	"ABORTION AND SONOGRAM ELECTION
258	258	(1) THE INFORMATION AND PRINTED MATERIALS
259	259	DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
260	260	AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
261	261	ME.
262	262	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF
263	263	AN ABORTION.
264	264	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM
265	265	PRIOR TO RECEIVING AN ABORTION.
266	266	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW
267	267	THE SONOGRAM IMAGES.
268	268	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR
269	269	THE HEARTBEAT.
270	270	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO
271	271	HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
272	272	CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
273	273	___ I AM PREGNANT AS A RESULT OF A SEXUAL
274	274	ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
275	275	CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
276	276	AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
277	277	REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
278	278	OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
279	279	___ I AM A MINOR AND OBTAINING AN ABORTION IN
280	280	ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
281	281	CHAPTER 33, TEXAS FAMILY CODE.
282	282	[___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
283	283	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
284	284	DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
285	285	FILE.]
286	286	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL
287	287	AND WITHOUT COERCION.
288	288	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM
289	289	THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
290	290	LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY
291	291	CODE, OR A FACILITY THAT PERFORMS MORE THAN 50
292	292	ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
293	293	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
294	294	MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
295	295	IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH
296	296	AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE THAN
297	297	50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE THE
298	298	REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS
299	299	PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY
300	300	PLACE OF RESIDENCE IS:__________.
301	301	________________________________________
302	302	SIGNATURE DATE";
303	303	(6) before the abortion is performed, the physician
304	304	who is to perform the abortion receives a copy of the signed,
305	305	written certification required by Subdivision (5); and
306	306	(7) the pregnant woman is provided the name of each
307	307	person who provides or explains the information required under this
308	308	subsection.
309	309	(f) If the pregnant woman's unborn child has been diagnosed
310	310	with a life-threatening disability, the physician who is to perform
311	311	the abortion shall, at least 24 hours before the abortion or at
312	312	least two hours before the abortion if the pregnant woman waives
313	313	this requirement by certifying that she currently lives 100 miles
314	314	or more from the nearest abortion provider that is a facility
315	315	licensed under Chapter 245 or a facility that performs more than 50
316	316	abortions in any 12-month period:
317	317	(1) orally and in person, inform the pregnant woman of
318	318	the availability of perinatal hospice care, as that term is defined
319	319	by Section 161.702; and
320	320	(2) provide the pregnant woman with a written copy of:
321	321	(A) the perinatal hospice care informational
322	322	materials and list of the perinatal hospice care providers and
323	323	programs described by Section 161.703; and
324	324	(B) the perinatal hospice care certification
325	325	form described by Section 161.704.
326	326	(g) If a pregnant woman described by Subsection (f), after
327	327	receiving from the physician who is to perform the abortion the
328	328	perinatal hospice care informational materials and certification
329	329	form described by that subsection in the manner required by that
330	330	subsection, chooses to have an abortion instead of continuing the
331	331	pregnancy in perinatal hospice care, the physician may perform the
332	332	abortion only after:
333	333	(1) the pregnant woman signs the certification form;
334	334	and
335	335	(2) the physician places the signed certification form
336	336	in the pregnant woman's medical records.
337	337	SECTION 6. Section 171.0121, Health and Safety Code, is
338	338	amended to read as follows:
339	339	Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion
340	340	begins, a copy of the signed, written certification received by the
341	341	physician under Section 171.012(a)(6) and, if applicable, under
342	342	Section 161.704 must be placed in the pregnant woman's medical
343	343	records.
344	344	(b) A copy of the signed, written certification required
345	345	under Sections 171.012(a)(5) and (6) and of any signed, written
346	346	certification required under Section 161.704 shall be retained by
347	347	the facility where the abortion is performed until:
348	348	(1) the seventh anniversary of the date the
349	349	certification [it] is signed; or
350	350	(2) if the pregnant woman is a minor, the later of:
351	351	(A) the seventh anniversary of the date the
352	352	certification [it] is signed; or
353	353	(B) the woman's 21st birthday.
354	354	SECTION 7. Section 171.0122(d), Health and Safety Code, is
355	355	amended to read as follows:
356	356	(d) A pregnant woman may choose not to receive the verbal
357	357	explanation of the results of the sonogram images under Section
358	358	171.012(a)(4)(C) if:
359	359	(1) the woman's pregnancy is a result of a sexual
360	360	assault, incest, or other violation of the Penal Code that has been
361	361	reported to law enforcement authorities or that has not been
362	362	reported because she has a reason that she declines to reveal
363	363	because she reasonably believes that to do so would put her at risk
364	364	of retaliation resulting in serious bodily injury; or
365	365	(2) the woman is a minor and obtaining an abortion in
366	366	accordance with judicial bypass procedures under Chapter 33, Family
367	367	Code[; or
368	368	[(3) the fetus has an irreversible medical condition
369	369	or abnormality, as previously identified by reliable diagnostic
370	370	procedures and documented in the woman's medical file].
371	371	SECTION 8. Section 171.014(a), Health and Safety Code, is
372	372	amended to read as follows:
373	373	(a) The department shall publish informational materials
374	374	that include:
375	375	(1) the information required to be provided under
376	376	Sections 171.012(a)(1)(B), [and] (D), and (E) and (a)(2)(A), (B),
377	377	and (C); and
378	378	(2) the materials required by Sections 161.703,
379	379	171.015, and 171.016.
380	380	SECTION 9. Section 171.042, Health and Safety Code, is
381	381	amended to read as follows:
382	382	Sec. 171.042. DEFINITION [DEFINITIONS]. In this
383	383	subchapter, [:
384	384	[(1)] "post-fertilization [Post-fertilization] age"
385	385	means the age of the unborn child as calculated from the fusion of a
386	386	human spermatozoon with a human ovum.
387	387	[(2) "Severe fetal abnormality" has the meaning
388	388	assigned by Section 285.202.]
389	389	SECTION 10. Section 285.202(a), Health and Safety Code, is
390	390	amended to read as follows:
391	391	(a) In this section, "medical emergency" means[:
392	392	[(1)] a condition exists that, in a physician's good
393	393	faith clinical judgment, complicates the medical condition of the
394	394	pregnant woman and necessitates the immediate abortion of her
395	395	pregnancy to avert her death or to avoid a serious risk of
396	396	substantial impairment of a major bodily function[; or
397	397	[(2) the fetus has a severe fetal abnormality].
398	398	SECTION 11. Section 164.052(a), Occupations Code, is
399	399	amended to read as follows:
400	400	(a) A physician or an applicant for a license to practice
401	401	medicine commits a prohibited practice if that person:
402	402	(1) submits to the board a false or misleading
403	403	statement, document, or certificate in an application for a
404	404	license;
405	405	(2) presents to the board a license, certificate, or
406	406	diploma that was illegally or fraudulently obtained;
407	407	(3) commits fraud or deception in taking or passing an
408	408	examination;
409	409	(4) uses alcohol or drugs in an intemperate manner
410	410	that, in the board's opinion, could endanger a patient's life;
411	411	(5) commits unprofessional or dishonorable conduct
412	412	that is likely to deceive or defraud the public, as provided by
413	413	Section 164.053, or injure the public;
414	414	(6) uses an advertising statement that is false,
415	415	misleading, or deceptive;
416	416	(7) advertises professional superiority or the
417	417	performance of professional service in a superior manner if that
418	418	advertising is not readily subject to verification;
419	419	(8) purchases, sells, barters, or uses, or offers to
420	420	purchase, sell, barter, or use, a medical degree, license,
421	421	certificate, or diploma, or a transcript of a license, certificate,
422	422	or diploma in or incident to an application to the board for a
423	423	license to practice medicine;
424	424	(9) alters, with fraudulent intent, a medical license,
425	425	certificate, or diploma, or a transcript of a medical license,
426	426	certificate, or diploma;
427	427	(10) uses a medical license, certificate, or diploma,
428	428	or a transcript of a medical license, certificate, or diploma that
429	429	has been:
430	430	(A) fraudulently purchased or issued;
431	431	(B) counterfeited; or
432	432	(C) materially altered;
433	433	(11) impersonates or acts as proxy for another person
434	434	in an examination required by this subtitle for a medical license;
435	435	(12) engages in conduct that subverts or attempts to
436	436	subvert an examination process required by this subtitle for a
437	437	medical license;
438	438	(13) impersonates a physician or permits another to
439	439	use the person's license or certificate to practice medicine in
440	440	this state;
441	441	(14) directly or indirectly employs a person whose
442	442	license to practice medicine has been suspended, canceled, or
443	443	revoked;
444	444	(15) associates in the practice of medicine with a
445	445	person:
446	446	(A) whose license to practice medicine has been
447	447	suspended, canceled, or revoked; or
448	448	(B) who has been convicted of the unlawful
449	449	practice of medicine in this state or elsewhere;
450	450	(16) performs or procures a criminal abortion, aids or
451	451	abets in the procuring of a criminal abortion, attempts to perform
452	452	or procure a criminal abortion, or attempts to aid or abet the
453	453	performance or procurement of a criminal abortion;
454	454	(17) directly or indirectly aids or abets the practice
455	455	of medicine by a person, partnership, association, or corporation
456	456	that is not licensed to practice medicine by the board;
457	457	(18) performs an abortion on a woman who is pregnant
458	458	with a viable unborn child during the third trimester of the
459	459	pregnancy unless:
460	460	(A) the abortion is necessary to prevent the
461	461	death of the woman;
462	462	(B) the viable unborn child has a severe,
463	463	irreversible brain impairment; or
464	464	(C) the woman is diagnosed with a significant
465	465	likelihood of suffering imminent severe, irreversible brain damage
466	466	or imminent severe, irreversible paralysis;
467	467	(19) performs an abortion on an unemancipated minor
468	468	without the written consent of the child's parent, managing
469	469	conservator, or legal guardian or without a court order, as
470	470	provided by Section 33.003 or 33.004, Family Code, unless the
471	471	abortion is necessary due to a medical emergency, as defined by
472	472	Section 171.002, Health and Safety Code;
473	473	(20) otherwise performs an abortion on an
474	474	unemancipated minor in violation of Chapter 33, Family Code; [or]
475	475	(21) performs or induces or attempts to perform or
476	476	induce an abortion in violation of Subchapter C, Chapter 171,
477	477	Health and Safety Code; or
478	478	(22) performs or attempts to perform an abortion or
479	479	engages in other conduct in violation of Section 170.052, Health
480	480	and Safety Code.
481	481	SECTION 12. Section 164.055(b), Occupations Code, is
482	482	amended to read as follows:
483	483	(b) The sanctions provided by Subsection (a) are in addition
484	484	to any other grounds for refusal to admit persons to examination
485	485	under this subtitle or to issue a license or renew a license to
486	486	practice medicine under this subtitle. The criminal penalties
487	487	provided by Section 165.152 do not apply to a violation of Section
488	488	170.002 or 170.052, Health and Safety Code, or Subchapter C,
489	489	Chapter 171, Health and Safety Code.
490	490	SECTION 13. Sections 171.046(c) and 285.202(a-1) and (a-2),
491	491	Health and Safety Code, are repealed.
492	492	SECTION 14. Not later than December 1, 2017:
493	493	(1) the Department of State Health Services shall:
494	494	(A) develop the perinatal hospice care
495	495	informational materials, list of perinatal hospice care providers
496	496	and programs, and perinatal hospice care certification form
497	497	required by Subchapter X, Chapter 161, Health and Safety Code, as
498	498	added by this Act; and
499	499	(B) update any forms and informational materials
500	500	under Subchapter B, Chapter 171, Health and Safety Code, as amended
501	501	by this Act; and
502	502	(2) the executive commissioner of the Health and Human
503	503	Services Commission shall adopt any rules necessary to implement
504	504	Subchapter X, Chapter 161, Health and Safety Code, as added by this
505	505	Act and Subchapter B, Chapter 171, Health and Safety Code, as
506	506	amended by this Act.
507	507	SECTION 15. (a) Subchapter X, Chapter 161, Health and
508	508	Safety Code, as added by this Act, applies only to a diagnosis of a
509	509	life-threatening disability of a pregnant woman's unborn child made
510	510	on or after January 1, 2018.
511	511	(b) The changes in law made by this Act to Chapters 170 and
512	512	171, Health and Safety Code, and Chapter 164, Occupations Code,
513	513	apply only to an abortion performed or other conduct that occurred
514	514	on or after January 1, 2018. An abortion performed or other conduct
515	515	that occurred before that date is governed by the law in effect
516	516	immediately before the effective date of this Act, and that law is
517	517	continued in effect for that purpose.
518	518	SECTION 16. This Act takes effect September 1, 2017.