Texas 2017 - 85th Regular

Texas Senate Bill SB1632 Compare Versions

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

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1	1	By: Rodríguez S.B. No. 1632
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the Whole Woman's Health Act.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. (a) This Act shall be known as the Whole Woman's
9	9	Health Act.
10	10	(b) The legislature finds that:
11	11	(1) comprehensive reproductive health care, including
12	12	safe abortion, is a vital component of a woman's overall health and
13	13	of her social and economic equality;
14	14	(2) abortion is one of the safest medical procedures
15	15	in the United States, as demonstrated by available data, including
16	16	from the federal Centers for Disease Control and Prevention,
17	17	showing abortion has a more than 99 percent safety record;
18	18	(3) any regulation of medical care must have a
19	19	legitimate purpose and advance the goals of improving the quality
20	20	of care and increasing access to care;
21	21	(4) the United States Supreme Court held more than 40
22	22	years ago in Roe v. Wade that access to an abortion is a
23	23	constitutional right and that states may not prohibit abortion
24	24	before viability;
25	25	(5) the right to an abortion has been upheld multiple
26	26	times by the United States Supreme Court, including in the 1992 case
27	27	Planned Parenthood v. Casey and most recently in the landmark
28	28	decision Whole Woman's Health v. Hellerstedt;
29	29	(6) in Whole Woman's Health, the court held that the
30	30	United States Constitution "requires that courts consider the
31	31	burdens a law imposes on abortion access together with the benefits
32	32	those laws confer";
33	33	(7) in Whole Woman's Health, the court further held
34	34	that courts, "when determining the constitutionality of laws
35	35	regulating abortion procedures," must place "considerable weight
36	36	upon evidence . . . presented";
37	37	(8) applying the standard described in Subdivision (7)
38	38	of this section in Whole Woman's Health, the court struck down two
39	39	provisions of Chapter 1 (H.B. 2), Acts of the 83rd Legislature, 2nd
40	40	Called Session, 2013, that were designed to close abortion clinics
41	41	in the state and that the court concluded provided few, if any,
42	42	health benefits for women;
43	43	(9) Justice Ruth Bader Ginsburg concluded in Whole
44	44	Woman's Health given the safety of abortion, "it is beyond rational
45	45	belief that H.B. 2 could genuinely protect the health of women, and
46	46	certain that the law 'would simply make it more difficult for them
47	47	to obtain abortions'";
48	48	(10) Justice Ruth Bader Ginsburg also observed
49	49	abortion restrictions that "'do little or nothing for health, but
50	50	rather strew impediments to abortion' . . . cannot survive judicial
51	51	inspection";
52	52	(11) according to the American College of
53	53	Obstetricians and Gynecologists, American Medical Association,
54	54	American Academy of Family Physicians, and American Osteopathic
55	55	Association, which are leading public health organizations and
56	56	amici curiae for the petitioners in Whole Woman's Health,
57	57	"[w]omen's access to high-quality, evidence-based abortion should
58	58	not be limited by laws enacted under the guise of patient safety but
59	59	that, in fact, harm women's health"; and
60	60	(12) the 334 restrictions on abortion providers and
61	61	their patients adopted nationally since 2011 and the 13 onerous
62	62	restrictions enacted in this state based on pretextual reasons are
63	63	just a systematic attempt to eliminate access to safe and legal
64	64	medical care.
65	65	(c) In accordance with the United States Constitution, it is
66	66	the intent of the legislature to prevent the enforcement of laws or
67	67	regulations that burden abortion access and do not provide
68	68	legitimate health benefits.
69	69	SECTION 2. The heading to Chapter 170, Health and Safety
70	70	Code, is amended to read as follows:
71	71	CHAPTER 170. PROHIBITED ACTS REGARDING ABORTION AND RIGHT TO
72	72	ABORTION
73	73	SECTION 3. Chapter 170, Health and Safety Code, is amended
74	74	by adding Sections 170.003 and 170.004 to read as follows:
75	75	Sec. 170.003. RIGHT TO ABORTION. Every woman in this state
76	76	has the fundamental right to choose to obtain a safe and legal
77	77	abortion. This state or a political subdivision of this state may
78	78	not prohibit a woman from obtaining an abortion at any time
79	79	throughout her pregnancy if the termination is necessary, in the
80	80	professional judgment of a physician, to protect the woman's life
81	81	or health.
82	82	Sec. 170.004. PROHIBITED ABORTION LAWS; CIVIL ACTION;
83	83	WAIVER OF IMMUNITY. (a) Notwithstanding any other law, this state
84	84	or a political subdivision of this state may not enforce a law on
85	85	abortion that places a burden on a woman's access to abortion and
86	86	does not confer any legitimate health benefit to the woman.
87	87	(b) For purposes of Subsection (a), a law places a burden on
88	88	access to abortion if the law:
89	89	(1) forces abortion providers to close;
90	90	(2) increases the time a woman is required to wait to
91	91	have an abortion;
92	92	(3) requires a meaningful increase in the distance a
93	93	woman is required to travel to access care;
94	94	(4) requires medically unnecessary visits to a health
95	95	care facility;
96	96	(5) requires a health care provider to perform a
97	97	medical or health care service the provider would not otherwise
98	98	perform;
99	99	(6) increases the risk to a woman's health;
100	100	(7) causes a meaningful increase in the cost of an
101	101	abortion procedure;
102	102	(8) is enacted solely for the purpose of stigmatizing
103	103	abortion patients and abortion providers; or
104	104	(9) has as its sole purpose or effect decreasing or
105	105	eliminating access to abortion.
106	106	(c) For purposes of Subsection (a), a law confers a
107	107	legitimate health benefit if the law:
108	108	(1) expands a woman's access to medical or health care
109	109	services; or
110	110	(2) increases an abortion patient's safety according
111	111	to evidence-based research.
112	112	(d) A person who is aggrieved by this state's or a political
113	113	subdivision's violation of Subsection (a) may bring a civil action
114	114	against this state or the political subdivision for injunctive
115	115	relief and damages incurred as a result of the violation. Sovereign
116	116	immunity of this state and governmental immunity of the political
117	117	subdivision from suit and to liability are waived and abolished to
118	118	the extent of liability created under this subsection.
119	119	SECTION 4. Section 171.003, Health and Safety Code, is
120	120	amended to read as follows:
121	121	Sec. 171.003. PERSONS WHO MAY [PHYSICIAN TO] PERFORM
122	122	ABORTION. An abortion may be performed only by:
123	123	(1) a physician licensed to practice medicine in this
124	124	state;
125	125	(2) a nurse licensed under Subtitle E, Title 3,
126	126	Occupations Code, that is operating within the nurse's scope of
127	127	practice; or
128	128	(3) a physician assistant licensed under Chapter 204,
129	129	Occupations Code, that is operating within the physician
130	130	assistant's scope of practice.
131	131	SECTION 5. The heading to Section 245.010, Health and
132	132	Safety Code, is amended to read as follows:
133	133	Sec. 245.010. PERSONS WHO MAY PERFORM ABORTION [MINIMUM
134	134	STANDARDS].
135	135	SECTION 6. Section 245.010(b), Health and Safety Code, is
136	136	amended to read as follows:
137	137	(b) Only a physician as defined by Subtitle B, Title 3,
138	138	Occupations Code, a nurse licensed under Subtitle E, Title 3,
139	139	Occupations Code, that is operating within the nurse's scope of
140	140	practice, or a physician assistant licensed under Chapter 204,
141	141	Occupations Code, that is operating within the physician
142	142	assistant's scope of practice may perform an abortion.
143	143	SECTION 7. Section 164.052(a), Occupations Code, is amended
144	144	to read as follows:
145	145	(a) A physician or an applicant for a license to practice
146	146	medicine commits a prohibited practice if that person:
147	147	(1) submits to the board a false or misleading
148	148	statement, document, or certificate in an application for a
149	149	license;
150	150	(2) presents to the board a license, certificate, or
151	151	diploma that was illegally or fraudulently obtained;
152	152	(3) commits fraud or deception in taking or passing an
153	153	examination;
154	154	(4) uses alcohol or drugs in an intemperate manner
155	155	that, in the board's opinion, could endanger a patient's life;
156	156	(5) commits unprofessional or dishonorable conduct
157	157	that is likely to deceive or defraud the public, as provided by
158	158	Section 164.053, or injure the public;
159	159	(6) uses an advertising statement that is false,
160	160	misleading, or deceptive;
161	161	(7) advertises professional superiority or the
162	162	performance of professional service in a superior manner if that
163	163	advertising is not readily subject to verification;
164	164	(8) purchases, sells, barters, or uses, or offers to
165	165	purchase, sell, barter, or use, a medical degree, license,
166	166	certificate, or diploma, or a transcript of a license, certificate,
167	167	or diploma in or incident to an application to the board for a
168	168	license to practice medicine;
169	169	(9) alters, with fraudulent intent, a medical license,
170	170	certificate, or diploma, or a transcript of a medical license,
171	171	certificate, or diploma;
172	172	(10) uses a medical license, certificate, or diploma,
173	173	or a transcript of a medical license, certificate, or diploma that
174	174	has been:
175	175	(A) fraudulently purchased or issued;
176	176	(B) counterfeited; or
177	177	(C) materially altered;
178	178	(11) impersonates or acts as proxy for another person
179	179	in an examination required by this subtitle for a medical license;
180	180	(12) engages in conduct that subverts or attempts to
181	181	subvert an examination process required by this subtitle for a
182	182	medical license;
183	183	(13) impersonates a physician or permits another to
184	184	use the person's license or certificate to practice medicine in
185	185	this state;
186	186	(14) directly or indirectly employs a person whose
187	187	license to practice medicine has been suspended, canceled, or
188	188	revoked;
189	189	(15) associates in the practice of medicine with a
190	190	person:
191	191	(A) whose license to practice medicine has been
192	192	suspended, canceled, or revoked; or
193	193	(B) who has been convicted of the unlawful
194	194	practice of medicine in this state or elsewhere;
195	195	(16) performs or procures a criminal abortion, aids or
196	196	abets in the procuring of a criminal abortion, attempts to perform
197	197	or procure a criminal abortion, or attempts to aid or abet the
198	198	performance or procurement of a criminal abortion;
199	199	(17) directly or indirectly aids or abets the practice
200	200	of medicine by a person, partnership, association, or corporation
201	201	that is not licensed to practice medicine by the board;
202	202	(18) performs an abortion on a woman who is pregnant
203	203	with a viable unborn child during the third trimester of the
204	204	pregnancy unless:
205	205	(A) the abortion is necessary to protect the
206	206	health or prevent the death of the woman;
207	207	(B) the viable unborn child has a severe,
208	208	irreversible brain impairment; or
209	209	(C) the woman is diagnosed with a significant
210	210	likelihood of suffering imminent severe, irreversible brain damage
211	211	or imminent severe, irreversible paralysis;
212	212	(19) performs an abortion on an unemancipated minor
213	213	without the written consent of the child's parent, managing
214	214	conservator, or legal guardian or without a court order, as
215	215	provided by Section 33.003 or 33.004, Family Code, unless the
216	216	abortion is necessary due to a medical emergency, as defined by
217	217	Section 171.002, Health and Safety Code; or
218	218	(20) otherwise performs an abortion on an
219	219	unemancipated minor in violation of Chapter 33, Family Code[; or
220	220	[(21) performs or induces or attempts to perform or
221	221	induce an abortion in violation of Subchapter C, Chapter 171,
222	222	Health and Safety Code].
223	223	SECTION 8. Section 164.055(b), Occupations Code, is amended
224	224	to read as follows:
225	225	(b) The sanctions provided by Subsection (a) are in addition
226	226	to any other grounds for refusal to admit persons to examination
227	227	under this subtitle or to issue a license or renew a license to
228	228	practice medicine under this subtitle. The criminal penalties
229	229	provided by Section 165.152 do not apply to a violation of Section
230	230	170.002 [or Subchapter C, Chapter 171], Health and Safety Code.
231	231	SECTION 9. The following provisions are repealed:
232	232	(1) Section 32.005, Health and Safety Code;
233	233	(2) Sections 171.0031, 171.004, 171.012, 171.0121,
234	234	171.0122, 171.0123, 171.013, 171.014, 171.015, 171.016, 171.017,
235	235	and 171.018, Health and Safety Code;
236	236	(3) Subchapters C and D, Chapter 171, Health and
237	237	Safety Code;
238	238	(4) Sections 241.007, 243.017, 245.010(a), and
239	239	245.024, Health and Safety Code; and
240	240	(5) Section 164.0551, Occupations Code.
241	241	SECTION 10. The changes in law made by this Act apply only
242	242	to an abortion performed on or after the effective date of this Act.
243	243	An abortion performed before the effective date of this Act is
244	244	governed by the law applicable to the abortion immediately before
245	245	the effective date of this Act, and that law is continued in effect
246	246	for that purpose.
247	247	SECTION 11. This Act takes effect immediately if it
248	248	receives a vote of two-thirds of all the members elected to each
249	249	house, as provided by Section 39, Article III, Texas Constitution.
250	250	If this Act does not receive the vote necessary for immediate
251	251	effect, this Act takes effect September 1, 2017.