Texas 2017 - 85th 1st C.S.

Texas House Bill HB215 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 215
	1	+	By: Murphy, et al. (Senate Sponsor - Hughes) H.B. No. 215
	2	+	(In the Senate - Received from the House August 7, 2017;
	3	+	August 11, 2017, read first time and referred to Committee on
	4	+	Health & Human Services; August 12, 2017, reported favorably by the
	5	+	following vote: Yeas 5, Nays 2; August 12, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to reporting and certification requirements by certain
6	12		physicians regarding certain abortions.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 170.002(c), Health and Safety Code, is
9	15		amended to read as follows:
10	16		(c) A physician who performs an abortion that, according to
11	17		the physician's best medical judgment at the time of the abortion,
12	18		is to abort a viable unborn child during the third trimester of the
13	19		pregnancy shall certify in writing to the commission [department],
14	20		on a form prescribed by the commission [department], the medical
15	21		indications supporting the physician's judgment that the abortion
16	22		was authorized by Subsection (b)(2) or (3). If the physician
17	23		certifies the abortion was authorized by Subsection (b)(3), the
18	24		physician shall certify in writing on the form the fetal
19	25		abnormality identified by the physician. The certification must be
20	26		made not later than the 30th day after the date the abortion was
21	27		performed.
22	28		SECTION 2. Subchapter A, Chapter 171, Health and Safety
23	29		Code, is amended by adding Section 171.006 to read as follows:
24	30		Sec. 171.006. REPORTING REQUIREMENTS FOR ABORTIONS
25	31		PERFORMED ON WOMEN YOUNGER THAN 18 YEARS OF AGE. (a) For each
26	32		abortion performed on a woman who is younger than 18 years of age,
27	33		the physician who performed the abortion shall document in the
28	34		woman's medical record and report to the commission in the report
29	35		required under Section 245.011:
30	36		(1) one of the following methods for obtaining
31	37		authorization for the abortion:
32	38		(A) the woman's parent, managing conservator, or
33	39		legal guardian provided the written consent required by Section
34	40		164.052(a)(19), Occupations Code;
35	41		(B) the woman obtained judicial authorization
36	42		under Section 33.003 or 33.004, Family Code;
37	43		(C) the woman consented to the abortion if the
38	44		woman has had the disabilities of minority removed and is
39	45		authorized under law to have the abortion without the written
40	46		consent required by Section 164.052(a)(19), Occupations Code, or
41	47		without judicial authorization under Section 33.003 or 33.004,
42	48		Family Code; or
43	49		(D) the physician concluded and documented in
44	50		writing in the woman's medical record that on the basis of the
45	51		physician's good faith clinical judgment:
46	52		(i) a condition existed that complicated
47	53		the medical condition of the woman and necessitated the immediate
48	54		abortion of the woman's pregnancy to avert the woman's death or to
49	55		avoid a serious risk of substantial impairment of a major bodily
50	56		function; and
51	57		(ii) there was insufficient time to obtain
52	58		the consent of the woman's parent, managing conservator, or legal
53	59		guardian;
54	60		(2) if the woman's parent, managing conservator, or
55	61		legal guardian provided the written consent described by
56	62		Subdivision (1)(A), whether the consent was given:
57	63		(A) in person at the location where the abortion
58	64		was performed; or
59	65		(B) at a place other than the location where the
60	66		abortion was performed; and
61	67		(3) if the woman obtained the judicial authorization
62	68		described by Subdivision (1)(B):
63	69		(A) if applicable, the process the physician or
64	70		physician's agent used to inform the woman of the availability of
65	71		petitioning for judicial authorization as an alternative to the
66	72		written consent required by Section 164.052(a)(19), Occupations
67	73		Code;
68	74		(B) whether the court forms were provided to the
69	75		woman by the physician or the physician's agent;
70	76		(C) whether the physician or the physician's
71	77		agent made arrangements for the woman's court appearance; and
72	78		(D) if known, whether the woman became pregnant
73	79		while in foster care or in the managing conservatorship of the
74	80		Department of Family and Protective Services.
75	81		(b) Except as provided by Section 245.023, all information
76	82		and records held by the commission under this section are
77	83		confidential and are not open records for the purposes of Chapter
78	84		552, Government Code. That information may not be released or made
79	85		public on subpoena or otherwise, except release may be made:
80	86		(1) for statistical purposes, but only if a person,
81	87		patient, or health care facility is not identified;
82	88		(2) with the consent of each person, patient, and
83	89		facility identified in the information released;
84	90		(3) to appropriate state agencies or county and
85	91		district courts to enforce this chapter;
86	92		(4) to appropriate state licensing boards to enforce
87	93		state licensing laws; or
88	94		(5) to licensed medical or health care personnel
89	95		currently treating the patient.
90	96		(c) Any information released by the commission may not
91	97		identify by any means the county in which a minor obtained judicial
92	98		authorization for an abortion under Chapter 33, Family Code.
93	99		SECTION 3. Section 170.002, Health and Safety Code, as
94	100		amended by this Act, and Section 171.006, Health and Safety Code, as
95	101		added by this Act, apply only to an abortion performed on or after
96	102		December 1, 2017. An abortion performed before December 1, 2017, is
97	103		governed by the law applicable to the abortion immediately before
98	104		the effective date of this Act, and that law is continued in effect
99	105		for that purpose.
100	106		SECTION 4. This Act takes effect immediately if it receives
101	107		a vote of two-thirds of all the members elected to each house, as
102	108		provided by Section 39, Article III, Texas Constitution. If this
103	109		Act does not receive the vote necessary for immediate effect, this
104	110		Act takes effect on the 91st day after the last day of the
105	111		legislative session.
106		-	______________________________ ______________________________
107		-	President of the Senate Speaker of the House
108		-	I certify that H.B. No. 215 was passed by the House on August
109		-	4, 2017, by the following vote: Yeas 97, Nays 46, 1 present, not
110		-	voting.
111		-	______________________________
112		-	Chief Clerk of the House
113		-	I certify that H.B. No. 215 was passed by the Senate on August
114		-	15, 2017, by the following vote: Yeas 22, Nays 9.
115		-	______________________________
116		-	Secretary of the Senate
117		-	APPROVED: _____________________
118		-	Date
119		-	_____________________
120		-	Governor
	112	+	* * * * *