Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB87 Compare Versions

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

Old	New	Differences
1	1	85S11059 AJZ-F
2	2	By: Hughes S.B. No. 87
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reporting and certification requirements by certain
8	8	physicians regarding certain abortions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 170.002(c), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(c) A physician who performs an abortion that, according to
13	13	the physician's best medical judgment at the time of the abortion,
14	14	is to abort a viable unborn child during the third trimester of the
15	15	pregnancy shall certify in writing to the commission [department],
16	16	on a form prescribed by the commission [department], the medical
17	17	indications supporting the physician's judgment that the abortion
18	18	was authorized by Subsection (b)(2) or (3). If the physician
19	19	certifies the abortion was authorized by Subsection (b)(3), the
20	20	physician shall certify in writing on the form the fetal
21	21	abnormality identified by the physician. The certification must be
22	22	made not later than the 30th day after the date the abortion was
23	23	performed.
24	24	SECTION 2. Subchapter A, Chapter 171, Health and Safety
25	25	Code, is amended by adding Section 171.006 to read as follows:
26	26	Sec. 171.006. REPORTING REQUIREMENTS FOR ABORTIONS
27	27	PERFORMED ON WOMEN YOUNGER THAN 18 YEARS OF AGE. For each abortion
28	28	performed on a woman who is younger than 18 years of age, the
29	29	physician who performed the abortion shall document in the woman's
30	30	medical record and report to the commission:
31	31	(1) one of the following methods for obtaining
32	32	authorization for the abortion:
33	33	(A) the woman's parent, managing conservator, or
34	34	legal guardian provided the written consent required by Section
35	35	164.052(a)(19), Occupations Code;
36	36	(B) the woman obtained judicial authorization
37	37	under Section 33.003 or 33.004, Family Code;
38	38	(C) the woman consented to the abortion if the
39	39	woman has had the disabilities of minority removed and is
40	40	authorized under law to have the abortion without the written
41	41	consent required by Section 164.052(a)(19), Occupations Code, or
42	42	without judicial authorization under Section 33.003 or 33.004,
43	43	Family Code; or
44	44	(D) the physician concluded and documented in
45	45	writing in the woman's medical record that on the basis of the
46	46	physician's good faith clinical judgment:
47	47	(i) a condition existed that complicated
48	48	the medical condition of the woman and necessitated the immediate
49	49	abortion of the woman's pregnancy to avert the woman's death or to
50	50	avoid a serious risk of substantial impairment of a major bodily
51	51	function; and
52	52	(ii) there was insufficient time to obtain
53	53	the consent of the woman's parent, managing conservator, or legal
54	54	guardian;
55	55	(2) if the woman's parent, managing conservator, or
56	56	legal guardian provided the written consent described by
57	57	Subdivision (1)(A), whether the consent was given:
58	58	(A) in person at the location where the abortion
59	59	was performed; or
60	60	(B) at a place other than the location where the
61	61	abortion was performed; and
62	62	(3) if the woman obtained the judicial authorization
63	63	described by Subdivision (1)(B):
64	64	(A) if applicable, the process the physician or
65	65	physician's agent used to inform the woman of the availability of
66	66	petitioning for judicial authorization as an alternative to the
67	67	written consent required by Section 164.052(a)(19), Occupations
68	68	Code;
69	69	(B) whether the court forms were provided to the
70	70	woman by the physician or the physician's agent; and
71	71	(C) whether the physician or the physician's
72	72	agent made arrangements for the woman's court appearance.
73	73	SECTION 3. Section 170.002, Health and Safety Code, as
74	74	amended by this Act, and Section 171.006, Health and Safety Code, as
75	75	added by this Act, apply only to an abortion performed on or after
76	76	December 1, 2017. An abortion performed before December 1, 2017, is
77	77	governed by the law applicable to the abortion immediately before
78	78	the effective date of this Act, and that law is continued in effect
79	79	for that purpose.
80	80	SECTION 4. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect on the 91st day after the last day of the
85	85	legislative session.