Texas 2019 - 86th Regular

Texas House Bill HB2434 Compare Versions

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

Old	New	Differences
1	1	86R7112 LED-F
2	2	By: Schaefer H.B. No. 2434
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to information regarding perinatal palliative care and
8	8	prohibiting discriminatory abortions; creating an administrative
9	9	penalty, a civil remedy, and a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Preborn
12	12	Nondiscrimination Act.
13	13	SECTION 2. The legislature finds that:
14	14	(1) Texas has a compelling state interest in
15	15	protecting all Texans from discrimination based on sex, race, and
16	16	disability; and
17	17	(2) Texas enforces prohibitions against
18	18	discrimination based on sex, race, and disability in various areas,
19	19	including housing, employment, education, insurance, and health
20	20	program and service provision.
21	21	SECTION 3. Chapter 161, Health and Safety Code, is amended
22	22	by adding Subchapter X to read as follows:
23	23	SUBCHAPTER X. PERINATAL PALLIATIVE CARE
24	24	Sec. 161.701. PURPOSE OF SUBCHAPTER. The purpose of this
25	25	subchapter is to ensure that:
26	26	(1) a pregnant woman who receives a diagnosis of a
27	27	life-threatening disability of the woman's preborn child is
28	28	informed of the availability of perinatal palliative care; and
29	29	(2) a pregnant woman who chooses abortion after
30	30	receiving a diagnosis of a life-threatening disability of the
31	31	woman's preborn child makes a fully informed decision.
32	32	Sec. 161.702. DEFINITION. In this subchapter, "perinatal
33	33	palliative care" means the provision of comprehensive, supportive
34	34	care to reduce the suffering of a pregnant woman, her preborn child,
35	35	and her family, from diagnosis of the preborn child's
36	36	life-threatening disability through the delivery and possible
37	37	death of the child as a result of the life-threatening disability.
38	38	The term includes medical, social, and mental health care,
39	39	including counseling and health care provided by maternal-fetal
40	40	medical specialists, obstetricians, neonatologists, anesthesia
41	41	specialists, specialty nurses, clergy, social workers, and other
42	42	individuals focused on alleviating fear and pain and ensuring the
43	43	pregnant woman, her preborn child, and her family experience a
44	44	supportive environment.
45	45	Sec. 161.703. PERINATAL PALLIATIVE CARE INFORMATIONAL
46	46	MATERIALS. (a) The commission shall develop perinatal palliative
47	47	care informational materials and post the materials on the
48	48	commission's Internet website. The materials must include:
49	49	(1) a description of the health care and other
50	50	services available through perinatal palliative care; and
51	51	(2) information about medical assistance benefits
52	52	that may be available for prenatal care, childbirth, and perinatal
53	53	palliative care.
54	54	(b) The commission shall develop, regularly update, and
55	55	publish a geographically indexed list of all perinatal palliative
56	56	care providers and programs in this state. The commission may
57	57	include perinatal palliative care providers and programs in other
58	58	states that provide care to residents of this state but may not
59	59	include an abortion provider, as defined by Section 171.002. The
60	60	commission shall post the list of perinatal palliative care
61	61	providers and programs, including contact information, on the
62	62	commission's Internet website and note the providers and programs
63	63	that provide services free of charge.
64	64	Sec. 161.704. PERINATAL PALLIATIVE CARE CERTIFICATION
65	65	FORM. The commission shall develop a form on which a pregnant woman
66	66	certifies that she has received the perinatal palliative care
67	67	informational materials and list of the perinatal palliative care
68	68	providers and programs described by Section 161.703.
69	69	Sec. 161.705. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF
70	70	PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care
71	71	provider who diagnoses a pregnant woman's preborn child as having a
72	72	life-threatening disability shall, at the time of the diagnosis:
73	73	(1) provide the pregnant woman with a written copy of:
74	74	(A) the perinatal palliative care informational
75	75	materials and list of the perinatal palliative care providers and
76	76	programs described by Section 161.703; and
77	77	(B) the perinatal palliative care certification
78	78	form described by Section 161.704; and
79	79	(2) obtain from the pregnant woman the signed
80	80	perinatal palliative care certification form and place the form in
81	81	the pregnant woman's medical records.
82	82	Sec. 161.706. EXCEPTION. (a) A health care provider is not
83	83	required to provide the perinatal palliative care informational
84	84	materials or perinatal palliative care certification form under
85	85	this subchapter if the health care provider verifies the pregnant
86	86	woman's medical record contains a signed perinatal palliative care
87	87	certification form for that pregnancy as required under Section
88	88	161.705(2).
89	89	(b) This section does not affect a health care provider's
90	90	duty to provide the perinatal palliative care informational
91	91	materials or perinatal palliative care certification form
92	92	described by this subchapter as required under Subchapter B,
93	93	Chapter 171.
94	94	SECTION 4. Chapter 170, Health and Safety Code, is amended
95	95	by designating Sections 170.001 and 170.002 as Subchapter A and
96	96	adding a subchapter heading to read as follows:
97	97	SUBCHAPTER A. GENERAL PROVISIONS; POST-VIABILITY ABORTION
98	98	PROHIBITED
99	99	SECTION 5. Section 170.001(3), Health and Safety Code, is
100	100	amended to read as follows:
101	101	(3) "Viable" means the stage of fetal development
102	102	when, in the medical judgment of the attending physician based on
103	103	the particular facts of the case, a preborn [an unborn] child
104	104	possesses the capacity to live outside its mother's womb after its
105	105	premature birth from any cause. The term does not include a fetus
106	106	whose biparietal diameter is less than 60 millimeters.
107	107	SECTION 6. Section 170.002, Health and Safety Code, is
108	108	amended to read as follows:
109	109	Sec. 170.002. PROHIBITED ACTS; EXEMPTION. (a) Except as
110	110	provided by Subsection (b), a person may not intentionally or
111	111	knowingly perform an abortion on a woman who is pregnant with a
112	112	viable preborn [unborn] child during the third trimester of the
113	113	pregnancy.
114	114	(b) Subsection (a) does not prohibit a person from
115	115	performing an abortion if at the time of the abortion the person is
116	116	a physician and concludes in good faith according to the
117	117	physician's best medical judgment that[:
118	118	[(1) the fetus is not a viable fetus and the pregnancy
119	119	is not in the third trimester;
120	120	[(2)] the abortion is necessary due to a medical
121	121	emergency, as defined by Section 171.002 [to prevent the death or a
122	122	substantial risk of serious impairment to the physical or mental
123	123	health of the woman; or
124	124	[(3) the fetus has a severe and irreversible
125	125	abnormality, identified by reliable diagnostic procedures].
126	126	(c) A physician who performs an abortion that, according to
127	127	the physician's best medical judgment at the time of the abortion,
128	128	is to abort a viable preborn [unborn] child during the third
129	129	trimester of the pregnancy shall certify in writing to the
130	130	commission, on a form prescribed by the commission, the medical
131	131	indications supporting the physician's judgment that the abortion
132	132	was authorized by Subsection (b) [(b)(2) or (3). If the physician
133	133	certifies the abortion was authorized by Subsection (b)(3), the
134	134	physician shall certify in writing on the form the fetal
135	135	abnormality identified by the physician]. The certification must
136	136	be made not later than the 30th day after the date the abortion was
137	137	performed.
138	138	SECTION 7. Chapter 170, Health and Safety Code, is amended
139	139	by adding Subchapter B to read as follows:
140	140	SUBCHAPTER B. DISCRIMINATORY ABORTION PROHIBITED
141	141	Sec. 170.051. DEFINITION. In this subchapter, "disability"
142	142	means:
143	143	(1) having a physical or mental impairment that would
144	144	substantially limit one or more of an individual's major life
145	145	activities;
146	146	(2) an assessment referencing an individual's
147	147	impairment described by Subdivision (1); or
148	148	(3) a physical disfigurement, scoliosis, dwarfism,
149	149	Down syndrome, albinism, amelia, or any other type of physical,
150	150	mental, or intellectual abnormality or disease.
151	151	Sec. 170.052. DISCRIMINATORY ABORTION. A person may not:
152	152	(1) knowingly perform or attempt to perform on a
153	153	pregnant woman an abortion based on the race, ethnicity, sex, or
154	154	probability of diagnosis of or of having a disability of the woman's
155	155	preborn child; or
156	156	(2) use force or the threat of force to intentionally
157	157	injure or intimidate a person in order to coerce the performance or
158	158	attempted performance of an abortion based on the race, ethnicity,
159	159	sex, or probability of diagnosis of or of having a disability of the
160	160	woman's preborn child.
161	161	Sec. 170.053. CRIMINAL PENALTY. (a) A person who violates
162	162	Section 170.052 commits an offense. An offense under this
163	163	subsection is a Class A misdemeanor.
164	164	(b) A woman on whom an abortion is performed or attempted in
165	165	violation of Section 170.052 may not be prosecuted for a violation
166	166	of that section or for conspiracy to commit a violation of that
167	167	section.
168	168	Sec. 170.054. ADMINISTRATIVE PENALTY. A physician who
169	169	violates Section 170.052 engages in unprofessional conduct for
170	170	which the physician's license may be suspended or revoked under
171	171	Chapter 164, Occupations Code.
172	172	Sec. 170.055. CIVIL REMEDIES. (a) A civil action may be
173	173	brought against a person who violates Section 170.052 by:
174	174	(1) the woman on whom an abortion was performed or
175	175	attempted in violation of Section 170.052;
176	176	(2) the father of the preborn child for an abortion
177	177	performed or attempted on a pregnant woman in violation of Section
178	178	170.052, unless the woman's pregnancy resulted from the father's
179	179	criminal conduct; or
180	180	(3) a maternal grandparent of the preborn child for an
181	181	abortion performed or attempted in violation of Section 170.052 on
182	182	a pregnant woman who was less than 18 years of age at the time of the
183	183	violation, unless the woman's pregnancy resulted from the maternal
184	184	grandparent's criminal conduct.
185	185	(b) A person who brings an action under this section may
186	186	obtain:
187	187	(1) injunctive relief;
188	188	(2) damages incurred by the person, including:
189	189	(A) actual damages for all psychological,
190	190	emotional, and physical injuries resulting from the violation of
191	191	Section 170.052;
192	192	(B) court costs; and
193	193	(C) reasonable attorney's fees; or
194	194	(3) both injunctive relief and damages.
195	195	(c) An action for damages or injunctive relief under this
196	196	section must be filed:
197	197	(1) in a district court in the county in which the
198	198	woman on whom an abortion was performed or attempted in violation of
199	199	Section 170.052 resides; and
200	200	(2) not later than the sixth anniversary of the date
201	201	the abortion was performed or attempted in violation of Section
202	202	170.052.
203	203	(d) The damages and injunctive relief authorized by this
204	204	section are in addition to any other remedy available by law.
205	205	(e) A civil action under this section may not be brought
206	206	against a woman on whom an abortion is performed or attempted in
207	207	violation of Section 170.052.
208	208	SECTION 8. Section 171.002, Health and Safety Code, is
209	209	amended by adding Subdivision (3-a) to read as follows:
210	210	(3-a) "Preborn child" means an unborn child as defined
211	211	by Section 171.061.
212	212	SECTION 9. Section 171.012, Health and Safety Code, is
213	213	amended by amending Subsection (a) and adding Subsections (f) and
214	214	(g) to read as follows:
215	215	(a) Consent to an abortion is voluntary and informed only
216	216	if:
217	217	(1) the physician who is to perform the abortion
218	218	informs the pregnant woman on whom the abortion is to be performed
219	219	of:
220	220	(A) the physician's name;
221	221	(B) the particular medical risks associated with
222	222	the particular abortion procedure to be employed, including, when
223	223	medically accurate:
224	224	(i) the risks of infection and hemorrhage;
225	225	(ii) the potential danger to a subsequent
226	226	pregnancy and of infertility; and
227	227	(iii) the possibility of increased risk of
228	228	breast cancer following an induced abortion and the natural
229	229	protective effect of a completed pregnancy in avoiding breast
230	230	cancer;
231	231	(C) the probable gestational age of the preborn
232	232	[unborn] child at the time the abortion is to be performed; [and]
233	233	(D) the medical risks associated with carrying
234	234	the preborn child to term; and
235	235	(E) the state law prohibiting abortion of a
236	236	preborn child solely on the basis of the preborn child's race,
237	237	ethnicity, sex, or probability of diagnosis of or of having a
238	238	disability, as defined by Section 170.051;
239	239	(2) the physician who is to perform the abortion or the
240	240	physician's agent informs the pregnant woman that:
241	241	(A) medical assistance benefits may be available
242	242	for prenatal care, childbirth, and neonatal care;
243	243	(B) the father is liable for assistance in the
244	244	support of the child without regard to whether the father has
245	245	offered to pay for the abortion; and
246	246	(C) public and private agencies provide
247	247	pregnancy prevention counseling and medical referrals for
248	248	obtaining pregnancy prevention medications or devices, including
249	249	emergency contraception for victims of rape or incest;
250	250	(3) the physician who is to perform the abortion or the
251	251	physician's agent:
252	252	(A) provides the pregnant woman with the printed
253	253	materials described by Section 171.014; and
254	254	(B) informs the pregnant woman that those
255	255	materials:
256	256	(i) have been provided by the Health and
257	257	Human Services Commission [Department of State Health Services];
258	258	(ii) are accessible on an Internet website
259	259	sponsored by the commission [department];
260	260	(iii) describe the preborn [unborn] child
261	261	and list agencies that offer alternatives to abortion; and
262	262	(iv) include a list of agencies that offer
263	263	sonogram services at no cost to the pregnant woman;
264	264	(4) before any sedative or anesthesia is administered
265	265	to the pregnant woman and at least 24 hours before the abortion or
266	266	at least two hours before the abortion if the pregnant woman waives
267	267	this requirement by certifying that she currently lives 100 miles
268	268	or more from the nearest abortion provider that is a facility
269	269	licensed under Chapter 245 or a facility that performs more than 50
270	270	abortions in any 12-month period:
271	271	(A) the physician who is to perform the abortion
272	272	or an agent of the physician who is also a sonographer certified by
273	273	a national registry of medical sonographers performs a sonogram on
274	274	the pregnant woman on whom the abortion is to be performed;
275	275	(B) the physician who is to perform the abortion
276	276	displays the sonogram images in a quality consistent with current
277	277	medical practice in a manner that the pregnant woman may view them;
278	278	(C) the physician who is to perform the abortion
279	279	provides, in a manner understandable to a layperson, a verbal
280	280	explanation of the results of the sonogram images, including a
281	281	medical description of the dimensions of the embryo or fetus, the
282	282	presence of cardiac activity, and the presence of external members
283	283	and internal organs; and
284	284	(D) the physician who is to perform the abortion
285	285	or an agent of the physician who is also a sonographer certified by
286	286	a national registry of medical sonographers makes audible the heart
287	287	auscultation for the pregnant woman to hear, if present, in a
288	288	quality consistent with current medical practice and provides, in a
289	289	manner understandable to a layperson, a simultaneous verbal
290	290	explanation of the heart auscultation;
291	291	(5) before receiving a sonogram under Subdivision
292	292	(4)(A) and before the abortion is performed and before any sedative
293	293	or anesthesia is administered, the pregnant woman completes and
294	294	certifies with her signature an election form that states as
295	295	follows:
296	296	"ABORTION AND SONOGRAM ELECTION
297	297	(1) THE INFORMATION AND PRINTED MATERIALS
298	298	DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
299	299	AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
300	300	ME.
301	301	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF
302	302	AN ABORTION.
303	303	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM
304	304	PRIOR TO RECEIVING AN ABORTION.
305	305	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW
306	306	THE SONOGRAM IMAGES.
307	307	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR
308	308	THE HEARTBEAT.
309	309	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO
310	310	HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
311	311	CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
312	312	___ I AM PREGNANT AS A RESULT OF A SEXUAL
313	313	ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
314	314	CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
315	315	AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
316	316	REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
317	317	OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
318	318	___ I AM A MINOR AND OBTAINING AN ABORTION IN
319	319	ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
320	320	CHAPTER 33, TEXAS FAMILY CODE.
321	321	[___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
322	322	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
323	323	DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
324	324	FILE.]
325	325	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL
326	326	AND WITHOUT COERCION.
327	327	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM
328	328	THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
329	329	LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY
330	330	CODE, OR A FACILITY THAT PERFORMS MORE THAN 50
331	331	ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
332	332	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
333	333	MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
334	334	IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH
335	335	AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE THAN
336	336	50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE THE
337	337	REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS
338	338	PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY
339	339	PLACE OF RESIDENCE IS:__________.
340	340	________________________________________
341	341	SIGNATURE DATE";
342	342	(6) before the abortion is performed, the physician
343	343	who is to perform the abortion receives a copy of the signed,
344	344	written certification required by Subdivision (5); and
345	345	(7) the pregnant woman is provided the name of each
346	346	person who provides or explains the information required under this
347	347	subsection.
348	348	(f) If the pregnant woman's preborn child has been diagnosed
349	349	with a life-threatening disability, the physician who is to perform
350	350	the abortion shall, at least 24 hours before the abortion or at
351	351	least two hours before the abortion if the pregnant woman waives
352	352	this requirement by certifying that she currently lives 100 miles
353	353	or more from the nearest abortion provider that is a facility
354	354	licensed under Chapter 245 or a facility that performs more than 50
355	355	abortions in any 12-month period:
356	356	(1) orally and in person, inform the pregnant woman of
357	357	the availability of perinatal palliative care, as that term is
358	358	defined by Section 161.702; and
359	359	(2) provide the pregnant woman with a written copy of:
360	360	(A) the perinatal palliative care informational
361	361	materials and list of the perinatal palliative care providers and
362	362	programs described by Section 161.703; and
363	363	(B) the perinatal palliative care certification
364	364	form described by Section 161.704.
365	365	(g) If a pregnant woman described by Subsection (f), after
366	366	receiving from the physician who is to perform the abortion the
367	367	perinatal palliative care informational materials and
368	368	certification form described by that subsection in the manner
369	369	required by that subsection, chooses to have an abortion instead of
370	370	continuing the pregnancy in perinatal palliative care, the
371	371	physician may perform the abortion only after:
372	372	(1) the pregnant woman signs the certification form;
373	373	and
374	374	(2) the physician places the signed certification form
375	375	in the pregnant woman's medical records.
376	376	SECTION 10. Section 171.0121, Health and Safety Code, is
377	377	amended to read as follows:
378	378	Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion
379	379	begins, a copy of the signed, written certification received by the
380	380	physician under Section 171.012(a)(6) and, if applicable, under
381	381	Section 161.704 must be placed in the pregnant woman's medical
382	382	records.
383	383	(b) A copy of the signed, written certification required
384	384	under Sections 171.012(a)(5) and (6) and of any signed, written
385	385	certification required under Section 161.704 shall be retained by
386	386	the facility where the abortion is performed until:
387	387	(1) the seventh anniversary of the date the
388	388	certification [it] is signed; or
389	389	(2) if the pregnant woman is a minor, the later of:
390	390	(A) the seventh anniversary of the date the
391	391	certification [it] is signed; or
392	392	(B) the woman's 21st birthday.
393	393	SECTION 11. Section 171.0122(d), Health and Safety Code, is
394	394	amended to read as follows:
395	395	(d) A pregnant woman may choose not to receive the verbal
396	396	explanation of the results of the sonogram images under Section
397	397	171.012(a)(4)(C) if:
398	398	(1) the woman's pregnancy is a result of a sexual
399	399	assault, incest, or other violation of the Penal Code that has been
400	400	reported to law enforcement authorities or that has not been
401	401	reported because she has a reason that she declines to reveal
402	402	because she reasonably believes that to do so would put her at risk
403	403	of retaliation resulting in serious bodily injury; or
404	404	(2) the woman is a minor and obtaining an abortion in
405	405	accordance with judicial bypass procedures under Chapter 33, Family
406	406	Code[; or
407	407	[(3) the fetus has an irreversible medical condition
408	408	or abnormality, as previously identified by reliable diagnostic
409	409	procedures and documented in the woman's medical file].
410	410	SECTION 12. Section 171.014(a), Health and Safety Code, is
411	411	amended to read as follows:
412	412	(a) The department shall publish informational materials
413	413	that include:
414	414	(1) the information required to be provided under
415	415	Sections 171.012(a)(1)(B), [and] (D), and (E) and (a)(2)(A), (B),
416	416	and (C); and
417	417	(2) the materials required by Sections 161.703,
418	418	171.015, and 171.016.
419	419	SECTION 13. Section 171.042, Health and Safety Code, is
420	420	amended to read as follows:
421	421	Sec. 171.042. DEFINITION [DEFINITIONS]. In this
422	422	subchapter, [:
423	423	[(1)] "post-fertilization [Post-fertilization] age"
424	424	means the age of the preborn [unborn] child as calculated from the
425	425	fusion of a human spermatozoon with a human ovum.
426	426	[(2) "Severe fetal abnormality" has the meaning
427	427	assigned by Section 285.202.]
428	428	SECTION 14. Section 285.202(a), Health and Safety Code, is
429	429	amended to read as follows:
430	430	(a) In this section, "medical emergency" means[:
431	431	[(1)] a condition exists that, in a physician's good
432	432	faith clinical judgment, complicates the medical condition of the
433	433	pregnant woman and necessitates the immediate abortion of her
434	434	pregnancy to avert her death or to avoid a serious risk of
435	435	substantial impairment of a major bodily function[; or
436	436	[(2) the fetus has a severe fetal abnormality].
437	437	SECTION 15. Section 164.052(a), Occupations Code, is
438	438	amended to read as follows:
439	439	(a) A physician or an applicant for a license to practice
440	440	medicine commits a prohibited practice if that person:
441	441	(1) submits to the board a false or misleading
442	442	statement, document, or certificate in an application for a
443	443	license;
444	444	(2) presents to the board a license, certificate, or
445	445	diploma that was illegally or fraudulently obtained;
446	446	(3) commits fraud or deception in taking or passing an
447	447	examination;
448	448	(4) uses alcohol or drugs in an intemperate manner
449	449	that, in the board's opinion, could endanger a patient's life;
450	450	(5) commits unprofessional or dishonorable conduct
451	451	that is likely to deceive or defraud the public, as provided by
452	452	Section 164.053, or injure the public;
453	453	(6) uses an advertising statement that is false,
454	454	misleading, or deceptive;
455	455	(7) advertises professional superiority or the
456	456	performance of professional service in a superior manner if that
457	457	advertising is not readily subject to verification;
458	458	(8) purchases, sells, barters, or uses, or offers to
459	459	purchase, sell, barter, or use, a medical degree, license,
460	460	certificate, or diploma, or a transcript of a license, certificate,
461	461	or diploma in or incident to an application to the board for a
462	462	license to practice medicine;
463	463	(9) alters, with fraudulent intent, a medical license,
464	464	certificate, or diploma, or a transcript of a medical license,
465	465	certificate, or diploma;
466	466	(10) uses a medical license, certificate, or diploma,
467	467	or a transcript of a medical license, certificate, or diploma that
468	468	has been:
469	469	(A) fraudulently purchased or issued;
470	470	(B) counterfeited; or
471	471	(C) materially altered;
472	472	(11) impersonates or acts as proxy for another person
473	473	in an examination required by this subtitle for a medical license;
474	474	(12) engages in conduct that subverts or attempts to
475	475	subvert an examination process required by this subtitle for a
476	476	medical license;
477	477	(13) impersonates a physician or permits another to
478	478	use the person's license or certificate to practice medicine in
479	479	this state;
480	480	(14) directly or indirectly employs a person whose
481	481	license to practice medicine has been suspended, canceled, or
482	482	revoked;
483	483	(15) associates in the practice of medicine with a
484	484	person:
485	485	(A) whose license to practice medicine has been
486	486	suspended, canceled, or revoked; or
487	487	(B) who has been convicted of the unlawful
488	488	practice of medicine in this state or elsewhere;
489	489	(16) performs or procures a criminal abortion, aids or
490	490	abets in the procuring of a criminal abortion, attempts to perform
491	491	or procure a criminal abortion, or attempts to aid or abet the
492	492	performance or procurement of a criminal abortion;
493	493	(17) directly or indirectly aids or abets the practice
494	494	of medicine by a person, partnership, association, or corporation
495	495	that is not licensed to practice medicine by the board;
496	496	(18) performs an abortion on a woman who is pregnant
497	497	with a viable preborn [unborn] child during the third trimester of
498	498	the pregnancy unless[:
499	499	[(A)] the abortion is necessary due to a medical
500	500	emergency, as defined by Section 171.002, Health and Safety Code
501	501	[to prevent the death of the woman;
502	502	[(B) the viable unborn child has a severe,
503	503	irreversible brain impairment; or
504	504	[(C) the woman is diagnosed with a significant
505	505	likelihood of suffering imminent severe, irreversible brain damage
506	506	or imminent severe, irreversible paralysis];
507	507	(19) performs an abortion on an unemancipated minor
508	508	without the written consent of the child's parent, managing
509	509	conservator, or legal guardian or without a court order, as
510	510	provided by Section 33.003 or 33.004, Family Code, unless the
511	511	abortion is necessary due to a medical emergency, as defined by
512	512	Section 171.002, Health and Safety Code;
513	513	(20) otherwise performs an abortion on an
514	514	unemancipated minor in violation of Chapter 33, Family Code; [or]
515	515	(21) performs or induces or attempts to perform or
516	516	induce an abortion in violation of Subchapter C, F, or G, Chapter
517	517	171, Health and Safety Code; or
518	518	(22) performs or attempts to perform an abortion or
519	519	engages in other conduct in violation of Section 170.052, Health
520	520	and Safety Code.
521	521	SECTION 16. Section 164.055(b), Occupations Code, is
522	522	amended to read as follows:
523	523	(b) The sanctions provided by Subsection (a) are in addition
524	524	to any other grounds for refusal to admit persons to examination
525	525	under this subtitle or to issue a license or renew a license to
526	526	practice medicine under this subtitle. The criminal penalties
527	527	provided by Section 165.152 do not apply to a violation of Section
528	528	170.002 or 170.052, Health and Safety Code, or Subchapter C, F, or
529	529	G, Chapter 171, Health and Safety Code.
530	530	SECTION 17. The following provisions of the Health and
531	531	Safety Code are repealed:
532	532	(1) Section 171.046(c); and
533	533	(2) Sections 285.202(a-1) and (a-2).
534	534	SECTION 18. Not later than December 1, 2019:
535	535	(1) the Health and Human Services Commission shall:
536	536	(A) develop the perinatal palliative care
537	537	informational materials, list of perinatal palliative care
538	538	providers and programs, and perinatal palliative care
539	539	certification form required by Subchapter X, Chapter 161, Health
540	540	and Safety Code, as added by this Act; and
541	541	(B) update any forms and informational materials
542	542	under Subchapter B, Chapter 171, Health and Safety Code, as amended
543	543	by this Act; and
544	544	(2) the executive commissioner of the Health and Human
545	545	Services Commission shall adopt any rules necessary to implement
546	546	Subchapter X, Chapter 161, Health and Safety Code, as added by this
547	547	Act and Subchapter B, Chapter 171, Health and Safety Code, as
548	548	amended by this Act.
549	549	SECTION 19. (a) Subchapter X, Chapter 161, Health and
550	550	Safety Code, as added by this Act, applies only to a diagnosis of a
551	551	life-threatening disability of a pregnant woman's preborn child
552	552	made on or after January 1, 2020.
553	553	(b) The changes in law made by this Act to Chapters 170 and
554	554	171, Health and Safety Code, and Chapter 164, Occupations Code,
555	555	apply only to an abortion performed or other conduct that occurred
556	556	on or after January 1, 2020. An abortion performed or other conduct
557	557	that occurred before that date is governed by the law in effect
558	558	immediately before the effective date of this Act, and that law is
559	559	continued in effect for that purpose.
560	560	SECTION 20. It is the intent of the legislature that every
561	561	provision, section, subsection, sentence, clause, phrase, or word
562	562	in this Act, and every application of the provisions in this Act to
563	563	each person or entity, are severable from each other. If any
564	564	application of any provision in this Act to any person, group of
565	565	persons, or circumstances is found by a court to be invalid for any
566	566	reason, the remaining applications of that provision to all other
567	567	persons and circumstances shall be severed and may not be affected.
568	568	SECTION 21. This Act takes effect September 1, 2019.