Texas 2019 - 86th Regular

Texas House Bill HB3205 Compare Versions

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

Old	New	Differences
1	1	86R13807 SCL-F
2	2	By: Miller H.B. No. 3205
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creating the criminal offense of delivery of a drug or
8	8	device for an unlawful abortion.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 170, Health and Safety Code, is amended
11	11	by adding Section 170.003 to read as follows:
12	12	Sec. 170.003. DELIVERY OF DRUG OR DEVICE FOR UNLAWFUL
13	13	ABORTION. (a) In this section, "deliver" means to transfer or
14	14	cause to transfer, actually or constructively, property to another
15	15	person.
16	16	(b) A person commits an offense if the person knowingly
17	17	delivers or attempts to deliver a drug or device intended to be used
18	18	to induce an unlawful abortion.
19	19	(c) An offense under this section is a state jail felony.
20	20	(d) It is an exception to the application of this section
21	21	that the actor is a pregnant woman on whom the drug or device was
22	22	intended to be used.
23	23	(e) A person who is subject to prosecution under this
24	24	section and any other law may be prosecuted under either or both
25	25	laws.
26	26	SECTION 2. Section 164.052(a), Occupations Code, is amended
27	27	to read as follows:
28	28	(a) A physician or an applicant for a license to practice
29	29	medicine commits a prohibited practice if that person:
30	30	(1) submits to the board a false or misleading
31	31	statement, document, or certificate in an application for a
32	32	license;
33	33	(2) presents to the board a license, certificate, or
34	34	diploma that was illegally or fraudulently obtained;
35	35	(3) commits fraud or deception in taking or passing an
36	36	examination;
37	37	(4) uses alcohol or drugs in an intemperate manner
38	38	that, in the board's opinion, could endanger a patient's life;
39	39	(5) commits unprofessional or dishonorable conduct
40	40	that is likely to deceive or defraud the public, as provided by
41	41	Section 164.053, or injure the public;
42	42	(6) uses an advertising statement that is false,
43	43	misleading, or deceptive;
44	44	(7) advertises professional superiority or the
45	45	performance of professional service in a superior manner if that
46	46	advertising is not readily subject to verification;
47	47	(8) purchases, sells, barters, or uses, or offers to
48	48	purchase, sell, barter, or use, a medical degree, license,
49	49	certificate, or diploma, or a transcript of a license, certificate,
50	50	or diploma in or incident to an application to the board for a
51	51	license to practice medicine;
52	52	(9) alters, with fraudulent intent, a medical license,
53	53	certificate, or diploma, or a transcript of a medical license,
54	54	certificate, or diploma;
55	55	(10) uses a medical license, certificate, or diploma,
56	56	or a transcript of a medical license, certificate, or diploma that
57	57	has been:
58	58	(A) fraudulently purchased or issued;
59	59	(B) counterfeited; or
60	60	(C) materially altered;
61	61	(11) impersonates or acts as proxy for another person
62	62	in an examination required by this subtitle for a medical license;
63	63	(12) engages in conduct that subverts or attempts to
64	64	subvert an examination process required by this subtitle for a
65	65	medical license;
66	66	(13) impersonates a physician or permits another to
67	67	use the person's license or certificate to practice medicine in
68	68	this state;
69	69	(14) directly or indirectly employs a person whose
70	70	license to practice medicine has been suspended, canceled, or
71	71	revoked;
72	72	(15) associates in the practice of medicine with a
73	73	person:
74	74	(A) whose license to practice medicine has been
75	75	suspended, canceled, or revoked; or
76	76	(B) who has been convicted of the unlawful
77	77	practice of medicine in this state or elsewhere;
78	78	(16) performs or procures a criminal abortion, aids or
79	79	abets in the procuring of a criminal abortion, attempts to perform
80	80	or procure a criminal abortion, or attempts to aid or abet the
81	81	performance or procurement of a criminal abortion;
82	82	(17) directly or indirectly aids or abets the practice
83	83	of medicine by a person, partnership, association, or corporation
84	84	that is not licensed to practice medicine by the board;
85	85	(18) performs an abortion on a woman who is pregnant
86	86	with a viable unborn child during the third trimester of the
87	87	pregnancy unless:
88	88	(A) the abortion is necessary to prevent the
89	89	death of the woman;
90	90	(B) the viable unborn child has a severe,
91	91	irreversible brain impairment; or
92	92	(C) the woman is diagnosed with a significant
93	93	likelihood of suffering imminent severe, irreversible brain damage
94	94	or imminent severe, irreversible paralysis;
95	95	(19) performs an abortion on an unemancipated minor
96	96	without the written consent of the child's parent, managing
97	97	conservator, or legal guardian or without a court order, as
98	98	provided by Section 33.003 or 33.004, Family Code, unless the
99	99	abortion is necessary due to a medical emergency, as defined by
100	100	Section 171.002, Health and Safety Code;
101	101	(20) otherwise performs an abortion on an
102	102	unemancipated minor in violation of Chapter 33, Family Code; [or]
103	103	(21) performs or induces or attempts to perform or
104	104	induce an abortion in violation of Subchapter C, F, or G, Chapter
105	105	171, Health and Safety Code; or
106	106	(22) delivers or attempts to deliver a drug or device
107	107	for an unlawful abortion in violation of Section 170.003, Health
108	108	and Safety Code.
109	109	SECTION 3. Section 164.055, Occupations Code, is amended to
110	110	read as follows:
111	111	Sec. 164.055. PROHIBITED ACTS REGARDING ABORTION. (a) The
112	112	board shall take an appropriate disciplinary action against a
113	113	physician who violates [Section 170.002 or] Chapter 170 or 171,
114	114	Health and Safety Code. The board shall refuse to admit to
115	115	examination or refuse to issue a license or renewal license to a
116	116	person who violates either of those chapters [that section or
117	117	chapter].
118	118	(b) The sanctions provided by Subsection (a) are in addition
119	119	to any other grounds for refusal to admit persons to examination
120	120	under this subtitle or to issue a license or renew a license to
121	121	practice medicine under this subtitle. The criminal penalties
122	122	provided by Section 165.152 do not apply to a violation of Chapter
123	123	170 [Section 170.002], Health and Safety Code, or Subchapter C, F,
124	124	or G, Chapter 171, Health and Safety Code.
125	125	SECTION 4. This Act takes effect September 1, 2019.