86R13807 SCL-F
By: Miller H.B. No. 3205
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of delivery of a drug or
device for an unlawful abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 170, Health and Safety Code, is amended
by adding Section 170.003 to read as follows:
Sec. 170.003. DELIVERY OF DRUG OR DEVICE FOR UNLAWFUL
ABORTION. (a) In this section, "deliver" means to transfer or
cause to transfer, actually or constructively, property to another
person.
(b) A person commits an offense if the person knowingly
delivers or attempts to deliver a drug or device intended to be used
to induce an unlawful abortion.
(c) An offense under this section is a state jail felony.
(d) It is an exception to the application of this section
that the actor is a pregnant woman on whom the drug or device was
intended to be used.
(e) A person who is subject to prosecution under this
section and any other law may be prosecuted under either or both
laws.
SECTION 2. Section 164.052(a), Occupations Code, is amended
to read as follows:
(a) A physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) presents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3) commits fraud or deception in taking or passing an
examination;
(4) uses alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(5) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6) uses an advertising statement that is false,
misleading, or deceptive;
(7) advertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a medical degree, license,
certificate, or diploma, or a transcript of a license, certificate,
or diploma in or incident to an application to the board for a
license to practice medicine;
(9) alters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10) uses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
has been:
(A) fraudulently purchased or issued;
(B) counterfeited; or
(C) materially altered;
(11) impersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12) engages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13) impersonates a physician or permits another to
use the person's license or certificate to practice medicine in
this state;
(14) directly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15) associates in the practice of medicine with a
person:
(A) whose license to practice medicine has been
suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16) performs or procures a criminal abortion, aids or
abets in the procuring of a criminal abortion, attempts to perform
or procure a criminal abortion, or attempts to aid or abet the
performance or procurement of a criminal abortion;
(17) directly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
that is not licensed to practice medicine by the board;
(18) performs an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A) the abortion is necessary to prevent the
death of the woman;
(B) the viable unborn child has a severe,
irreversible brain impairment; or
(C) the woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19) performs an abortion on an unemancipated minor
without the written consent of the child's parent, managing
conservator, or legal guardian or without a court order, as
provided by Section 33.003 or 33.004, Family Code, unless the
abortion is necessary due to a medical emergency, as defined by
Section 171.002, Health and Safety Code;
(20) otherwise performs an abortion on an
unemancipated minor in violation of Chapter 33, Family Code; [or]
(21) performs or induces or attempts to perform or
induce an abortion in violation of Subchapter C, F, or G, Chapter
171, Health and Safety Code; or
(22) delivers or attempts to deliver a drug or device
for an unlawful abortion in violation of Section 170.003, Health
and Safety Code.
SECTION 3. Section 164.055, Occupations Code, is amended to
read as follows:
Sec. 164.055. PROHIBITED ACTS REGARDING ABORTION. (a) The
board shall take an appropriate disciplinary action against a
physician who violates [Section 170.002 or] Chapter 170 or 171,
Health and Safety Code. The board shall refuse to admit to
examination or refuse to issue a license or renewal license to a
person who violates either of those chapters [that section or
chapter].
(b) The sanctions provided by Subsection (a) are in addition
to any other grounds for refusal to admit persons to examination
under this subtitle or to issue a license or renew a license to
practice medicine under this subtitle. The criminal penalties
provided by Section 165.152 do not apply to a violation of Chapter
170 [Section 170.002], Health and Safety Code, or Subchapter C, F,
or G, Chapter 171, Health and Safety Code.
SECTION 4. This Act takes effect September 1, 2019.