Texas 2019 - 86th Regular

Texas Senate Bill SB1033 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hancock, et al. S.B. No. 1033
2		-	(Schaefer, Swanson, Oliverson, et al.)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to information regarding perinatal palliative care and
8	7		prohibiting discriminatory abortions; creating an administrative
9	8		penalty, a civil remedy, and a criminal offense.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. This Act may be cited as the Preborn
12	11		Nondiscrimination Act.
13	12		SECTION 2. The legislature finds that:
14	13		(1) Texas has a compelling state interest in
15	14		protecting all Texans from discrimination based on sex, race, and
16	15		disability; and
17	16		(2) Texas enforces prohibitions against
18	17		discrimination based on sex, race, and disability in various areas,
19	18		including housing, employment, education, insurance, and health
20	19		program and service provision.
21	20		SECTION 3. Chapter 161, Health and Safety Code, is amended
22	21		by adding Subchapter X to read as follows:
23	22		SUBCHAPTER X. PERINATAL PALLIATIVE CARE
24	23		Sec. 161.701. PURPOSE OF SUBCHAPTER. The purpose of this
25	24		subchapter is to ensure that:
26	25		(1) a pregnant woman who receives a diagnosis of a
27	26		life-threatening disability of the woman's preborn child is
28	27		informed of the availability of perinatal palliative care; and
29	28		(2) a pregnant woman who chooses abortion after
30	29		receiving a diagnosis of a life-threatening disability of the
31	30		woman's preborn child makes a fully informed decision.
32	31		Sec. 161.702. DEFINITION. In this subchapter, "perinatal
33	32		palliative care" means the provision of comprehensive, supportive
34	33		care to reduce the suffering of a pregnant woman, her preborn child,
35	34		and her family, from diagnosis of the preborn child's
36	35		life-threatening disability through the delivery and possible
37	36		death of the child as a result of the life-threatening disability.
38	37		The term includes medical, social, and mental health care,
39	38		including counseling and health care provided by maternal-fetal
40	39		medical specialists, obstetricians, neonatologists, anesthesia
41	40		specialists, specialty nurses, clergy, social workers, and other
42	41		individuals focused on alleviating fear and pain and ensuring the
43	42		pregnant woman, her preborn child, and her family experience a
44	43		supportive environment.
45	44		Sec. 161.703. PERINATAL PALLIATIVE CARE INFORMATIONAL
46	45		MATERIALS. (a) The commission shall develop perinatal palliative
47	46		care informational materials and post the materials on the
48	47		commission's Internet website. The materials must include:
49	48		(1) a description of the health care and other
50	49		services available through perinatal palliative care; and
51	50		(2) information about medical assistance benefits
52	51		that may be available for prenatal care, childbirth, and perinatal
53	52		palliative care.
54	53		(b) The commission shall develop, regularly update, and
55	54		publish a geographically indexed list of all perinatal palliative
56	55		care providers and programs in this state. The commission may
57	56		include perinatal palliative care providers and programs in other
58	57		states that provide care to residents of this state but may not
59	58		include an abortion provider, as defined by Section 171.002. The
60	59		commission shall post the list of perinatal palliative care
61	60		providers and programs, including contact information, on the
62	61		commission's Internet website and note the providers and programs
63	62		that provide services free of charge.
64	63		Sec. 161.704. PERINATAL PALLIATIVE CARE CERTIFICATION
65	64		FORM. The commission shall develop a form on which a pregnant woman
66	65		certifies that she has received the perinatal palliative care
67	66		informational materials and list of the perinatal palliative care
68	67		providers and programs described by Section 161.703.
69	68		Sec. 161.705. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF
70	69		PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care
71	70		provider who diagnoses a pregnant woman's preborn child as having a
72	71		life-threatening disability shall, at the time of the diagnosis:
73	72		(1) provide the pregnant woman with a written copy of:
74	73		(A) the perinatal palliative care informational
75	74		materials and list of the perinatal palliative care providers and
76	75		programs described by Section 161.703; and
77	76		(B) the perinatal palliative care certification
78	77		form described by Section 161.704; and
79	78		(2) obtain from the pregnant woman the signed
80	79		perinatal palliative care certification form and place the form in
81	80		the pregnant woman's medical records.
82	81		Sec. 161.706. EXCEPTION. (a) A health care provider is
83	82		not required to provide the perinatal palliative care informational
84	83		materials or perinatal palliative care certification form under
85	84		this subchapter if the health care provider verifies the pregnant
86	85		woman's medical record contains a signed perinatal palliative care
87	86		certification form for that pregnancy as required under Section
88	87		161.705(2).
89	88		(b) This section does not affect a health care provider's
90	89		duty to provide the perinatal palliative care informational
91	90		materials or perinatal palliative care certification form
92	91		described by this subchapter as required under Subchapter B,
93	92		Chapter 171.
94	93		SECTION 4. Chapter 170, Health and Safety Code, is amended
95	94		by designating Sections 170.001 and 170.002 as Subchapter A and
96	95		adding a subchapter heading to read as follows:
97	96		SUBCHAPTER A. GENERAL PROVISIONS; POST-VIABILITY ABORTION
98	97		PROHIBITED
99	98		SECTION 5. Section 170.001(3), Health and Safety Code, is
100	99		amended to read as follows:
101	100		(3) "Viable" means the stage of fetal development
102	101		when, in the medical judgment of the attending physician based on
103	102		the particular facts of the case, a preborn [an unborn] child
104	103		possesses the capacity to live outside its mother's womb after its
105	104		premature birth from any cause. The term does not include a fetus
106	105		whose biparietal diameter is less than 60 millimeters.
107	106		SECTION 6. Section 170.002, Health and Safety Code, is
108	107		amended to read as follows:
109	108		Sec. 170.002. PROHIBITED ACTS; EXEMPTION. (a) Except as
110	109		provided by Subsection (b), a person may not intentionally or
111	110		knowingly perform an abortion on a woman who is pregnant with a
112	111		viable preborn [unborn] child during the third trimester of the
113	112		pregnancy.
114	113		(b) Subsection (a) does not prohibit a person from
115	114		performing an abortion if at the time of the abortion the person is
116	115		a physician and concludes in good faith according to the
117	116		physician's best medical judgment that[:
118	117		[(1) the fetus is not a viable fetus and the pregnancy
119	118		is not in the third trimester;
120	119		[(2)] the abortion is necessary due to a medical
121	120		emergency, as defined by Section 171.002 [to prevent the death or a
122	121		substantial risk of serious impairment to the physical or mental
123	122		health of the woman; or
124	123		[(3) the fetus has a severe and irreversible
125	124		abnormality, identified by reliable diagnostic procedures].
126	125		(c) A physician who performs an abortion that, according to
127	126		the physician's best medical judgment at the time of the abortion,
128	127		is to abort a viable preborn [unborn] child during the third
129	128		trimester of the pregnancy shall certify in writing to the
130	129		commission, on a form prescribed by the commission, the medical
131	130		indications supporting the physician's judgment that the abortion
132	131		was authorized by Subsection (b) [(b)(2) or (3). If the physician
133	132		certifies the abortion was authorized by Subsection (b)(3), the
134	133		physician shall certify in writing on the form the fetal
135	134		abnormality identified by the physician]. The certification must
136	135		be made not later than the 30th day after the date the abortion was
137	136		performed.
138	137		SECTION 7. Chapter 170, Health and Safety Code, is amended
139	138		by adding Subchapter B to read as follows:
140	139		SUBCHAPTER B. DISCRIMINATORY ABORTION PROHIBITED
141	140		Sec. 170.051. DEFINITION. In this subchapter, "disability"
142	141		means:
143	142		(1) having a physical or mental impairment that would
144	143		substantially limit one or more of an individual's major life
145	144		activities;
146	145		(2) an assessment referencing an individual's
147	146		impairment described by Subdivision (1); or
148	147		(3) a physical disfigurement, scoliosis, dwarfism,
149	148		Down syndrome, albinism, amelia, or any other type of physical,
150	149		mental, or intellectual abnormality or disease.
151	150		Sec. 170.052. DISCRIMINATORY ABORTION. A person may not:
152	151		(1) knowingly perform or attempt to perform on a
153	152		pregnant woman an abortion based on the race, ethnicity, sex, or
154	153		probability of diagnosis of or of having a disability of the woman's
155	154		preborn child; or
156	155		(2) use force or the threat of force to intentionally
157	156		injure or intimidate a person in order to coerce the performance or
158	157		attempted performance of an abortion based on the race, ethnicity,
159	158		sex, or probability of diagnosis of or of having a disability of the
160	159		woman's preborn child.
161	160		Sec. 170.053. CRIMINAL PENALTY. (a) A person who violates
162	161		Section 170.052 commits an offense. An offense under this
163	162		subsection is a Class A misdemeanor.
164	163		(b) A woman on whom an abortion is performed or attempted in
165	164		violation of Section 170.052 may not be prosecuted for a violation
166	165		of that section or for conspiracy to commit a violation of that
167	166		section.
168	167		Sec. 170.054. ADMINISTRATIVE PENALTY. A physician who
169	168		violates Section 170.052 engages in unprofessional conduct for
170	169		which the physician's license may be suspended or revoked under
171	170		Chapter 164, Occupations Code.
172	171		Sec. 170.055. CIVIL REMEDIES. (a) A civil action may be
173	172		brought against a person who violates Section 170.052 by:
174	173		(1) the woman on whom an abortion was performed or
175	174		attempted in violation of Section 170.052;
176	175		(2) the father of the preborn child for an abortion
177	176		performed or attempted on a pregnant woman in violation of Section
178	177		170.052, unless the woman's pregnancy resulted from the father's
179	178		criminal conduct; or
180	179		(3) a maternal grandparent of the preborn child for an
181	180		abortion performed or attempted in violation of Section 170.052 on
182	181		a pregnant woman who was less than 18 years of age at the time of the
183	182		violation, unless the woman's pregnancy resulted from the maternal
184	183		grandparent's criminal conduct.
185	184		(b) A person who brings an action under this section may
186	185		obtain:
187	186		(1) injunctive relief;
188	187		(2) damages incurred by the person, including:
189	188		(A) actual damages for all psychological,
190	189		emotional, and physical injuries resulting from the violation of
191	190		Section 170.052;
192	191		(B) court costs; and
193	192		(C) reasonable attorney's fees; or
194	193		(3) both injunctive relief and damages.
195	194		(c) An action for damages or injunctive relief under this
196	195		section must be filed:
197	196		(1) in a district court in the county in which the
198	197		woman on whom an abortion was performed or attempted in violation of
199	198		Section 170.052 resides; and
200	199		(2) not later than the sixth anniversary of the date
201	200		the abortion was performed or attempted in violation of Section
202	201		170.052.
203	202		(d) The damages and injunctive relief authorized by this
204	203		section are in addition to any other remedy available by law.
205	204		(e) A civil action under this section may not be brought
206	205		against a woman on whom an abortion is performed or attempted in
207	206		violation of Section 170.052.
208	207		SECTION 8. Section 171.002, Health and Safety Code, is
209	208		amended by adding Subdivision (3-a) to read as follows:
210	209		(3-a) "Preborn child" means an unborn child as defined
211	210		by Section 171.061.
212	211		SECTION 9. Section 171.012, Health and Safety Code, is
213	212		amended by amending Subsection (a) and adding Subsections (f) and
214	213		(g) to read as follows:
215	214		(a) Consent to an abortion is voluntary and informed only
216	215		if:
217	216		(1) the physician who is to perform the abortion
218	217		informs the pregnant woman on whom the abortion is to be performed
219	218		of:
220	219		(A) the physician's name;
221	220		(B) the particular medical risks associated with
222	221		the particular abortion procedure to be employed, including, when
223	222		medically accurate:
224	223		(i) the risks of infection and hemorrhage;
225	224		(ii) the potential danger to a subsequent
226	225		pregnancy and of infertility; and
227	226		(iii) the possibility of increased risk of
228	227		breast cancer following an induced abortion and the natural
229	228		protective effect of a completed pregnancy in avoiding breast
230	229		cancer;
231	230		(C) the probable gestational age of the preborn
232	231		[unborn] child at the time the abortion is to be performed; [and]
233	232		(D) the medical risks associated with carrying
234	233		the preborn child to term; and
235	234		(E) the state law prohibiting abortion of a
236	235		preborn child solely on the basis of the preborn child's race,
237	236		ethnicity, sex, or probability of diagnosis of or of having a
238	237		disability, as defined by Section 170.051;
239	238		(2) the physician who is to perform the abortion or the
240	239		physician's agent informs the pregnant woman that:
241	240		(A) medical assistance benefits may be available
242	241		for prenatal care, childbirth, and neonatal care;
243	242		(B) the father is liable for assistance in the
244	243		support of the child without regard to whether the father has
245	244		offered to pay for the abortion; and
246	245		(C) public and private agencies provide
247	246		pregnancy prevention counseling and medical referrals for
248	247		obtaining pregnancy prevention medications or devices, including
249	248		emergency contraception for victims of rape or incest;
250	249		(3) the physician who is to perform the abortion or the
251	250		physician's agent:
252	251		(A) provides the pregnant woman with the printed
253	252		materials described by Section 171.014; and
254	253		(B) informs the pregnant woman that those
255	254		materials:
256	255		(i) have been provided by the Health and
257	256		Human Services Commission [Department of State Health Services];
258	257		(ii) are accessible on an Internet website
259	258		sponsored by the commission [department];
260	259		(iii) describe the preborn [unborn] child
261	260		and list agencies that offer alternatives to abortion; and
262	261		(iv) include a list of agencies that offer
263	262		sonogram services at no cost to the pregnant woman;
264	263		(4) before any sedative or anesthesia is administered
265	264		to the pregnant woman and at least 24 hours before the abortion or
266	265		at least two hours before the abortion if the pregnant woman waives
267	266		this requirement by certifying that she currently lives 100 miles
268	267		or more from the nearest abortion provider that is a facility
269	268		licensed under Chapter 245 or a facility that performs more than 50
270	269		abortions in any 12-month period:
271	270		(A) the physician who is to perform the abortion
272	271		or an agent of the physician who is also a sonographer certified by
273	272		a national registry of medical sonographers performs a sonogram on
274	273		the pregnant woman on whom the abortion is to be performed;
275	274		(B) the physician who is to perform the abortion
276	275		displays the sonogram images in a quality consistent with current
277	276		medical practice in a manner that the pregnant woman may view them;
278	277		(C) the physician who is to perform the abortion
279	278		provides, in a manner understandable to a layperson, a verbal
280	279		explanation of the results of the sonogram images, including a
281	280		medical description of the dimensions of the embryo or fetus, the
282	281		presence of cardiac activity, and the presence of external members
283	282		and internal organs; and
284	283		(D) the physician who is to perform the abortion
285	284		or an agent of the physician who is also a sonographer certified by
286	285		a national registry of medical sonographers makes audible the heart
287	286		auscultation for the pregnant woman to hear, if present, in a
288	287		quality consistent with current medical practice and provides, in a
289	288		manner understandable to a layperson, a simultaneous verbal
290	289		explanation of the heart auscultation;
291	290		(5) before receiving a sonogram under Subdivision
292	291		(4)(A) and before the abortion is performed and before any sedative
293	292		or anesthesia is administered, the pregnant woman completes and
294	293		certifies with her signature an election form that states as
295	294		follows:
296	295		"ABORTION AND SONOGRAM ELECTION
297	296		(1) THE INFORMATION AND PRINTED MATERIALS
298	297		DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
299	298		AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
300	299		ME.
301	300		(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF
302	301		AN ABORTION.
303	302		(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM
304	303		PRIOR TO RECEIVING AN ABORTION.
305	304		(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW
306	305		THE SONOGRAM IMAGES.
307	306		(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR
308	307		THE HEARTBEAT.
309	308		(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO
310	309		HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
311	310		CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
312	311		___ I AM PREGNANT AS A RESULT OF A SEXUAL
313	312		ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
314	313		CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
315	314		AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
316	315		REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
317	316		OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
318	317		___ I AM A MINOR AND OBTAINING AN ABORTION IN
319	318		ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
320	319		CHAPTER 33, TEXAS FAMILY CODE.
321	320		[___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
322	321		CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
323	322		DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
324	323		FILE.]
325	324		(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL
326	325		AND WITHOUT COERCION.
327	326		(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM
328	327		THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
329	328		LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY
330	329		CODE, OR A FACILITY THAT PERFORMS MORE THAN 50
331	330		ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
332	331		I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
333	332		MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
334	333		IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH
335	334		AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE THAN
336	335		50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE THE
337	336		REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS
338	337		PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY
339	338		PLACE OF RESIDENCE IS:__________.
340	339		________________________________________
341	340		SIGNATURE DATE";
342	341		(6) before the abortion is performed, the physician
343	342		who is to perform the abortion receives a copy of the signed,
344	343		written certification required by Subdivision (5); and
345	344		(7) the pregnant woman is provided the name of each
346	345		person who provides or explains the information required under this
347	346		subsection.
348	347		(f) If the pregnant woman's preborn child has been diagnosed
349	348		with a life-threatening disability, the physician who is to perform
350	349		the abortion shall, at least 24 hours before the abortion or at
351	350		least two hours before the abortion if the pregnant woman waives
352	351		this requirement by certifying that she currently lives 100 miles
353	352		or more from the nearest abortion provider that is a facility
354	353		licensed under Chapter 245 or a facility that performs more than 50
355	354		abortions in any 12-month period:
356	355		(1) orally and in person, inform the pregnant woman of
357	356		the availability of perinatal palliative care, as that term is
358	357		defined by Section 161.702; and
359	358		(2) provide the pregnant woman with a written copy of:
360	359		(A) the perinatal palliative care informational
361	360		materials and list of the perinatal palliative care providers and
362	361		programs described by Section 161.703; and
363	362		(B) the perinatal palliative care certification
364	363		form described by Section 161.704.
365	364		(g) If a pregnant woman described by Subsection (f), after
366	365		receiving from the physician who is to perform the abortion the
367	366		perinatal palliative care informational materials and
368	367		certification form described by that subsection in the manner
369	368		required by that subsection, chooses to have an abortion instead of
370	369		continuing the pregnancy in perinatal palliative care, the
371	370		physician may perform the abortion only after:
372	371		(1) the pregnant woman signs the certification form;
373	372		and
374	373		(2) the physician places the signed certification form
375	374		in the pregnant woman's medical records.
376	375		SECTION 10. Section 171.0121, Health and Safety Code, is
377	376		amended to read as follows:
378	377		Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion
379	378		begins, a copy of the signed, written certification received by the
380	379		physician under Section 171.012(a)(6) and, if applicable, under
381	380		Section 161.704 must be placed in the pregnant woman's medical
382	381		records.
383	382		(b) A copy of the signed, written certification required
384	383		under Sections 171.012(a)(5) and (6) and of any signed, written
385	384		certification required under Section 161.704 shall be retained by
386	385		the facility where the abortion is performed until:
387	386		(1) the seventh anniversary of the date the
388	387		certification [it] is signed; or
389	388		(2) if the pregnant woman is a minor, the later of:
390	389		(A) the seventh anniversary of the date the
391	390		certification [it] is signed; or
392	391		(B) the woman's 21st birthday.
393	392		SECTION 11. Section 171.0122(d), Health and Safety Code, is
394	393		amended to read as follows:
395	394		(d) A pregnant woman may choose not to receive the verbal
396	395		explanation of the results of the sonogram images under Section
397	396		171.012(a)(4)(C) if:
398	397		(1) the woman's pregnancy is a result of a sexual
399	398		assault, incest, or other violation of the Penal Code that has been
400	399		reported to law enforcement authorities or that has not been
401	400		reported because she has a reason that she declines to reveal
402	401		because she reasonably believes that to do so would put her at risk
403	402		of retaliation resulting in serious bodily injury; or
404	403		(2) the woman is a minor and obtaining an abortion in
405	404		accordance with judicial bypass procedures under Chapter 33, Family
406	405		Code[; or
407	406		[(3) the fetus has an irreversible medical condition
408	407		or abnormality, as previously identified by reliable diagnostic
409	408		procedures and documented in the woman's medical file].
410	409		SECTION 12. Section 171.014(a), Health and Safety Code, is
411	410		amended to read as follows:
412	411		(a) The department shall publish informational materials
413	412		that include:
414	413		(1) the information required to be provided under
415	414		Sections 171.012(a)(1)(B), [and] (D), and (E) and (a)(2)(A), (B),
416	415		and (C); and
417	416		(2) the materials required by Sections 161.703,
418	417		171.015, and 171.016.
419	418		SECTION 13. Section 171.042, Health and Safety Code, is
420	419		amended to read as follows:
421	420		Sec. 171.042. DEFINITION [DEFINITIONS]. In this
422	421		subchapter,[:
423	422		[(1)] "post-fertilization [Post-fertilization] age"
424	423		means the age of the preborn [unborn] child as calculated from the
425	424		fusion of a human spermatozoon with a human ovum.
426	425		[(2) "Severe fetal abnormality" has the meaning
427	426		assigned by Section 285.202.]
428	427		SECTION 14. Section 285.202(a), Health and Safety Code, is
429	428		amended to read as follows:
430	429		(a) In this section, "medical emergency" means[:
431	430		[(1)] a condition exists that, in a physician's good
432	431		faith clinical judgment, complicates the medical condition of the
433	432		pregnant woman and necessitates the immediate abortion of her
434	433		pregnancy to avert her death or to avoid a serious risk of
435	434		substantial impairment of a major bodily function[; or
436	435		[(2) the fetus has a severe fetal abnormality].
437	436		SECTION 15. Section 164.052(a), Occupations Code, is
438	437		amended to read as follows:
439	438		(a) A physician or an applicant for a license to practice
440	439		medicine commits a prohibited practice if that person:
441	440		(1) submits to the board a false or misleading
442	441		statement, document, or certificate in an application for a
443	442		license;
444	443		(2) presents to the board a license, certificate, or
445	444		diploma that was illegally or fraudulently obtained;
446	445		(3) commits fraud or deception in taking or passing an
447	446		examination;
448	447		(4) uses alcohol or drugs in an intemperate manner
449	448		that, in the board's opinion, could endanger a patient's life;
450	449		(5) commits unprofessional or dishonorable conduct
451	450		that is likely to deceive or defraud the public, as provided by
452	451		Section 164.053, or injure the public;
453	452		(6) uses an advertising statement that is false,
454	453		misleading, or deceptive;
455	454		(7) advertises professional superiority or the
456	455		performance of professional service in a superior manner if that
457	456		advertising is not readily subject to verification;
458	457		(8) purchases, sells, barters, or uses, or offers to
459	458		purchase, sell, barter, or use, a medical degree, license,
460	459		certificate, or diploma, or a transcript of a license, certificate,
461	460		or diploma in or incident to an application to the board for a
462	461		license to practice medicine;
463	462		(9) alters, with fraudulent intent, a medical license,
464	463		certificate, or diploma, or a transcript of a medical license,
465	464		certificate, or diploma;
466	465		(10) uses a medical license, certificate, or diploma,
467	466		or a transcript of a medical license, certificate, or diploma that
468	467		has been:
469	468		(A) fraudulently purchased or issued;
470	469		(B) counterfeited; or
471	470		(C) materially altered;
472	471		(11) impersonates or acts as proxy for another person
473	472		in an examination required by this subtitle for a medical license;
474	473		(12) engages in conduct that subverts or attempts to
475	474		subvert an examination process required by this subtitle for a
476	475		medical license;
477	476		(13) impersonates a physician or permits another to
478	477		use the person's license or certificate to practice medicine in
479	478		this state;
480	479		(14) directly or indirectly employs a person whose
481	480		license to practice medicine has been suspended, canceled, or
482	481		revoked;
483	482		(15) associates in the practice of medicine with a
484	483		person:
485	484		(A) whose license to practice medicine has been
486	485		suspended, canceled, or revoked; or
487	486		(B) who has been convicted of the unlawful
488	487		practice of medicine in this state or elsewhere;
489	488		(16) performs or procures a criminal abortion, aids or
490	489		abets in the procuring of a criminal abortion, attempts to perform
491	490		or procure a criminal abortion, or attempts to aid or abet the
492	491		performance or procurement of a criminal abortion;
493	492		(17) directly or indirectly aids or abets the practice
494	493		of medicine by a person, partnership, association, or corporation
495	494		that is not licensed to practice medicine by the board;
496	495		(18) performs an abortion on a woman who is pregnant
497	496		with a viable preborn [unborn] child during the third trimester of
498	497		the pregnancy unless[:
499	498		[(A)] the abortion is necessary due to a medical
500	499		emergency, as defined by Section 171.002, Health and Safety Code
501	500		[to prevent the death of the woman;
502	501		[(B) the viable unborn child has a severe,
503	502		irreversible brain impairment; or
504	503		[(C) the woman is diagnosed with a significant
505	504		likelihood of suffering imminent severe, irreversible brain damage
506	505		or imminent severe, irreversible paralysis];
507	506		(19) performs an abortion on an unemancipated minor
508	507		without the written consent of the child's parent, managing
509	508		conservator, or legal guardian or without a court order, as
510	509		provided by Section 33.003 or 33.004, Family Code, unless the
511	510		abortion is necessary due to a medical emergency, as defined by
512	511		Section 171.002, Health and Safety Code;
513	512		(20) otherwise performs an abortion on an
514	513		unemancipated minor in violation of Chapter 33, Family Code; [or]
515	514		(21) performs or induces or attempts to perform or
516	515		induce an abortion in violation of Subchapter C, F, or G, Chapter
517	516		171, Health and Safety Code; or
518	517		(22) performs or attempts to perform an abortion or
519	518		engages in other conduct in violation of Section 170.052, Health
520	519		and Safety Code.
521	520		SECTION 16. Section 164.055(b), Occupations Code, is
522	521		amended to read as follows:
523	522		(b) The sanctions provided by Subsection (a) are in addition
524	523		to any other grounds for refusal to admit persons to examination
525	524		under this subtitle or to issue a license or renew a license to
526	525		practice medicine under this subtitle. The criminal penalties
527	526		provided by Section 165.152 do not apply to a violation of Section
528	527		170.002 or 170.052, Health and Safety Code, or Subchapter C, F, or
529	528		G, Chapter 171, Health and Safety Code.
530	529		SECTION 17. The following provisions of the Health and
531	530		Safety Code are repealed:
532	531		(1) Section 171.046(c); and
533	532		(2) Sections 285.202(a-1) and (a-2).
534	533		SECTION 18. Not later than December 1, 2019:
535	534		(1) the Health and Human Services Commission shall:
536	535		(A) develop the perinatal palliative care
537	536		informational materials, list of perinatal palliative care
538	537		providers and programs, and perinatal palliative care
539	538		certification form required by Subchapter X, Chapter 161, Health
540	539		and Safety Code, as added by this Act; and
541	540		(B) update any forms and informational materials
542	541		under Subchapter B, Chapter 171, Health and Safety Code, as amended
543	542		by this Act; and
544	543		(2) the executive commissioner of the Health and Human
545	544		Services Commission shall adopt any rules necessary to implement
546	545		Subchapter X, Chapter 161, Health and Safety Code, as added by this
547	546		Act, and Subchapter B, Chapter 171, Health and Safety Code, as
548	547		amended by this Act.
549	548		SECTION 19. (a) Subchapter X, Chapter 161, Health and
550	549		Safety Code, as added by this Act, applies only to a diagnosis of a
551	550		life-threatening disability of a pregnant woman's preborn child
552	551		made on or after January 1, 2020.
553	552		(b) The changes in law made by this Act to Chapters 170 and
554	553		171, Health and Safety Code, and Chapter 164, Occupations Code,
555	554		apply only to an abortion performed or other conduct that occurred
556	555		on or after January 1, 2020. An abortion performed or other conduct
557	556		that occurred before that date is governed by the law in effect
558	557		immediately before the effective date of this Act, and that law is
559	558		continued in effect for that purpose.
560	559		SECTION 20. It is the intent of the legislature that every
561	560		provision, section, subsection, sentence, clause, phrase, or word
562	561		in this Act, and every application of the provisions in this Act to
563	562		each person or entity, are severable from each other. If any
564	563		application of any provision in this Act to any person, group of
565	564		persons, or circumstances is found by a court to be invalid for any
566	565		reason, the remaining applications of that provision to all other
567	566		persons and circumstances shall be severed and may not be affected.
568	567		SECTION 21. This Act takes effect September 1, 2019.