Texas 2019 - 86th Regular

Texas Senate Bill SB150 Compare Versions

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

Old	New	Differences
1	1	86R1737 SCL-F
2	2	By: Rodríguez S.B. No. 150
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Whole Woman's Health Act.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. (a) This Act shall be known as the Whole Woman's
10	10	Health Act.
11	11	(b) The legislature finds that:
12	12	(1) comprehensive reproductive health care, including
13	13	safe abortion, is a vital component of a woman's overall health and
14	14	of her social and economic equality;
15	15	(2) abortion is one of the safest medical procedures
16	16	in the United States, as demonstrated by available data, including
17	17	from the federal Centers for Disease Control and Prevention,
18	18	showing abortion has a more than 99 percent safety record;
19	19	(3) any regulation of medical care must have a
20	20	legitimate purpose and advance the goals of improving the quality
21	21	of care and increasing access to care;
22	22	(4) the United States Supreme Court held more than 40
23	23	years ago in Roe v. Wade that access to an abortion is a
24	24	constitutional right and that states may not prohibit abortion
25	25	before viability;
26	26	(5) the right to an abortion has been upheld in
27	27	multiple decisions issued by the United States Supreme Court,
28	28	including in the 1992 case Planned Parenthood v. Casey and most
29	29	recently in the landmark decision Whole Woman's Health v.
30	30	Hellerstedt;
31	31	(6) in Whole Woman's Health, the court held that the
32	32	United States Constitution "requires that courts consider the
33	33	burdens a law imposes on abortion access together with the benefits
34	34	those laws confer";
35	35	(7) in Whole Woman's Health, the court further held
36	36	that courts, "when determining the constitutionality of laws
37	37	regulating abortion procedures," must place "considerable weight
38	38	upon evidence . . . presented";
39	39	(8) applying the standard described in Subdivision (7)
40	40	of this section in Whole Woman's Health, the court struck down two
41	41	provisions of Chapter 1 (H.B. 2), Acts of the 83rd Legislature, 2nd
42	42	Called Session, 2013, that were designed to close abortion clinics
43	43	in the state and that the court concluded provided few, if any,
44	44	health benefits for women;
45	45	(9) Justice Ruth Bader Ginsburg concluded in Whole
46	46	Woman's Health given the safety of abortion, "it is beyond rational
47	47	belief that H.B. 2 could genuinely protect the health of women, and
48	48	certain that the law 'would simply make it more difficult for them
49	49	to obtain abortions'";
50	50	(10) Justice Ruth Bader Ginsburg also observed
51	51	abortion restrictions that "'do little or nothing for health, but
52	52	rather strew impediments to abortion' . . . cannot survive judicial
53	53	inspection";
54	54	(11) according to the American College of
55	55	Obstetricians and Gynecologists, American Medical Association,
56	56	American Academy of Family Physicians, and American Osteopathic
57	57	Association, which are leading public health organizations and
58	58	amici curiae for the petitioners in Whole Woman's Health,
59	59	"[w]omen's access to high-quality, evidence-based abortion care
60	60	should not be limited by laws enacted under the guise of patient
61	61	safety but that, in fact, harm women's health"; and
62	62	(12) the 334 restrictions on abortion providers and
63	63	their patients adopted nationally since 2011 and the 13 onerous
64	64	restrictions enacted in this state based on pretextual reasons are
65	65	just a systematic attempt to eliminate access to safe and legal
66	66	medical care.
67	67	(c) In accordance with the United States Constitution, it is
68	68	the intent of the legislature to prevent the enforcement of laws or
69	69	regulations that burden abortion access and do not provide
70	70	legitimate health benefits.
71	71	SECTION 2. The heading to Chapter 170, Health and Safety
72	72	Code, is amended to read as follows:
73	73	CHAPTER 170. PROHIBITED ACTS REGARDING ABORTION AND RIGHT TO
74	74	ABORTION
75	75	SECTION 3. Chapter 170, Health and Safety Code, is amended
76	76	by adding Sections 170.003 and 170.004 to read as follows:
77	77	Sec. 170.003. RIGHT TO ABORTION. (a) Every woman in this
78	78	state has the fundamental right to choose to obtain a safe and legal
79	79	abortion.
80	80	(b) This state or a political subdivision of this state may
81	81	not prohibit a woman from obtaining an abortion at any time
82	82	throughout her pregnancy if the termination is necessary, in the
83	83	professional judgment of a physician, to protect the woman's life
84	84	or health.
85	85	Sec. 170.004. PROHIBITED ABORTION LAWS; CIVIL ACTION;
86	86	WAIVER OF IMMUNITY. (a) Notwithstanding any other law, this state
87	87	or a political subdivision of this state may not enforce a law on
88	88	abortion that places a burden on a woman's access to abortion and
89	89	does not confer any legitimate health benefit to the woman.
90	90	(b) For purposes of Subsection (a), a law places a burden on
91	91	access to abortion if the law:
92	92	(1) forces abortion providers to close;
93	93	(2) increases the time a woman is required to wait to
94	94	obtain an abortion;
95	95	(3) requires a meaningful increase in the distance a
96	96	woman is required to travel to access care;
97	97	(4) requires medically unnecessary visits to a health
98	98	care facility;
99	99	(5) requires a health care provider to perform a
100	100	medical or health care service the provider would not otherwise
101	101	perform;
102	102	(6) increases risks to a woman's health;
103	103	(7) causes a meaningful increase in the cost of an
104	104	abortion procedure;
105	105	(8) is enacted solely for the purpose of stigmatizing
106	106	abortion patients and abortion providers; or
107	107	(9) has as its sole purpose or effect decreasing or
108	108	eliminating access to abortion.
109	109	(c) For purposes of Subsection (a), a law confers a
110	110	legitimate health benefit if the law:
111	111	(1) expands a woman's access to medical or health care
112	112	services; or
113	113	(2) increases an abortion patient's safety according
114	114	to evidence-based research.
115	115	(d) A person who is aggrieved by this state's or a political
116	116	subdivision's violation of Subsection (a) may bring a civil action
117	117	against this state or the political subdivision for injunctive
118	118	relief and damages incurred as a result of the violation. Sovereign
119	119	immunity of this state and governmental immunity of the political
120	120	subdivision from suit and to liability are waived and abolished to
121	121	the extent of liability created under this subsection.
122	122	SECTION 4. Section 171.003, Health and Safety Code, is
123	123	amended to read as follows:
124	124	Sec. 171.003. PERSONS WHO MAY [PHYSICIAN TO] PERFORM
125	125	ABORTION. An abortion may be performed only by:
126	126	(1) a physician licensed to practice medicine in this
127	127	state;
128	128	(2) a nurse licensed under Subtitle E, Title 3,
129	129	Occupations Code, who is operating within the nurse's scope of
130	130	practice; or
131	131	(3) a physician assistant licensed under Chapter 204,
132	132	Occupations Code, who is operating within the physician assistant's
133	133	scope of practice.
134	134	SECTION 5. Section 245.002, Health and Safety Code, is
135	135	amended by amending Subdivision (1) and adding Subdivision (3) to
136	136	read as follows:
137	137	(1) "Abortion" means an act or procedure performed
138	138	after pregnancy has been medically verified and with the intent to
139	139	cause the termination of a pregnancy other than for the purpose of
140	140	either the birth of a live fetus or the removal of a dead fetus [the
141	141	act of using or prescribing an instrument, a drug, a medicine, or
142	142	any other substance, device, or means with the intent to cause the
143	143	death of an unborn child of a woman known to be pregnant]. The term
144	144	does not include birth control devices or oral contraceptives. [An
145	145	act is not an abortion if the act is done with the intent to:
146	146	[(A) save the life or preserve the health of an
147	147	unborn child;
148	148	[(B) remove a dead, unborn child whose death was
149	149	caused by spontaneous abortion; or
150	150	[(C) remove an ectopic pregnancy.]
151	151	(3) "Commission" means the Health and Human Services
152	152	Commission.
153	153	SECTION 6. Section 245.005(e), Health and Safety Code, is
154	154	amended to read as follows:
155	155	(e) As a condition for renewal of a license, the licensee
156	156	must submit to the commission [department] the annual license
157	157	renewal fee and an annual report, including the report required
158	158	under Section 245.011.
159	159	SECTION 7. The heading to Section 245.010, Health and
160	160	Safety Code, is amended to read as follows:
161	161	Sec. 245.010. PERSONS WHO MAY PERFORM ABORTION [MINIMUM
162	162	STANDARDS].
163	163	SECTION 8. Section 245.010(b), Health and Safety Code, is
164	164	amended to read as follows:
165	165	(b) Only a physician as defined by Subtitle B, Title 3,
166	166	Occupations Code, a nurse licensed under Subtitle E, Title 3,
167	167	Occupations Code, who is operating within the nurse's scope of
168	168	practice, or a physician assistant licensed under Chapter 204,
169	169	Occupations Code, who is operating within the physician assistant's
170	170	scope of practice may perform an abortion.
171	171	SECTION 9. Sections 245.011(a) and (b), Health and Safety
172	172	Code, are amended to read as follows:
173	173	(a) Each [A physician who performs an abortion at an]
174	174	abortion facility must [complete and] submit an annual [a monthly]
175	175	report to the commission [department] on each abortion performed
176	176	[by the physician] at the abortion facility. The report must be
177	177	submitted on a form provided by the commission [department].
178	178	(b) The report may not identify by any means the physician
179	179	performing the abortion or the patient.
180	180	SECTION 10. Section 164.052(a), Occupations Code, is
181	181	amended to read as follows:
182	182	(a) A physician or an applicant for a license to practice
183	183	medicine commits a prohibited practice if that person:
184	184	(1) submits to the board a false or misleading
185	185	statement, document, or certificate in an application for a
186	186	license;
187	187	(2) presents to the board a license, certificate, or
188	188	diploma that was illegally or fraudulently obtained;
189	189	(3) commits fraud or deception in taking or passing an
190	190	examination;
191	191	(4) uses alcohol or drugs in an intemperate manner
192	192	that, in the board's opinion, could endanger a patient's life;
193	193	(5) commits unprofessional or dishonorable conduct
194	194	that is likely to deceive or defraud the public, as provided by
195	195	Section 164.053, or injure the public;
196	196	(6) uses an advertising statement that is false,
197	197	misleading, or deceptive;
198	198	(7) advertises professional superiority or the
199	199	performance of professional service in a superior manner if that
200	200	advertising is not readily subject to verification;
201	201	(8) purchases, sells, barters, or uses, or offers to
202	202	purchase, sell, barter, or use, a medical degree, license,
203	203	certificate, or diploma, or a transcript of a license, certificate,
204	204	or diploma in or incident to an application to the board for a
205	205	license to practice medicine;
206	206	(9) alters, with fraudulent intent, a medical license,
207	207	certificate, or diploma, or a transcript of a medical license,
208	208	certificate, or diploma;
209	209	(10) uses a medical license, certificate, or diploma,
210	210	or a transcript of a medical license, certificate, or diploma that
211	211	has been:
212	212	(A) fraudulently purchased or issued;
213	213	(B) counterfeited; or
214	214	(C) materially altered;
215	215	(11) impersonates or acts as proxy for another person
216	216	in an examination required by this subtitle for a medical license;
217	217	(12) engages in conduct that subverts or attempts to
218	218	subvert an examination process required by this subtitle for a
219	219	medical license;
220	220	(13) impersonates a physician or permits another to
221	221	use the person's license or certificate to practice medicine in
222	222	this state;
223	223	(14) directly or indirectly employs a person whose
224	224	license to practice medicine has been suspended, canceled, or
225	225	revoked;
226	226	(15) associates in the practice of medicine with a
227	227	person:
228	228	(A) whose license to practice medicine has been
229	229	suspended, canceled, or revoked; or
230	230	(B) who has been convicted of the unlawful
231	231	practice of medicine in this state or elsewhere;
232	232	(16) performs or procures a criminal abortion, aids or
233	233	abets in the procuring of a criminal abortion, attempts to perform
234	234	or procure a criminal abortion, or attempts to aid or abet the
235	235	performance or procurement of a criminal abortion;
236	236	(17) directly or indirectly aids or abets the practice
237	237	of medicine by a person, partnership, association, or corporation
238	238	that is not licensed to practice medicine by the board;
239	239	(18) performs an abortion on a woman who is pregnant
240	240	with a viable unborn child during the third trimester of the
241	241	pregnancy unless:
242	242	(A) the abortion is necessary to protect the
243	243	health or prevent the death of the woman;
244	244	(B) the viable unborn child has a severe,
245	245	irreversible brain impairment; or
246	246	(C) the woman is diagnosed with a significant
247	247	likelihood of suffering imminent severe, irreversible brain damage
248	248	or imminent severe, irreversible paralysis;
249	249	(19) performs an abortion on an unemancipated minor
250	250	without the written consent of the child's parent, managing
251	251	conservator, or legal guardian or without a court order, as
252	252	provided by Section 33.003 or 33.004, Family Code, unless the
253	253	abortion is necessary due to a medical emergency, as defined by
254	254	Section 171.002, Health and Safety Code; or
255	255	(20) otherwise performs an abortion on an
256	256	unemancipated minor in violation of Chapter 33, Family Code[; or
257	257	[(21) performs or induces or attempts to perform or
258	258	induce an abortion in violation of Subchapter C, F, or G, Chapter
259	259	171, Health and Safety Code].
260	260	SECTION 11. Section 164.055(b), Occupations Code, is
261	261	amended to read as follows:
262	262	(b) The sanctions provided by Subsection (a) are in addition
263	263	to any other grounds for refusal to admit persons to examination
264	264	under this subtitle or to issue a license or renew a license to
265	265	practice medicine under this subtitle. The criminal penalties
266	266	provided by Section 165.152 do not apply to a violation of Section
267	267	170.002 [, Health and Safety Code, or Subchapter C, F, or G, Chapter
268	268	171], Health and Safety Code.
269	269	SECTION 12. The following provisions are repealed:
270	270	(1) Section 32.005, Health and Safety Code;
271	271	(2) Sections 171.0031, 171.004, 171.006, as added by
272	272	Chapter 4 (H.B. 13), Acts of the 85th Legislature, Regular Session,
273	273	2017, 171.006, as added by Chapter 9 (H.B. 215), Acts of the 85th
274	274	Legislature, Regular Session, 2017, 171.012, 171.0121, 171.0122,
275	275	171.0123, 171.013, 171.014, 171.015, 171.016, 171.017, and
276	276	171.018, Health and Safety Code;
277	277	(3) Subchapters C, D, F, and G, Chapter 171, Health and
278	278	Safety Code;
279	279	(4) Chapter 173, Health and Safety Code;
280	280	(5) Sections 241.007, 243.017, 245.002(4-a), 245.004,
281	281	as amended by Chapter 198 (H.B. 2292), Acts of the 78th Legislature,
282	282	Regular Session, 2003, 245.010(a), 245.011(f) and (g), 245.0115,
283	283	245.0116, and 245.024, Health and Safety Code;
284	284	(6) Chapter 697, Health and Safety Code;
285	285	(7) Chapter 1218, Insurance Code;
286	286	(8) Subtitle M, Title 8, Insurance Code;
287	287	(9) Section 164.0551, Occupations Code; and
288	288	(10) Sections 48.03(a) and (d), Penal Code, as added
289	289	by Chapter 441 (S.B. 8), Acts of the 85th Legislature, Regular
290	290	Session, 2017.
291	291	SECTION 13. The changes in law made by this Act apply only
292	292	to an abortion performed on or after the effective date of this Act.
293	293	An abortion performed before the effective date of this Act is
294	294	governed by the law applicable to the abortion immediately before
295	295	the effective date of this Act, and that law is continued in effect
296	296	for that purpose.
297	297	SECTION 14. This Act takes effect immediately if it
298	298	receives a vote of two-thirds of all the members elected to each
299	299	house, as provided by Section 39, Article III, Texas Constitution.
300	300	If this Act does not receive the vote necessary for immediate
301	301	effect, this Act takes effect September 1, 2019.