Texas 2021 - 87th Regular

Texas House Bill HB1165 Compare Versions

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

Old	New	Differences
1	1	87R5512 SCL-D
2	2	By: Slawson H.B. No. 1165
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting abortions after detection of an unborn
8	8	child's heartbeat; authorizing an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 171, Health and Safety Code, is amended
11	11	by adding Subchapter H to read as follows:
12	12	SUBCHAPTER H. DETECTION OF FETAL HEARTBEAT
13	13	Sec. 171.201. DEFINITIONS. In this subchapter:
14	14	(1) "Fetal heartbeat" means cardiac activity or the
15	15	steady and repetitive rhythmic contraction of the fetal heart
16	16	within the gestational sac.
17	17	(2) "Gestational age" means the time elapsed from the
18	18	first day of a woman's last menstrual period.
19	19	(3) "Gestational sac" means the structure comprising
20	20	the extraembryonic membranes enveloping the unborn child that is
21	21	typically visible by ultrasound after the fourth week of pregnancy.
22	22	(4) "Physician" means an individual licensed to
23	23	practice medicine in this state, including a medical doctor and a
24	24	doctor of osteopathic medicine.
25	25	(5) "Pregnancy" means the human female reproductive
26	26	condition that:
27	27	(A) begins with fertilization;
28	28	(B) occurs when the woman is carrying the
29	29	developing human offspring; and
30	30	(C) is calculated from the first day of the
31	31	woman's last menstrual period.
32	32	(6) "Standard medical practice" means the degree of
33	33	skill, care, and diligence that a physician of the same medical
34	34	specialty would employ in similar circumstances.
35	35	(7) "Unborn child" means an offspring of human beings
36	36	from fertilization until birth.
37	37	Sec. 171.202. DETERMINATION OF PRESENCE OF FETAL HEARTBEAT
38	38	REQUIRED; RECORD. (a) Except as provided by Section 171.204, a
39	39	physician may not intentionally perform or induce an abortion on a
40	40	pregnant woman unless the physician first determines, in accordance
41	41	with this section, whether the woman's unborn child has a
42	42	detectable fetal heartbeat.
43	43	(b) In making a determination under Subsection (a), the
44	44	physician must use a test that is:
45	45	(1) consistent with the physician's good faith
46	46	understanding of standard medical practice;
47	47	(2) consistent with rules adopted under this
48	48	subchapter; and
49	49	(3) appropriate for the estimated gestational age of
50	50	the unborn child and the condition of the pregnant woman and her
51	51	pregnancy.
52	52	(c) A physician making a determination under Subsection (a)
53	53	shall record in the pregnant woman's medical record the estimated
54	54	gestational age of the unborn child, the test used for detecting a
55	55	fetal heartbeat, the date and time of the test, and the results of
56	56	the test.
57	57	(d) The executive commissioner may adopt rules specifying
58	58	the appropriate tests to be used in determining the presence of a
59	59	fetal heartbeat based on standard medical practice.
60	60	Sec. 171.203. ABORTION OF UNBORN CHILD WITH DETECTABLE
61	61	FETAL HEARTBEAT PROHIBITED. (a) Except as provided by Section
62	62	171.204, a physician may not intentionally perform or induce an
63	63	abortion on a pregnant woman with the specific intent of causing or
64	64	abetting the termination of the life of the woman's unborn child if
65	65	the physician detected a fetal heartbeat for the unborn child under
66	66	Section 171.202 or failed to perform a test to detect a fetal
67	67	heartbeat.
68	68	(b) A physician does not violate this section if the
69	69	physician performed a test for a fetal heartbeat under Section
70	70	171.202 and did not detect a fetal heartbeat.
71	71	(c) This section does not affect the provisions of this
72	72	chapter that restrict or regulate an abortion by a particular
73	73	method or during a particular stage of pregnancy.
74	74	Sec. 171.204. EXCEPTION FOR MEDICAL EMERGENCY; RECORDS.
75	75	(a) This subchapter does not apply if a physician believes a
76	76	medical emergency exists that prevents compliance with this
77	77	subchapter.
78	78	(b) A physician who performs or induces an abortion under
79	79	circumstances described by Subsection (a) shall make written
80	80	notations in the pregnant woman's medical record of:
81	81	(1) the physician's belief that a medical emergency
82	82	necessitated the abortion; and
83	83	(2) the medical condition of the pregnant woman that
84	84	prevented compliance with this subchapter.
85	85	(c) A physician performing or inducing an abortion under
86	86	this section shall maintain in the physician's practice records a
87	87	copy of the notations made under Subsection (b) until the seventh
88	88	anniversary of the date that the abortion is performed or induced.
89	89	Sec. 171.205. ADMINISTRATIVE PENALTY. The Texas Medical
90	90	Board may take disciplinary action under Chapter 164, Occupations
91	91	Code, or assess an administrative penalty under Subchapter A,
92	92	Chapter 165, Occupations Code, against a person who violates this
93	93	subchapter.
94	94	SECTION 2. Subchapter A, Chapter 171, Health and Safety
95	95	Code, is amended by adding Section 171.008 to read as follows:
96	96	Sec. 171.008. REQUIRED DOCUMENTATION. (a) If an abortion
97	97	is performed or induced on a pregnant woman because of a medical
98	98	emergency, the physician who performs or induces the abortion shall
99	99	execute a written document that certifies the abortion is necessary
100	100	due to a medical emergency and specifies the woman's medical
101	101	condition requiring the abortion.
102	102	(b) A physician shall:
103	103	(1) place the document described by Subsection (a) in
104	104	the pregnant woman's medical record; and
105	105	(2) maintain a copy of the document described by
106	106	Subsection (a) in the physician's practice records until the
107	107	seventh anniversary of the date that the document is executed.
108	108	SECTION 3. Section 245.011(c), Health and Safety Code, is
109	109	amended to read as follows:
110	110	(c) The report must include:
111	111	(1) whether the abortion facility at which the
112	112	abortion is performed is licensed under this chapter;
113	113	(2) the patient's year of birth, race, marital status,
114	114	and state and county of residence;
115	115	(3) the type of abortion procedure;
116	116	(4) the date the abortion was performed;
117	117	(5) whether the patient survived the abortion, and if
118	118	the patient did not survive, the cause of death;
119	119	(6) the probable post-fertilization age of the unborn
120	120	child based on the best medical judgment of the attending physician
121	121	at the time of the procedure;
122	122	(7) the date, if known, of the patient's last menstrual
123	123	cycle;
124	124	(8) the number of previous live births of the patient;
125	125	[and]
126	126	(9) the number of previous induced abortions of the
127	127	patient;
128	128	(10) whether the abortion was performed or induced
129	129	because of a medical emergency and any medical condition of the
130	130	pregnant woman that required the abortion;
131	131	(11) whether the physician made a determination of the
132	132	presence of a fetal heartbeat in accordance with Section 171.202;
133	133	and
134	134	(12) whether the physician performed or induced the
135	135	abortion under circumstances described by Section 171.204.
136	136	SECTION 4. The change in law made by this Act applies only
137	137	to an abortion performed or induced on or after the effective date
138	138	of this Act.
139	139	SECTION 5. This Act takes effect September 1, 2021.