87R3357 SCL-F
By: Leman H.B. No. 1229
A BILL TO BE ENTITLED
AN ACT
relating to abortion safety; authorizing an administrative
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.006(b), Health and Safety Code, as
added by Chapter 4 (H.B. 13), Acts of the 85th Legislature, 1st
Called Session, 2017, is amended to read as follows:
(b) The reporting requirements of this section apply only
to:
(1) a physician who:
(A) performs at an abortion facility an abortion
that results in an abortion complication diagnosed or treated by
that physician; or
(B) diagnoses or treats [at an abortion facility]
an abortion complication that is the result of an abortion
performed by another physician [at the facility]; or
(2) a health care facility that is a hospital,
abortion facility, freestanding emergency medical care facility,
or health care facility that provides emergency medical care, as
defined by Section 773.003.
SECTION 2. Subchapter A, Chapter 171, Health and Safety
Code, is amended by adding Section 171.008 to read as follows:
Sec. 171.008. REQUIRED FOLLOW-UP APPOINTMENT. (a) A
physician who performs an abortion or gives, sells, dispenses,
administers, provides, or prescribes an abortion-inducing drug, as
defined by Section 171.061, or the physician's agent, must schedule
a follow-up appointment for the woman on a date not more than 14
days after the date the abortion is performed or the drug is
administered or used. At the appointment, the physician must:
(1) confirm the woman's pregnancy is completely
terminated; and
(2) assess any continued blood loss.
(b) The Texas Medical Board may take disciplinary action
under Chapter 164, Occupations Code, or assess an administrative
penalty under Subchapter A, Chapter 165, Occupations Code, against
a physician who violates Subsection (a).
(c) A penalty may not be assessed against a pregnant woman
who receives an abortion.
SECTION 3. Subdivision (3), Section 171.061, Health and
Safety Code, is redesignated as Subdivision (8-a), Section 171.061,
Health and Safety Code, and amended to read as follows:
(8-a) "Printed [(3) "Final printed] label" [or "FPL"]
means the informational document approved by the United States Food
and Drug Administration for an abortion-inducing drug that:
(A) outlines the protocol authorized by that
agency and agreed to by the drug company applying for authorization
of the drug by that agency; and
(B) delineates how a drug is to be used according
to approval by that agency.
SECTION 4. Sections 171.063(a), (d), and (f), Health and
Safety Code, are amended to read as follows:
(a) A person may not knowingly give, sell, dispense,
administer, provide, or prescribe an abortion-inducing drug to a
pregnant woman for the purpose of inducing an abortion in the
pregnant woman or enabling another person to induce an abortion in
the pregnant woman unless:
(1) the person who gives, sells, dispenses,
administers, provides, or prescribes the abortion-inducing drug is
a physician; and
(2) except as otherwise provided by Subsection (b),
the provision, prescription, or administration of the
abortion-inducing drug satisfies the protocol tested and
authorized by the United States Food and Drug Administration as
outlined in the [final] printed label of the abortion-inducing drug
as of January 1, 2021.
(d) The physician who gives, sells, dispenses, administers,
provides, or prescribes an abortion-inducing drug shall provide the
pregnant woman with:
(1) a copy of the [final] printed label of that
abortion-inducing drug as of January 1, 2021; and
(2) a telephone number by which the pregnant woman may
reach the physician, or other health care personnel employed by the
physician or by the facility at which the abortion was performed
with access to the woman's relevant medical records, 24 hours a day
to request assistance for any complications that arise from the
administration or use of the drug or ask health-related questions
regarding the administration or use of the drug.
(f) The physician who gives, sells, dispenses, administers,
provides, or prescribes the abortion-inducing drug, or the
physician's agent, shall make a reasonable effort to ensure that
the woman returns for the scheduled follow-up appointment [visit]
under Section 171.008 [Subsection (e)]. The physician or the
physician's agent shall document a brief description of any effort
made to comply with this subsection, including the date, time, and
name of the person making the effort, in the woman's medical record.
SECTION 5. Section 171.063(e), Health and Safety Code, is
repealed.
SECTION 6. The changes in law made by this Act apply only to
an abortion performed or induced on or after the effective date of
this Act. An abortion performed or induced before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 7. This Act takes effect September 1, 2021.