Texas 2021 - 87th Regular

Texas House Bill HB1229 Compare Versions

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

Old	New	Differences
1	1	87R3357 SCL-F
2	2	By: Leman H.B. No. 1229
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abortion safety; authorizing an administrative
8	8	penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 171.006(b), Health and Safety Code, as
11	11	added by Chapter 4 (H.B. 13), Acts of the 85th Legislature, 1st
12	12	Called Session, 2017, is amended to read as follows:
13	13	(b) The reporting requirements of this section apply only
14	14	to:
15	15	(1) a physician who:
16	16	(A) performs at an abortion facility an abortion
17	17	that results in an abortion complication diagnosed or treated by
18	18	that physician; or
19	19	(B) diagnoses or treats [at an abortion facility]
20	20	an abortion complication that is the result of an abortion
21	21	performed by another physician [at the facility]; or
22	22	(2) a health care facility that is a hospital,
23	23	abortion facility, freestanding emergency medical care facility,
24	24	or health care facility that provides emergency medical care, as
25	25	defined by Section 773.003.
26	26	SECTION 2. Subchapter A, Chapter 171, Health and Safety
27	27	Code, is amended by adding Section 171.008 to read as follows:
28	28	Sec. 171.008. REQUIRED FOLLOW-UP APPOINTMENT. (a) A
29	29	physician who performs an abortion or gives, sells, dispenses,
30	30	administers, provides, or prescribes an abortion-inducing drug, as
31	31	defined by Section 171.061, or the physician's agent, must schedule
32	32	a follow-up appointment for the woman on a date not more than 14
33	33	days after the date the abortion is performed or the drug is
34	34	administered or used. At the appointment, the physician must:
35	35	(1) confirm the woman's pregnancy is completely
36	36	terminated; and
37	37	(2) assess any continued blood loss.
38	38	(b) The Texas Medical Board may take disciplinary action
39	39	under Chapter 164, Occupations Code, or assess an administrative
40	40	penalty under Subchapter A, Chapter 165, Occupations Code, against
41	41	a physician who violates Subsection (a).
42	42	(c) A penalty may not be assessed against a pregnant woman
43	43	who receives an abortion.
44	44	SECTION 3. Subdivision (3), Section 171.061, Health and
45	45	Safety Code, is redesignated as Subdivision (8-a), Section 171.061,
46	46	Health and Safety Code, and amended to read as follows:
47	47	(8-a) "Printed [(3) "Final printed] label" [or "FPL"]
48	48	means the informational document approved by the United States Food
49	49	and Drug Administration for an abortion-inducing drug that:
50	50	(A) outlines the protocol authorized by that
51	51	agency and agreed to by the drug company applying for authorization
52	52	of the drug by that agency; and
53	53	(B) delineates how a drug is to be used according
54	54	to approval by that agency.
55	55	SECTION 4. Sections 171.063(a), (d), and (f), Health and
56	56	Safety Code, are amended to read as follows:
57	57	(a) A person may not knowingly give, sell, dispense,
58	58	administer, provide, or prescribe an abortion-inducing drug to a
59	59	pregnant woman for the purpose of inducing an abortion in the
60	60	pregnant woman or enabling another person to induce an abortion in
61	61	the pregnant woman unless:
62	62	(1) the person who gives, sells, dispenses,
63	63	administers, provides, or prescribes the abortion-inducing drug is
64	64	a physician; and
65	65	(2) except as otherwise provided by Subsection (b),
66	66	the provision, prescription, or administration of the
67	67	abortion-inducing drug satisfies the protocol tested and
68	68	authorized by the United States Food and Drug Administration as
69	69	outlined in the [final] printed label of the abortion-inducing drug
70	70	as of January 1, 2021.
71	71	(d) The physician who gives, sells, dispenses, administers,
72	72	provides, or prescribes an abortion-inducing drug shall provide the
73	73	pregnant woman with:
74	74	(1) a copy of the [final] printed label of that
75	75	abortion-inducing drug as of January 1, 2021; and
76	76	(2) a telephone number by which the pregnant woman may
77	77	reach the physician, or other health care personnel employed by the
78	78	physician or by the facility at which the abortion was performed
79	79	with access to the woman's relevant medical records, 24 hours a day
80	80	to request assistance for any complications that arise from the
81	81	administration or use of the drug or ask health-related questions
82	82	regarding the administration or use of the drug.
83	83	(f) The physician who gives, sells, dispenses, administers,
84	84	provides, or prescribes the abortion-inducing drug, or the
85	85	physician's agent, shall make a reasonable effort to ensure that
86	86	the woman returns for the scheduled follow-up appointment [visit]
87	87	under Section 171.008 [Subsection (e)]. The physician or the
88	88	physician's agent shall document a brief description of any effort
89	89	made to comply with this subsection, including the date, time, and
90	90	name of the person making the effort, in the woman's medical record.
91	91	SECTION 5. Section 171.063(e), Health and Safety Code, is
92	92	repealed.
93	93	SECTION 6. The changes in law made by this Act apply only to
94	94	an abortion performed or induced on or after the effective date of
95	95	this Act. An abortion performed or induced before the effective
96	96	date of this Act is governed by the law in effect immediately before
97	97	the effective date of this Act, and that law is continued in effect
98	98	for that purpose.
99	99	SECTION 7. This Act takes effect September 1, 2021.