Texas 2021 - 87th Regular

Texas House Bill HB1432 Compare Versions

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

Old	New	Differences
1	1	87R5117 KKR-D
2	2	By: Shaheen H.B. No. 1432
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting certain discriminatory abortions;
8	8	authorizing disciplinary action; authorizing an administrative
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 170, Health and Safety Code, is amended
12	12	by designating Sections 170.001 and 170.002 as Subchapter A and
13	13	adding a subchapter heading to read as follows:
14	14	SUBCHAPTER A. GENERAL PROVISIONS; POST-VIABILITY ABORTION
15	15	PROHIBITED
16	16	SECTION 2. Chapter 170, Health and Safety Code, is amended
17	17	by adding Subchapter B to read as follows:
18	18	SUBCHAPTER B. DISCRIMINATORY ABORTION PROHIBITED
19	19	Sec. 170.051. DISCRIMINATORY ABORTION. A person may not:
20	20	(1) knowingly perform, induce, or attempt to perform
21	21	or induce on a pregnant woman an abortion based on the race,
22	22	ethnicity, or national origin of the unborn child; or
23	23	(2) recommend an abortion based on the race,
24	24	ethnicity, or national origin of an unborn child.
25	25	Sec. 170.052. LICENSE SUSPENSION OR REVOCATION. A
26	26	physician who violates Section 170.051 engages in unprofessional
27	27	conduct for which the physician's license may be suspended or
28	28	revoked under Chapter 164, Occupations Code.
29	29	Sec. 170.053. ABORTION FACILITY; ADMINISTRATIVE PENALTY.
30	30	The commission may impose an administrative penalty, in the amount
31	31	determined by the commission, against an abortion facility licensed
32	32	under Chapter 245 that violates Section 170.051 as if the facility
33	33	had violated the facility's applicable licensing law.
34	34	SECTION 3. Section 164.052(a), Occupations Code, is amended
35	35	to read as follows:
36	36	(a) A physician or an applicant for a license to practice
37	37	medicine commits a prohibited practice if that person:
38	38	(1) submits to the board a false or misleading
39	39	statement, document, or certificate in an application for a
40	40	license;
41	41	(2) presents to the board a license, certificate, or
42	42	diploma that was illegally or fraudulently obtained;
43	43	(3) commits fraud or deception in taking or passing an
44	44	examination;
45	45	(4) uses alcohol or drugs in an intemperate manner
46	46	that, in the board's opinion, could endanger a patient's life;
47	47	(5) commits unprofessional or dishonorable conduct
48	48	that is likely to deceive or defraud the public, as provided by
49	49	Section 164.053, or injure the public;
50	50	(6) uses an advertising statement that is false,
51	51	misleading, or deceptive;
52	52	(7) advertises professional superiority or the
53	53	performance of professional service in a superior manner if that
54	54	advertising is not readily subject to verification;
55	55	(8) purchases, sells, barters, or uses, or offers to
56	56	purchase, sell, barter, or use, a medical degree, license,
57	57	certificate, or diploma, or a transcript of a license, certificate,
58	58	or diploma in or incident to an application to the board for a
59	59	license to practice medicine;
60	60	(9) alters, with fraudulent intent, a medical license,
61	61	certificate, or diploma, or a transcript of a medical license,
62	62	certificate, or diploma;
63	63	(10) uses a medical license, certificate, or diploma,
64	64	or a transcript of a medical license, certificate, or diploma that
65	65	has been:
66	66	(A) fraudulently purchased or issued;
67	67	(B) counterfeited; or
68	68	(C) materially altered;
69	69	(11) impersonates or acts as proxy for another person
70	70	in an examination required by this subtitle for a medical license;
71	71	(12) engages in conduct that subverts or attempts to
72	72	subvert an examination process required by this subtitle for a
73	73	medical license;
74	74	(13) impersonates a physician or permits another to
75	75	use the person's license or certificate to practice medicine in
76	76	this state;
77	77	(14) directly or indirectly employs a person whose
78	78	license to practice medicine has been suspended, canceled, or
79	79	revoked;
80	80	(15) associates in the practice of medicine with a
81	81	person:
82	82	(A) whose license to practice medicine has been
83	83	suspended, canceled, or revoked; or
84	84	(B) who has been convicted of the unlawful
85	85	practice of medicine in this state or elsewhere;
86	86	(16) performs or procures a criminal abortion, aids or
87	87	abets in the procuring of a criminal abortion, attempts to perform
88	88	or procure a criminal abortion, or attempts to aid or abet the
89	89	performance or procurement of a criminal abortion;
90	90	(17) directly or indirectly aids or abets the practice
91	91	of medicine by a person, partnership, association, or corporation
92	92	that is not licensed to practice medicine by the board;
93	93	(18) performs an abortion on a woman who is pregnant
94	94	with a viable unborn child during the third trimester of the
95	95	pregnancy unless:
96	96	(A) the abortion is necessary to prevent the
97	97	death of the woman;
98	98	(B) the viable unborn child has a severe,
99	99	irreversible brain impairment; or
100	100	(C) the woman is diagnosed with a significant
101	101	likelihood of suffering imminent severe, irreversible brain damage
102	102	or imminent severe, irreversible paralysis;
103	103	(19) performs an abortion on an unemancipated minor
104	104	without the written consent of the child's parent, managing
105	105	conservator, or legal guardian or without a court order, as
106	106	provided by Section 33.003 or 33.004, Family Code, unless the
107	107	abortion is necessary due to a medical emergency, as defined by
108	108	Section 171.002, Health and Safety Code;
109	109	(20) otherwise performs an abortion on an
110	110	unemancipated minor in violation of Chapter 33, Family Code;
111	111	(21) performs, [or] induces, or attempts to perform or
112	112	induce an abortion in violation of Subchapter C, F, or G, Chapter
113	113	171, Health and Safety Code; [or]
114	114	(22) in complying with the procedures outlined in
115	115	Sections 166.045 and 166.046, Health and Safety Code, wilfully
116	116	fails to make a reasonable effort to transfer a patient to a
117	117	physician who is willing to comply with a directive; or
118	118	(23) performs, induces, or attempts to perform or
119	119	induce an abortion or engages in other conduct in violation of
120	120	Section 170.051, Health and Safety Code.
121	121	SECTION 4. Section 164.055(b), Occupations Code, is amended
122	122	to read as follows:
123	123	(b) The sanctions provided by Subsection (a) are in addition
124	124	to any other grounds for refusal to admit persons to examination
125	125	under this subtitle or to issue a license or renew a license to
126	126	practice medicine under this subtitle. The criminal penalties
127	127	provided by Section 165.152 do not apply to a violation of Section
128	128	170.002 or 170.051, Health and Safety Code, or Subchapter C, F, or
129	129	G, Chapter 171, Health and Safety Code.
130	130	SECTION 5. The changes in law made by this Act to Chapter
131	131	170, Health and Safety Code, and Chapter 164, Occupations Code,
132	132	apply only to an abortion performed, induced, or attempted or other
133	133	conduct that occurs on or after the effective date of this Act. An
134	134	abortion performed, induced, or attempted or other conduct that
135	135	occurred before that date is governed by the law in effect
136	136	immediately before the effective date of this Act, and that law is
137	137	continued in effect for that purpose.
138	138	SECTION 6. This Act takes effect September 1, 2021.