87R5117 KKR-D
By: Shaheen H.B. No. 1432
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain discriminatory abortions;
authorizing disciplinary action; authorizing an administrative
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 170, Health and Safety Code, is amended
by designating Sections 170.001 and 170.002 as Subchapter A and
adding a subchapter heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS; POST-VIABILITY ABORTION
PROHIBITED
SECTION 2. Chapter 170, Health and Safety Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. DISCRIMINATORY ABORTION PROHIBITED
Sec. 170.051. DISCRIMINATORY ABORTION. A person may not:
(1) knowingly perform, induce, or attempt to perform
or induce on a pregnant woman an abortion based on the race,
ethnicity, or national origin of the unborn child; or
(2) recommend an abortion based on the race,
ethnicity, or national origin of an unborn child.
Sec. 170.052. LICENSE SUSPENSION OR REVOCATION. A
physician who violates Section 170.051 engages in unprofessional
conduct for which the physician's license may be suspended or
revoked under Chapter 164, Occupations Code.
Sec. 170.053. ABORTION FACILITY; ADMINISTRATIVE PENALTY.
The commission may impose an administrative penalty, in the amount
determined by the commission, against an abortion facility licensed
under Chapter 245 that violates Section 170.051 as if the facility
had violated the facility's applicable licensing law.
SECTION 3. Section 164.052(a), Occupations Code, is amended
to read as follows:
(a) A physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
(1) submits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2) presents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3) commits fraud or deception in taking or passing an
examination;
(4) uses alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(5) commits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6) uses an advertising statement that is false,
misleading, or deceptive;
(7) advertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a medical degree, license,
certificate, or diploma, or a transcript of a license, certificate,
or diploma in or incident to an application to the board for a
license to practice medicine;
(9) alters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10) uses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
has been:
(A) fraudulently purchased or issued;
(B) counterfeited; or
(C) materially altered;
(11) impersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12) engages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13) impersonates a physician or permits another to
use the person's license or certificate to practice medicine in
this state;
(14) directly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15) associates in the practice of medicine with a
person:
(A) whose license to practice medicine has been
suspended, canceled, or revoked; or
(B) who has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16) performs or procures a criminal abortion, aids or
abets in the procuring of a criminal abortion, attempts to perform
or procure a criminal abortion, or attempts to aid or abet the
performance or procurement of a criminal abortion;
(17) directly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
that is not licensed to practice medicine by the board;
(18) performs an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A) the abortion is necessary to prevent the
death of the woman;
(B) the viable unborn child has a severe,
irreversible brain impairment; or
(C) the woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19) performs an abortion on an unemancipated minor
without the written consent of the child's parent, managing
conservator, or legal guardian or without a court order, as
provided by Section 33.003 or 33.004, Family Code, unless the
abortion is necessary due to a medical emergency, as defined by
Section 171.002, Health and Safety Code;
(20) otherwise performs an abortion on an
unemancipated minor in violation of Chapter 33, Family Code;
(21) performs, [or] induces, or attempts to perform or
induce an abortion in violation of Subchapter C, F, or G, Chapter
171, Health and Safety Code; [or]
(22) in complying with the procedures outlined in
Sections 166.045 and 166.046, Health and Safety Code, wilfully
fails to make a reasonable effort to transfer a patient to a
physician who is willing to comply with a directive; or
(23) performs, induces, or attempts to perform or
induce an abortion or engages in other conduct in violation of
Section 170.051, Health and Safety Code.
SECTION 4. Section 164.055(b), Occupations Code, is amended
to read as follows:
(b) The sanctions provided by Subsection (a) are in addition
to any other grounds for refusal to admit persons to examination
under this subtitle or to issue a license or renew a license to
practice medicine under this subtitle. The criminal penalties
provided by Section 165.152 do not apply to a violation of Section
170.002 or 170.051, Health and Safety Code, or Subchapter C, F, or
G, Chapter 171, Health and Safety Code.
SECTION 5. The changes in law made by this Act to Chapter
170, Health and Safety Code, and Chapter 164, Occupations Code,
apply only to an abortion performed, induced, or attempted or other
conduct that occurs on or after the effective date of this Act. An
abortion performed, induced, or attempted or other conduct that
occurred before that date 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 6. This Act takes effect September 1, 2021.