Texas 2021 - 87th Regular

Texas House Bill HB4389 Compare Versions

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1	1	By: Howard H.B. No. 4389
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to repealing or replacing medically unnecessary and
7	7	outdated abortion restrictions.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Abortion is Health
10	10	Care Act.
11	11	(b) The legislature finds that:
12	12	(1) comprehensive reproductive health care, including
13	13	safe abortion, is a vital component of a person's overall health and
14	14	of their social and economic equality;
15	15	(2) abortion is one of the safest medical procedures
16	16	in the United States, as demonstrated by available data, including
17	17	from the federal Centers for Disease Control and Prevention,
18	18	showing abortion has a more than 99 percent safety record;
19	19	(3) any regulation of medical care must have a
20	20	legitimate purpose and advance the goals of improving the quality
21	21	of care and increasing access to care;
22	22	(4) according to the American College of Obstetricians
23	23	and Gynecologists, American Medical Association, American Academy
24	24	of Family Physicians, and American Osteopathic Association,
25	25	"[w]omen's access to high-quality, evidence-based abortion care
26	26	should not be limited by laws enacted under the guise of patient
27	27	safety but that, in fact, harm women's health"; and
28	28	(5) the 334 restrictions on abortion providers and
29	29	their patients adopted nationally since 2011 and the onerous
30	30	restrictions enacted in this state based on pretextual reasons are
31	31	a systematic attempt to eliminate access to safe and legal medical
32	32	care.
33	33	SECTION 2. The following provisions are repealed:
34	34	(1) Chapter 33, Family Code;
35	35	(2) Sections 151.002(c), (d), (e), (f), and (g),
36	36	Family Code;
37	37	(3) Section 32.005, Health and Safety Code;
38	38	(4) Sections 171.002(3) and (4), Health and Safety
39	39	Code;
40	40	(5) Section 171.0031, Health and Safety Code;
41	41	(6) Section 171.004, Health and Safety Code;
42	42	(7) Section 171.005, Health and Safety Code;
43	43	(8) Section 171.006, Health and Safety Code, as added
44	44	by Chapter 4 (H.B. 13), Acts of the 85th Legislature, First Called
45	45	Session, 2017;
46	46	(9) Section 171.006, Health and Safety Code, as added
47	47	by Chapter 9 (H.B. 215), Acts of the 85th Legislature, First Called
48	48	Session, 2017;
49	49	(10) Section 171.012, Health and Safety Code;
50	50	(11) Section 171.0121, Health and Safety Code;
51	51	(12) Section 171.0122, Health and Safety Code;
52	52	(13) Section 171.0123, Health and Safety Code;
53	53	(14) Section 171.0124, Health and Safety Code;
54	54	(15) Section 171.013, Health and Safety Code;
55	55	(16) Section 171.014, Health and Safety Code;
56	56	(17) Section 171.015, Health and Safety Code;
57	57	(18) Section 171.016, Health and Safety Code;
58	58	(19) Section 171.017, Health and Safety Code;
59	59	(20) Section 171.018, Health and Safety Code;
60	60	(21) Subchapters C, D, F, and G, Chapter 171, Health
61	61	and Safety Code;
62	62	(22) Section 241.007, Health and Safety Code;
63	63	(23) Section 243.017, Health and Safety Code;
64	64	(24) Section 245.010, Health and Safety Code;
65	65	(25) Section 245.011(f) and (g), Health and Safety
66	66	Code;
67	67	(26) Section 245.0116, Health and Safety Code;
68	68	(27) Section 245.024, Health and Safety Code;
69	69	(28) Chapter 697, Health and Safety Code;
70	70	(29) Section 32.024(c-1), Human Resources Code;
71	71	(30) Chapter 1218, Insurance Code;
72	72	(31) Chapter 1696, Insurance Code;
73	73	(32) Subtitle M, Title 8, Insurance Code;
74	74	(33) Chapter 103, Occupations Code;
75	75	(34) Section 111.005(c), Occupations Code; and
76	76	(35) Section 164.0551, Occupations Code.
77	77	SECTION 3. Section 32.003(a), Family Code, is amended to
78	78	read as follows:
79	79	(a) A child may consent to medical, dental, psychological,
80	80	and surgical treatment for the child by a licensed physician or
81	81	dentist if the child:
82	82	(1) is on active duty with the armed services of the
83	83	United States of America;
84	84	(2) is:
85	85	(A) 16 years of age or older and resides separate
86	86	and apart from the child's parents, managing conservator, or
87	87	guardian, with or without the consent of the parents, managing
88	88	conservator, or guardian and regardless of the duration of the
89	89	residence; and
90	90	(B) managing the child's own financial affairs,
91	91	regardless of the source of the income;
92	92	(3) consents to the diagnosis and treatment of an
93	93	infectious, contagious, or communicable disease that is required by
94	94	law or a rule to be reported by the licensed physician or dentist to
95	95	a local health officer or the Texas Department of Health, including
96	96	all diseases within the scope of Section 81.041, Health and Safety
97	97	Code;
98	98	(4) is unmarried and pregnant and consents to
99	99	hospital, medical, or surgical treatment[, other than abortion,]
100	100	related to the pregnancy;
101	101	(5) consents to examination and treatment for drug or
102	102	chemical addiction, drug or chemical dependency, or any other
103	103	condition directly related to drug or chemical use;
104	104	(6) is unmarried, is the parent of a child, and has
105	105	actual custody of his or her child and consents to medical, dental,
106	106	psychological, or surgical treatment for the child; or
107	107	(7) is serving a term of confinement in a facility
108	108	operated by or under contract with the Texas Department of Criminal
109	109	Justice[, unless the treatment would constitute a prohibited
110	110	practice under Section 164.052(a)(19), Occupations Code].
111	111	SECTION 4. The heading to Section 151.002, Family Code, is
112	112	amended to read as follows:
113	113	Sec. 151.002. RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR
114	114	PREMATURE BIRTH[; CIVIL PENALTY; CRIMINAL OFFENSE].
115	115	SECTION 5. Section 266.010(a), Family Code, is amended to
116	116	read as follows:
117	117	(a) A foster child who is at least 16 years of age may
118	118	consent to the provision of medical care[, except as provided by
119	119	Chapter 33,] if the court with continuing jurisdiction determines
120	120	that the child has the capacity to consent to medical care. If the
121	121	child provides consent by signing a consent form, the form must be
122	122	written in language the child can understand.
123	123	SECTION 6. Section 501.065, Government Code, is amended to
124	124	read as follows:
125	125	Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,
126	126	AND SURGICAL TREATMENT. An inmate who is younger than 18 years of
127	127	age and is confined in a facility operated by or under contract with
128	128	the department may, in accordance with procedures established by
129	129	the department, consent to medical, dental, psychological, and
130	130	surgical treatment for the inmate by a licensed health care
131	131	practitioner, or a person under the direction of a licensed health
132	132	care practitioner[, unless the treatment would constitute a
133	133	prohibited practice under Section 164.052(a)(19), Occupations
134	134	Code].
135	135	SECTION 7. Section 2272.002(b), Government Code, as added
136	136	by Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular
137	137	Session, 2019, is amended to read as follows:
138	138	(b) For purposes of this chapter, a facility is not
139	139	considered to be an abortion provider solely based on the
140	140	performance of an abortion at the facility during a medical
141	141	emergency [as defined by Section 171.002, Health and Safety Code].
142	142	In this subsection, "medical emergency" means a life-threatening
143	143	physical condition aggravated by, caused by, or arising from a
144	144	pregnancy that, as certified by a physician, places the woman in
145	145	danger of death or a serious risk of substantial impairment of a
146	146	major bodily function unless an abortion is performed.
147	147	SECTION 8. Section 171.003, Health and Safety Code, is
148	148	amended to read as follows:
149	149	Sec. 171.003. PERSONS AUTHORIZED [PHYSICIAN] TO PERFORM OR
150	150	INDUCE ABORTION. An abortion may be performed or induced only by:
151	151	(1) a physician licensed to practice medicine in this
152	152	state;
153	153	(2) a nurse licensed under Subtitle E, Title 3,
154	154	Occupations Code, who is operating within the nurse's scope of
155	155	practice; or
156	156	(3) a physician assistant licensed under Chapter 204,
157	157	Occupations Code, who is operating within the physician assistant's
158	158	scope of practice.
159	159	SECTION 9. Section 245.002, Health and Safety Code, is
160	160	amended by amending Subdivision (1) and adding Subdivision (3) to
161	161	read as follows:
162	162	(1) "Abortion" means an act or procedure performed
163	163	after pregnancy has been medically verified and with the intent to
164	164	cause the termination of a pregnancy other than for the purpose of
165	165	either the birth of a live fetus or the removal of a dead fetus [the
166	166	act of using or prescribing an instrument, a drug, a medicine, or
167	167	any other substance, device, or means with the intent to cause the
168	168	death of an unborn child of a woman known to be pregnant]. The term
169	169	does not include birth control devices or oral contraceptives. [An
170	170	act is not an abortion if the act is done with the intent to:
171	171	[(A) save the life or preserve the health of an
172	172	unborn child;
173	173	[(B) remove a dead, unborn child whose death was
174	174	caused by spontaneous abortion; or
175	175	[(C) remove an ectopic pregnancy.]
176	176	(3) "Commission" means the Health and Human Services
177	177	Commission.
178	178	SECTION 10. Section 245.005(e), Health and Safety Code, is
179	179	amended to read as follows:
180	180	(e) As a condition for renewal of a license, the licensee
181	181	must submit to the commission [department] the annual license
182	182	renewal fee and an annual report, including the report required
183	183	under Section 245.011.
184	184	SECTION 11. Section 245.006(a), Health and Safety Code, is
185	185	amended to read as follows:
186	186	(a) The department shall inspect an abortion facility at
187	187	random, unannounced, and reasonable times as necessary to ensure
188	188	compliance with this chapter and Section 171.011 [, Subchapter B,
189	189	Chapter 171, and Chapter 33, Family Code].
190	190	SECTION 12. The heading to Section 245.010, Health and
191	191	Safety Code, is amended to read as follows:
192	192	Sec. 245.010. PERSONS AUTHORIZED TO PERFORM OR INDUCE
193	193	ABORTION [MINIMUM STANDARDS].
194	194	SECTION 13. Section 245.010(b), Health and Safety Code, is
195	195	amended to read as follows:
196	196	(b) Only the following persons may perform or induce an
197	197	abortion:
198	198	(1) a physician as defined by Subtitle B, Title 3,
199	199	Occupations Code;
200	200	(2) a nurse licensed under Subtitle E, Title 3,
201	201	Occupations Code, who is operating within the nurse's scope of
202	202	practice; or
203	203	(3) a physician assistant licensed under Chapter 204,
204	204	Occupations Code, who is operating within the physician assistant's
205	205	scope of practice [, may perform an abortion].
206	206	SECTION 14. Sections 245.011(a) and (b), Health and Safety
207	207	Code, are amended to read as follows:
208	208	(a) Each [A physician who performs an abortion at an]
209	209	abortion facility must [complete and] submit a monthly report to
210	210	the commission [department] on each abortion performed [by the
211	211	physician] at the abortion facility. The report must be submitted
212	212	on a form provided by the commission [department].
213	213	(b) The report may not identify by any means the person
214	214	performing the abortion or the patient.
215	215	SECTION 15. Section 164.052(a), Occupations Code, is
216	216	amended to read as follows:
217	217	(a) A physician or an applicant for a license to practice
218	218	medicine commits a prohibited practice if that person:
219	219	(1) submits to the board a false or misleading
220	220	statement, document, or certificate in an application for a
221	221	license;
222	222	(2) presents to the board a license, certificate, or
223	223	diploma that was illegally or fraudulently obtained;
224	224	(3) commits fraud or deception in taking or passing an
225	225	examination;
226	226	(4) uses alcohol or drugs in an intemperate manner
227	227	that, in the board's opinion, could endanger a patient's life;
228	228	(5) commits unprofessional or dishonorable conduct
229	229	that is likely to deceive or defraud the public, as provided by
230	230	Section 164.053, or injure the public;
231	231	(6) uses an advertising statement that is false,
232	232	misleading, or deceptive;
233	233	(7) advertises professional superiority or the
234	234	performance of professional service in a superior manner if that
235	235	advertising is not readily subject to verification;
236	236	(8) purchases, sells, barters, or uses, or offers to
237	237	purchase, sell, barter, or use, a medical degree, license,
238	238	certificate, or diploma, or a transcript of a license, certificate,
239	239	or diploma in or incident to an application to the board for a
240	240	license to practice medicine;
241	241	(9) alters, with fraudulent intent, a medical license,
242	242	certificate, or diploma, or a transcript of a medical license,
243	243	certificate, or diploma;
244	244	(10) uses a medical license, certificate, or diploma,
245	245	or a transcript of a medical license, certificate, or diploma that
246	246	has been:
247	247	(A) fraudulently purchased or issued;
248	248	(B) counterfeited; or
249	249	(C) materially altered;
250	250	(11) impersonates or acts as proxy for another person
251	251	in an examination required by this subtitle for a medical license;
252	252	(12) engages in conduct that subverts or attempts to
253	253	subvert an examination process required by this subtitle for a
254	254	medical license;
255	255	(13) impersonates a physician or permits another to
256	256	use the person's license or certificate to practice medicine in
257	257	this state;
258	258	(14) directly or indirectly employs a person whose
259	259	license to practice medicine has been suspended, canceled, or
260	260	revoked;
261	261	(15) associates in the practice of medicine with a
262	262	person:
263	263	(A) whose license to practice medicine has been
264	264	suspended, canceled, or revoked; or
265	265	(B) who has been convicted of the unlawful
266	266	practice of medicine in this state or elsewhere;
267	267	(16) performs or procures a criminal abortion, aids or
268	268	abets in the procuring of a criminal abortion, attempts to perform
269	269	or procure a criminal abortion, or attempts to aid or abet the
270	270	performance or procurement of a criminal abortion;
271	271	(17) directly or indirectly aids or abets the practice
272	272	of medicine by a person, partnership, association, or corporation
273	273	that is not licensed to practice medicine by the board;
274	274	(18) performs an abortion on a pregnant patient
275	275	[woman] who is pregnant with a viable [unborn child] fetus during
276	276	the third trimester of the pregnancy unless:
277	277	(A) the abortion is necessary to protect the
278	278	health or prevent the death of the pregnant patient [woman];
279	279	(B) the [viable] fetus [unborn child] has a
280	280	severe, irreversible brain impairment; or
281	281	(C) the pregnant patient [woman] is diagnosed
282	282	with a significant likelihood of suffering imminent severe,
283	283	irreversible brain damage or imminent severe, irreversible
284	284	paralysis; or
285	285	(19) [performs an abortion on an unemancipated minor
286	286	without the written consent of the child's parent, managing
287	287	conservator, or legal guardian or without a court order, as
288	288	provided by Section 33.003 or 33.004, Family Code, unless the
289	289	abortion is necessary due to a medical emergency, as defined by
290	290	Section 171.002, Health and Safety Code;
291	291	[(20) otherwise performs an abortion on an
292	292	unemancipated minor in violation of Chapter 33, Family Code;
293	293	[(21) performs or induces or attempts to perform or
294	294	induce an abortion in violation of Subchapter C, F, or G, Chapter
295	295	171, Health and Safety Code; or
296	296	[(22)] in complying with the procedures outlined in
297	297	Sections 166.045 and 166.046, Health and Safety Code, wilfully
298	298	fails to make a reasonable effort to transfer a patient to a
299	299	physician who is willing to comply with a directive.
300	300	SECTION 16. Section 164.055(b), Occupations Code, is
301	301	amended to read as follows:
302	302	(b) The sanctions provided by Subsection (a) are in addition
303	303	to any other grounds for refusal to admit persons to examination
304	304	under this subtitle or to issue a license or renew a license to
305	305	practice medicine under this subtitle. The criminal penalties
306	306	provided by Section 165.152 do not apply to a violation of Section
307	307	170.002, Health and Safety Code[, or Subchapter C, F, or G, Chapter
308	308	171, Health and Safety Code].
309	309	SECTION 17. The changes in law made by this Act apply only
310	310	to an abortion performed or induced on or after the effective date
311	311	of this Act. An abortion performed or induced before the effective
312	312	date of this Act is governed by the law applicable to the abortion
313	313	immediately before the effective date of this Act, and that law is
314	314	continued in effect for that purpose.
315	315	SECTION 18. This Act takes effect September 1, 2021.