Texas 2023 - 88th Regular

Texas House Bill HB2538 Compare Versions

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1	1	88R9985 JG-D
2	2	By: Leo-Wilson H.B. No. 2538
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the repeal of provisions related to notice and consent
8	8	to an abortion on a minor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 266.010(a), Family Code, is amended to
11	11	read as follows:
12	12	(a) A foster child who is at least 16 years of age may
13	13	consent to the provision of medical care[, except as provided by
14	14	Chapter 33,] if the court with continuing jurisdiction determines
15	15	that the child has the capacity to consent to medical care. If the
16	16	child provides consent by signing a consent form, the form must be
17	17	written in language the child can understand.
18	18	SECTION 2. Section 171.006(a), Health and Safety Code, as
19	19	added by Chapter 9, (H.B. 215), Acts of the 85th Legislature, 1st
20	20	Called Session, 2017, is amended to read as follows:
21	21	(a) For each abortion performed on a woman who is younger
22	22	than 18 years of age, the physician who performed the abortion shall
23	23	document in the woman's medical record and report to the commission
24	24	in the report required under Section 245.011:
25	25	(1) one of the following methods for obtaining
26	26	authorization for the abortion:
27	27	(A) the woman's parent, managing conservator, or
28	28	legal guardian provided the written consent required by Section
29	29	164.052(a)(19), Occupations Code;
30	30	(B) [the woman obtained judicial authorization
31	31	under Section 33.003 or 33.004, Family Code;
32	32	[(C)] the woman consented to the abortion if the
33	33	woman has had the disabilities of minority removed and is
34	34	authorized under law to have the abortion without the written
35	35	consent required by Section 164.052(a)(19), Occupations Code[, or
36	36	without judicial authorization under Section 33.003 or 33.004,
37	37	Family Code]; or
38	38	(C) [(D)] the physician concluded and documented
39	39	in writing in the woman's medical record that on the basis of the
40	40	physician's good faith clinical judgment:
41	41	(i) a condition existed that complicated
42	42	the medical condition of the woman and necessitated the immediate
43	43	abortion of the woman's pregnancy to avert the woman's death or to
44	44	avoid a serious risk of substantial impairment of a major bodily
45	45	function; and
46	46	(ii) there was insufficient time to obtain
47	47	the consent of the woman's parent, managing conservator, or legal
48	48	guardian; and
49	49	(2) if the woman's parent, managing conservator, or
50	50	legal guardian provided the written consent described by
51	51	Subdivision (1)(A), whether the consent was given:
52	52	(A) in person at the location where the abortion
53	53	was performed; or
54	54	(B) at a place other than the location where the
55	55	abortion was performed[; and
56	56	[(3) if the woman obtained the judicial authorization
57	57	described by Subdivision (1)(B):
58	58	[(A) if applicable, the process the physician or
59	59	physician's agent used to inform the woman of the availability of
60	60	petitioning for judicial authorization as an alternative to the
61	61	written consent required by Section 164.052(a)(19), Occupations
62	62	Code;
63	63	[(B) whether the court forms were provided to the
64	64	woman by the physician or the physician's agent;
65	65	[(C) whether the physician or the physician's
66	66	agent made arrangements for the woman's court appearance; and
67	67	[(D) if known, whether the woman became pregnant
68	68	while in foster care or in the managing conservatorship of the
69	69	Department of Family and Protective Services].
70	70	SECTION 3. Section 171.012(a), Health and Safety Code, is
71	71	amended to read as follows:
72	72	(a) Consent to an abortion is voluntary and informed only
73	73	if:
74	74	(1) the physician who is to perform or induce the
75	75	abortion informs the pregnant woman on whom the abortion is to be
76	76	performed or induced of:
77	77	(A) the physician's name;
78	78	(B) the particular medical risks associated with
79	79	the particular abortion procedure to be employed, including, when
80	80	medically accurate:
81	81	(i) the risks of infection and hemorrhage;
82	82	(ii) the potential danger to a subsequent
83	83	pregnancy and of infertility; and
84	84	(iii) the possibility of increased risk of
85	85	breast cancer following an induced abortion and the natural
86	86	protective effect of a completed pregnancy in avoiding breast
87	87	cancer;
88	88	(C) the probable gestational age of the unborn
89	89	child at the time the abortion is to be performed or induced; and
90	90	(D) the medical risks associated with carrying
91	91	the child to term;
92	92	(2) the physician who is to perform or induce the
93	93	abortion or the physician's agent informs the pregnant woman that:
94	94	(A) medical assistance benefits may be available
95	95	for prenatal care, childbirth, and neonatal care;
96	96	(B) the father is liable for assistance in the
97	97	support of the child without regard to whether the father has
98	98	offered to pay for the abortion; and
99	99	(C) public and private agencies provide
100	100	pregnancy prevention counseling and medical referrals for
101	101	obtaining pregnancy prevention medications or devices, including
102	102	emergency contraception for victims of rape or incest;
103	103	(3) the physician who is to perform or induce the
104	104	abortion or the physician's agent:
105	105	(A) provides the pregnant woman with the printed
106	106	materials described by Section 171.014; and
107	107	(B) informs the pregnant woman that those
108	108	materials:
109	109	(i) have been provided by the commission;
110	110	(ii) are accessible on an Internet website
111	111	sponsored by the commission;
112	112	(iii) describe the unborn child and list
113	113	agencies that offer alternatives to abortion; and
114	114	(iv) include a list of agencies that offer
115	115	sonogram services at no cost to the pregnant woman;
116	116	(4) before any sedative or anesthesia is administered
117	117	to the pregnant woman and at least 24 hours before the abortion or
118	118	at least two hours before the abortion if the pregnant woman waives
119	119	this requirement by certifying that she currently lives 100 miles
120	120	or more from the nearest abortion provider that is a facility
121	121	licensed under Chapter 245 or a facility that performs more than 50
122	122	abortions in any 12-month period:
123	123	(A) the physician who is to perform or induce the
124	124	abortion or an agent of the physician who is also a sonographer
125	125	certified by a national registry of medical sonographers performs a
126	126	sonogram on the pregnant woman on whom the abortion is to be
127	127	performed or induced;
128	128	(B) the physician who is to perform or induce the
129	129	abortion displays the sonogram images in a quality consistent with
130	130	current medical practice in a manner that the pregnant woman may
131	131	view them;
132	132	(C) the physician who is to perform or induce the
133	133	abortion provides, in a manner understandable to a layperson, a
134	134	verbal explanation of the results of the sonogram images, including
135	135	a medical description of the dimensions of the embryo or fetus, the
136	136	presence of cardiac activity, and the presence of external members
137	137	and internal organs; and
138	138	(D) the physician who is to perform or induce the
139	139	abortion or an agent of the physician who is also a sonographer
140	140	certified by a national registry of medical sonographers makes
141	141	audible the heart auscultation for the pregnant woman to hear, if
142	142	present, in a quality consistent with current medical practice and
143	143	provides, in a manner understandable to a layperson, a simultaneous
144	144	verbal explanation of the heart auscultation;
145	145	(5) before receiving a sonogram under Subdivision
146	146	(4)(A) and before the abortion is performed or induced and before
147	147	any sedative or anesthesia is administered, the pregnant woman
148	148	completes and certifies with her signature an election form that
149	149	states as follows:
150	150	"ABORTION AND SONOGRAM ELECTION
151	151	(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY
152	152	SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN
153	153	PROVIDED AND EXPLAINED TO ME.
154	154	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN
155	155	ABORTION.
156	156	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR
157	157	TO RECEIVING AN ABORTION.
158	158	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE
159	159	SONOGRAM IMAGES.
160	160	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE
161	161	HEARTBEAT.
162	162	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN
163	163	EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO
164	164	ONE OF THE FOLLOWING:
165	165	___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
166	166	INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN
167	167	REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN
168	168	REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT
169	169	RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
170	170	[___ I AM A MINOR AND OBTAINING AN ABORTION IN
171	171	ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS
172	172	FAMILY CODE.]
173	173	___ MY UNBORN CHILD HAS AN IRREVERSIBLE MEDICAL
174	174	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC
175	175	PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE.
176	176	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND
177	177	WITHOUT COERCION.
178	178	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE
179	179	NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER
180	180	245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE
181	181	THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
182	182	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR
183	183	MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED
184	184	UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS
185	185	IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS
186	186	AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION
187	187	PROCEDURE. MY PLACE OF RESIDENCE IS:__________.
188	188	____________________ ____________________
189	189	SIGNATURE DATE";
190	190	(6) before the abortion is performed or induced, the
191	191	physician who is to perform or induce the abortion receives a copy
192	192	of the signed, written certification required by Subdivision (5);
193	193	and
194	194	(7) the pregnant woman is provided the name of each
195	195	person who provides or explains the information required under this
196	196	subsection.
197	197	SECTION 4. Section 171.0122(d), Health and Safety Code, is
198	198	amended to read as follows:
199	199	(d) A pregnant woman may choose not to receive the verbal
200	200	explanation of the results of the sonogram images under Section
201	201	171.012(a)(4)(C) if:
202	202	(1) the woman's pregnancy is a result of a sexual
203	203	assault, incest, or other violation of the Penal Code that has been
204	204	reported to law enforcement authorities or that has not been
205	205	reported because she has a reason that she declines to reveal
206	206	because she reasonably believes that to do so would put her at risk
207	207	of retaliation resulting in serious bodily injury; or
208	208	(2) [the woman is a minor and obtaining an abortion in
209	209	accordance with judicial bypass procedures under Chapter 33, Family
210	210	Code; or
211	211	[(3)] the fetus has an irreversible medical condition
212	212	or abnormality, as previously identified by reliable diagnostic
213	213	procedures and documented in the woman's medical file.
214	214	SECTION 5. Section 245.006(a), Health and Safety Code, is
215	215	amended to read as follows:
216	216	(a) The department shall inspect an abortion facility at
217	217	random, unannounced, and reasonable times as necessary to ensure
218	218	compliance with this chapter and [,] Subchapter B, Chapter 171[,
219	219	and Chapter 33, Family Code].
220	220	SECTION 6. Section 164.052(a), Occupations Code, is amended
221	221	to read as follows:
222	222	(a) A physician or an applicant for a license to practice
223	223	medicine commits a prohibited practice if that person:
224	224	(1) submits to the board a false or misleading
225	225	statement, document, or certificate in an application for a
226	226	license;
227	227	(2) presents to the board a license, certificate, or
228	228	diploma that was illegally or fraudulently obtained;
229	229	(3) commits fraud or deception in taking or passing an
230	230	examination;
231	231	(4) uses alcohol or drugs in an intemperate manner
232	232	that, in the board's opinion, could endanger a patient's life;
233	233	(5) commits unprofessional or dishonorable conduct
234	234	that is likely to deceive or defraud the public, as provided by
235	235	Section 164.053, or injure the public;
236	236	(6) uses an advertising statement that is false,
237	237	misleading, or deceptive;
238	238	(7) advertises professional superiority or the
239	239	performance of professional service in a superior manner if that
240	240	advertising is not readily subject to verification;
241	241	(8) purchases, sells, barters, or uses, or offers to
242	242	purchase, sell, barter, or use, a medical degree, license,
243	243	certificate, or diploma, or a transcript of a license, certificate,
244	244	or diploma in or incident to an application to the board for a
245	245	license to practice medicine;
246	246	(9) alters, with fraudulent intent, a medical license,
247	247	certificate, or diploma, or a transcript of a medical license,
248	248	certificate, or diploma;
249	249	(10) uses a medical license, certificate, or diploma,
250	250	or a transcript of a medical license, certificate, or diploma that
251	251	has been:
252	252	(A) fraudulently purchased or issued;
253	253	(B) counterfeited; or
254	254	(C) materially altered;
255	255	(11) impersonates or acts as proxy for another person
256	256	in an examination required by this subtitle for a medical license;
257	257	(12) engages in conduct that subverts or attempts to
258	258	subvert an examination process required by this subtitle for a
259	259	medical license;
260	260	(13) impersonates a physician or permits another to
261	261	use the person's license or certificate to practice medicine in
262	262	this state;
263	263	(14) directly or indirectly employs a person whose
264	264	license to practice medicine has been suspended, canceled, or
265	265	revoked;
266	266	(15) associates in the practice of medicine with a
267	267	person:
268	268	(A) whose license to practice medicine has been
269	269	suspended, canceled, or revoked; or
270	270	(B) who has been convicted of the unlawful
271	271	practice of medicine in this state or elsewhere;
272	272	(16) performs or procures a criminal abortion, aids or
273	273	abets in the procuring of a criminal abortion, attempts to perform
274	274	or procure a criminal abortion, or attempts to aid or abet the
275	275	performance or procurement of a criminal abortion;
276	276	(17) directly or indirectly aids or abets the practice
277	277	of medicine by a person, partnership, association, or corporation
278	278	that is not licensed to practice medicine by the board;
279	279	(18) performs an abortion on a woman who is pregnant
280	280	with a viable unborn child during the third trimester of the
281	281	pregnancy unless:
282	282	(A) the abortion is necessary to prevent the
283	283	death of the woman;
284	284	(B) the viable unborn child has a severe,
285	285	irreversible brain impairment; or
286	286	(C) the woman is diagnosed with a significant
287	287	likelihood of suffering imminent severe, irreversible brain damage
288	288	or imminent severe, irreversible paralysis;
289	289	(19) performs an abortion on an unemancipated minor
290	290	without the written consent of the child's parent, managing
291	291	conservator, or legal guardian [or without a court order, as
292	292	provided by Section 33.003 or 33.004, Family Code], unless the
293	293	abortion is necessary due to a medical emergency, as defined by
294	294	Section 171.002, Health and Safety Code;
295	295	(20) [otherwise performs an abortion on an
296	296	unemancipated minor in violation of Chapter 33, Family Code;
297	297	[(21)] performs or induces or attempts to perform or
298	298	induce an abortion in violation of Subchapter C, F, or G, Chapter
299	299	171, Health and Safety Code;
300	300	(21) [(22)] in complying with the procedures outlined
301	301	in Sections 166.045 and 166.046, Health and Safety Code, wilfully
302	302	fails to make a reasonable effort to transfer a patient to a
303	303	physician who is willing to comply with a directive; or
304	304	(22) [(23)] performs or delegates to another
305	305	individual the performance of a pelvic examination on an
306	306	anesthetized or unconscious patient in violation of Section
307	307	167A.002, Health and Safety Code.
308	308	SECTION 7. The following provisions are repealed:
309	309	(1) Chapter 33, Family Code;
310	310	(2) Section 171.006(c), Health and Safety Code, as
311	311	added by Chapter 9 (H.B. 215), Acts of the 85th Legislature, 1st
312	312	Called Session, 2017; and
313	313	(3) Section 171.017, Health and Safety Code.
314	314	SECTION 8. The change in law made by this Act applies only
315	315	to an abortion performed on or after the effective date of this Act.
316	316	An abortion performed before the effective date of this Act is
317	317	governed by the law in effect on the date the abortion was
318	318	performed, and the former law is continued in effect for that
319	319	purpose.
320	320	SECTION 9. The change in law made by this Act by the repeal
321	321	of Section 33.006, Family Code, does not apply to a cause of action
322	322	that accrued before the effective date of this Act. A cause of
323	323	action that accrued before the effective date of this Act is
324	324	governed by the law in effect on the date the cause of action
325	325	accrued, and the former law is continued in effect for that purpose.
326	326	SECTION 10. This Act takes effect September 1, 2023.