88R9985 JG-D
By: Leo-Wilson H.B. No. 2538
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of provisions related to notice and consent
to an abortion on a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 266.010(a), Family Code, is amended to
read as follows:
(a) A foster child who is at least 16 years of age may
consent to the provision of medical care[, except as provided by
Chapter 33,] if the court with continuing jurisdiction determines
that the child has the capacity to consent to medical care. If the
child provides consent by signing a consent form, the form must be
written in language the child can understand.
SECTION 2. Section 171.006(a), Health and Safety Code, as
added by Chapter 9, (H.B. 215), Acts of the 85th Legislature, 1st
Called Session, 2017, is amended to read as follows:
(a) For each abortion performed on a woman who is younger
than 18 years of age, the physician who performed the abortion shall
document in the woman's medical record and report to the commission
in the report required under Section 245.011:
(1) one of the following methods for obtaining
authorization for the abortion:
(A) the woman's parent, managing conservator, or
legal guardian provided the written consent required by Section
164.052(a)(19), Occupations Code;
(B) [the woman obtained judicial authorization
under Section 33.003 or 33.004, Family Code;
[(C)] the woman consented to the abortion if the
woman has had the disabilities of minority removed and is
authorized under law to have the abortion without the written
consent required by Section 164.052(a)(19), Occupations Code[, or
without judicial authorization under Section 33.003 or 33.004,
Family Code]; or
(C) [(D)] the physician concluded and documented
in writing in the woman's medical record that on the basis of the
physician's good faith clinical judgment:
(i) a condition existed that complicated
the medical condition of the woman and necessitated the immediate
abortion of the woman's pregnancy to avert the woman's death or to
avoid a serious risk of substantial impairment of a major bodily
function; and
(ii) there was insufficient time to obtain
the consent of the woman's parent, managing conservator, or legal
guardian; and
(2) if the woman's parent, managing conservator, or
legal guardian provided the written consent described by
Subdivision (1)(A), whether the consent was given:
(A) in person at the location where the abortion
was performed; or
(B) at a place other than the location where the
abortion was performed[; and
[(3) if the woman obtained the judicial authorization
described by Subdivision (1)(B):
[(A) if applicable, the process the physician or
physician's agent used to inform the woman of the availability of
petitioning for judicial authorization as an alternative to the
written consent required by Section 164.052(a)(19), Occupations
Code;
[(B) whether the court forms were provided to the
woman by the physician or the physician's agent;
[(C) whether the physician or the physician's
agent made arrangements for the woman's court appearance; and
[(D) if known, whether the woman became pregnant
while in foster care or in the managing conservatorship of the
Department of Family and Protective Services].
SECTION 3. Section 171.012(a), Health and Safety Code, is
amended to read as follows:
(a) Consent to an abortion is voluntary and informed only
if:
(1) the physician who is to perform or induce the
abortion informs the pregnant woman on whom the abortion is to be
performed or induced of:
(A) the physician's name;
(B) the particular medical risks associated with
the particular abortion procedure to be employed, including, when
medically accurate:
(i) the risks of infection and hemorrhage;
(ii) the potential danger to a subsequent
pregnancy and of infertility; and
(iii) the possibility of increased risk of
breast cancer following an induced abortion and the natural
protective effect of a completed pregnancy in avoiding breast
cancer;
(C) the probable gestational age of the unborn
child at the time the abortion is to be performed or induced; and
(D) the medical risks associated with carrying
the child to term;
(2) the physician who is to perform or induce the
abortion or the physician's agent informs the pregnant woman that:
(A) medical assistance benefits may be available
for prenatal care, childbirth, and neonatal care;
(B) the father is liable for assistance in the
support of the child without regard to whether the father has
offered to pay for the abortion; and
(C) public and private agencies provide
pregnancy prevention counseling and medical referrals for
obtaining pregnancy prevention medications or devices, including
emergency contraception for victims of rape or incest;
(3) the physician who is to perform or induce the
abortion or the physician's agent:
(A) provides the pregnant woman with the printed
materials described by Section 171.014; and
(B) informs the pregnant woman that those
materials:
(i) have been provided by the commission;
(ii) are accessible on an Internet website
sponsored by the commission;
(iii) describe the unborn child and list
agencies that offer alternatives to abortion; and
(iv) include a list of agencies that offer
sonogram services at no cost to the pregnant woman;
(4) before any sedative or anesthesia is administered
to the pregnant woman and at least 24 hours before the abortion or
at least two hours before the abortion if the pregnant woman waives
this requirement by certifying that she currently lives 100 miles
or more from the nearest abortion provider that is a facility
licensed under Chapter 245 or a facility that performs more than 50
abortions in any 12-month period:
(A) the physician who is to perform or induce the
abortion or an agent of the physician who is also a sonographer
certified by a national registry of medical sonographers performs a
sonogram on the pregnant woman on whom the abortion is to be
performed or induced;
(B) the physician who is to perform or induce the
abortion displays the sonogram images in a quality consistent with
current medical practice in a manner that the pregnant woman may
view them;
(C) the physician who is to perform or induce the
abortion provides, in a manner understandable to a layperson, a
verbal explanation of the results of the sonogram images, including
a medical description of the dimensions of the embryo or fetus, the
presence of cardiac activity, and the presence of external members
and internal organs; and
(D) the physician who is to perform or induce the
abortion or an agent of the physician who is also a sonographer
certified by a national registry of medical sonographers makes
audible the heart auscultation for the pregnant woman to hear, if
present, in a quality consistent with current medical practice and
provides, in a manner understandable to a layperson, a simultaneous
verbal explanation of the heart auscultation;
(5) before receiving a sonogram under Subdivision
(4)(A) and before the abortion is performed or induced and before
any sedative or anesthesia is administered, the pregnant woman
completes and certifies with her signature an election form that
states as follows:
"ABORTION AND SONOGRAM ELECTION
(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY
SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN
PROVIDED AND EXPLAINED TO ME.
(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN
ABORTION.
(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR
TO RECEIVING AN ABORTION.
(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE
SONOGRAM IMAGES.
(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE
HEARTBEAT.
(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN
EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO
ONE OF THE FOLLOWING:
___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN
REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN
REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT
RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
[___ I AM A MINOR AND OBTAINING AN ABORTION IN
ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS
FAMILY CODE.]
___ MY UNBORN CHILD HAS AN IRREVERSIBLE MEDICAL
CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC
PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE.
(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND
WITHOUT COERCION.
(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE
NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER
245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE
THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR
MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED
UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS
IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS
AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION
PROCEDURE. MY PLACE OF RESIDENCE IS:__________.
____________________ ____________________
SIGNATURE DATE";
(6) before the abortion is performed or induced, the
physician who is to perform or induce the abortion receives a copy
of the signed, written certification required by Subdivision (5);
and
(7) the pregnant woman is provided the name of each
person who provides or explains the information required under this
subsection.
SECTION 4. Section 171.0122(d), Health and Safety Code, is
amended to read as follows:
(d) A pregnant woman may choose not to receive the verbal
explanation of the results of the sonogram images under Section
171.012(a)(4)(C) if:
(1) the woman's pregnancy is a result of a sexual
assault, incest, or other violation of the Penal Code that has been
reported to law enforcement authorities or that has not been
reported because she has a reason that she declines to reveal
because she reasonably believes that to do so would put her at risk
of retaliation resulting in serious bodily injury; or
(2) [the woman is a minor and obtaining an abortion in
accordance with judicial bypass procedures under Chapter 33, Family
Code; or
[(3)] the fetus has an irreversible medical condition
or abnormality, as previously identified by reliable diagnostic
procedures and documented in the woman's medical file.
SECTION 5. Section 245.006(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall inspect an abortion facility at
random, unannounced, and reasonable times as necessary to ensure
compliance with this chapter and [,] Subchapter B, Chapter 171[,
and Chapter 33, Family Code].
SECTION 6. 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;
(21) [(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
(22) [(23)] performs or delegates to another
individual the performance of a pelvic examination on an
anesthetized or unconscious patient in violation of Section
167A.002, Health and Safety Code.
SECTION 7. The following provisions are repealed:
(1) Chapter 33, Family Code;
(2) Section 171.006(c), Health and Safety Code, as
added by Chapter 9 (H.B. 215), Acts of the 85th Legislature, 1st
Called Session, 2017; and
(3) Section 171.017, Health and Safety Code.
SECTION 8. The change in law made by this Act applies only
to an abortion performed on or after the effective date of this Act.
An abortion performed before the effective date of this Act is
governed by the law in effect on the date the abortion was
performed, and the former law is continued in effect for that
purpose.
SECTION 9. The change in law made by this Act by the repeal
of Section 33.006, Family Code, does not apply to a cause of action
that accrued before the effective date of this Act. A cause of
action that accrued before the effective date of this Act is
governed by the law in effect on the date the cause of action
accrued, and the former law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2023.