Texas 2023 - 88th Regular

Texas House Bill HB3588 Compare Versions

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1	1	88R12396 JG-D
2	2	By: Plesa H.B. No. 3588
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an exemption from abortion restrictions for
8	8	unemancipated minors and the repeal of provisions regarding notice
9	9	and consent to those abortions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
12	12	amended by adding Chapter 171A to read as follows:
13	13	CHAPTER 171A. EXEMPTION FROM ABORTION RESTRICTIONS FOR
14	14	UNEMANCIPATED MINORS
15	15	Sec. 171A.001. DEFINITION. In this chapter, "unemancipated
16	16	minor" includes a minor who:
17	17	(1) is unmarried; and
18	18	(2) has not had the disabilities of minority removed
19	19	under Chapter 31, Family Code.
20	20	Sec. 171A.002. EXEMPTION FROM ABORTION RESTRICTIONS. (a)
21	21	Notwithstanding any other law, including Chapter 32, Family Code, a
22	22	physician may perform or induce an abortion otherwise prohibited
23	23	under state law on an unemancipated minor who consents to the
24	24	abortion without obtaining parental consent or judicial approval to
25	25	perform or induce the abortion.
26	26	(b) The restriction on the provision of an
27	27	abortion-inducing drug under Section 171.063(c)(6) does not apply
28	28	to the provision of the drug to an unemancipated minor if, based on
29	29	the physician's reasonable medical judgment and the gestational age
30	30	of the pregnancy, the drug will be effective and does not pose a
31	31	risk to the minor.
32	32	Sec. 171A.003. LIMITATION ON LIABILITY. Notwithstanding
33	33	any other law, a physician who performs or induces an abortion on an
34	34	unemancipated minor as authorized under this chapter is not subject
35	35	to civil or criminal liability or disciplinary action for
36	36	performing or inducing the abortion.
37	37	SECTION 2. Section 266.010(a), Family Code, is amended to
38	38	read as follows:
39	39	(a) A foster child who is at least 16 years of age may
40	40	consent to the provision of medical care[, except as provided by
41	41	Chapter 33,] if the court with continuing jurisdiction determines
42	42	that the child has the capacity to consent to medical care. If the
43	43	child provides consent by signing a consent form, the form must be
44	44	written in language the child can understand.
45	45	SECTION 3. Section 171.006(a), Health and Safety Code, as
46	46	added by Chapter 9, (H.B. 215), Acts of the 85th Legislature, 1st
47	47	Called Session, 2017, is amended to read as follows:
48	48	(a) For each abortion performed on a woman who is younger
49	49	than 18 years of age, the physician who performed the abortion shall
50	50	document in the woman's medical record and report to the commission
51	51	in the report required under Section 245.011:
52	52	(1) one of the following methods for obtaining
53	53	authorization for the abortion:
54	54	(A) the woman's parent, managing conservator, or
55	55	legal guardian provided the written consent required by Section
56	56	164.052(a)(19), Occupations Code;
57	57	(B) [the woman obtained judicial authorization
58	58	under Section 33.003 or 33.004, Family Code;
59	59	[(C)] the woman consented to the abortion [if the
60	60	woman has had the disabilities of minority removed and is
61	61	authorized under law to have the abortion without the written
62	62	consent required by Section 164.052(a)(19), Occupations Code, or
63	63	without judicial authorization under Section 33.003 or 33.004,
64	64	Family Code]; or
65	65	(C) [(D)] the physician concluded and documented
66	66	in writing in the woman's medical record that on the basis of the
67	67	physician's good faith clinical judgment:
68	68	(i) a condition existed that complicated
69	69	the medical condition of the woman and necessitated the immediate
70	70	abortion of the woman's pregnancy to avert the woman's death or to
71	71	avoid a serious risk of substantial impairment of a major bodily
72	72	function; and
73	73	(ii) there was insufficient time to obtain
74	74	the consent of the woman's parent, managing conservator, or legal
75	75	guardian; and
76	76	(2) if the woman's parent, managing conservator, or
77	77	legal guardian provided the written consent described by
78	78	Subdivision (1)(A), whether the consent was given:
79	79	(A) in person at the location where the abortion
80	80	was performed; or
81	81	(B) at a place other than the location where the
82	82	abortion was performed[; and
83	83	[(3) if the woman obtained the judicial authorization
84	84	described by Subdivision (1)(B):
85	85	[(A) if applicable, the process the physician or
86	86	physician's agent used to inform the woman of the availability of
87	87	petitioning for judicial authorization as an alternative to the
88	88	written consent required by Section 164.052(a)(19), Occupations
89	89	Code;
90	90	[(B) whether the court forms were provided to the
91	91	woman by the physician or the physician's agent;
92	92	[(C) whether the physician or the physician's
93	93	agent made arrangements for the woman's court appearance; and
94	94	[(D) if known, whether the woman became pregnant
95	95	while in foster care or in the managing conservatorship of the
96	96	Department of Family and Protective Services].
97	97	SECTION 4. Section 171.012(a), Health and Safety Code, is
98	98	amended to read as follows:
99	99	(a) Consent to an abortion is voluntary and informed only
100	100	if:
101	101	(1) the physician who is to perform or induce the
102	102	abortion informs the pregnant woman on whom the abortion is to be
103	103	performed or induced of:
104	104	(A) the physician's name;
105	105	(B) the particular medical risks associated with
106	106	the particular abortion procedure to be employed, including, when
107	107	medically accurate:
108	108	(i) the risks of infection and hemorrhage;
109	109	(ii) the potential danger to a subsequent
110	110	pregnancy and of infertility; and
111	111	(iii) the possibility of increased risk of
112	112	breast cancer following an induced abortion and the natural
113	113	protective effect of a completed pregnancy in avoiding breast
114	114	cancer;
115	115	(C) the probable gestational age of the unborn
116	116	child at the time the abortion is to be performed or induced; and
117	117	(D) the medical risks associated with carrying
118	118	the child to term;
119	119	(2) the physician who is to perform or induce the
120	120	abortion or the physician's agent informs the pregnant woman that:
121	121	(A) medical assistance benefits may be available
122	122	for prenatal care, childbirth, and neonatal care;
123	123	(B) the father is liable for assistance in the
124	124	support of the child without regard to whether the father has
125	125	offered to pay for the abortion; and
126	126	(C) public and private agencies provide
127	127	pregnancy prevention counseling and medical referrals for
128	128	obtaining pregnancy prevention medications or devices, including
129	129	emergency contraception for victims of rape or incest;
130	130	(3) the physician who is to perform or induce the
131	131	abortion or the physician's agent:
132	132	(A) provides the pregnant woman with the printed
133	133	materials described by Section 171.014; and
134	134	(B) informs the pregnant woman that those
135	135	materials:
136	136	(i) have been provided by the commission;
137	137	(ii) are accessible on an Internet website
138	138	sponsored by the commission;
139	139	(iii) describe the unborn child and list
140	140	agencies that offer alternatives to abortion; and
141	141	(iv) include a list of agencies that offer
142	142	sonogram services at no cost to the pregnant woman;
143	143	(4) before any sedative or anesthesia is administered
144	144	to the pregnant woman and at least 24 hours before the abortion or
145	145	at least two hours before the abortion if the pregnant woman waives
146	146	this requirement by certifying that she currently lives 100 miles
147	147	or more from the nearest abortion provider that is a facility
148	148	licensed under Chapter 245 or a facility that performs more than 50
149	149	abortions in any 12-month period:
150	150	(A) the physician who is to perform or induce the
151	151	abortion or an agent of the physician who is also a sonographer
152	152	certified by a national registry of medical sonographers performs a
153	153	sonogram on the pregnant woman on whom the abortion is to be
154	154	performed or induced;
155	155	(B) the physician who is to perform or induce the
156	156	abortion displays the sonogram images in a quality consistent with
157	157	current medical practice in a manner that the pregnant woman may
158	158	view them;
159	159	(C) the physician who is to perform or induce the
160	160	abortion provides, in a manner understandable to a layperson, a
161	161	verbal explanation of the results of the sonogram images, including
162	162	a medical description of the dimensions of the embryo or fetus, the
163	163	presence of cardiac activity, and the presence of external members
164	164	and internal organs; and
165	165	(D) the physician who is to perform or induce the
166	166	abortion or an agent of the physician who is also a sonographer
167	167	certified by a national registry of medical sonographers makes
168	168	audible the heart auscultation for the pregnant woman to hear, if
169	169	present, in a quality consistent with current medical practice and
170	170	provides, in a manner understandable to a layperson, a simultaneous
171	171	verbal explanation of the heart auscultation;
172	172	(5) before receiving a sonogram under Subdivision
173	173	(4)(A) and before the abortion is performed or induced and before
174	174	any sedative or anesthesia is administered, the pregnant woman
175	175	completes and certifies with her signature an election form that
176	176	states as follows:
177	177	"ABORTION AND SONOGRAM ELECTION
178	178	(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY
179	179	SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN
180	180	PROVIDED AND EXPLAINED TO ME.
181	181	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN
182	182	ABORTION.
183	183	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR
184	184	TO RECEIVING AN ABORTION.
185	185	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE
186	186	SONOGRAM IMAGES.
187	187	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE
188	188	HEARTBEAT.
189	189	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN
190	190	EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO
191	191	ONE OF THE FOLLOWING:
192	192	___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
193	193	INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN
194	194	REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN
195	195	REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT
196	196	RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
197	197	[___ I AM A MINOR AND OBTAINING AN ABORTION IN
198	198	ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS
199	199	FAMILY CODE.]
200	200	___ MY UNBORN CHILD HAS AN IRREVERSIBLE MEDICAL
201	201	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC
202	202	PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE.
203	203	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND
204	204	WITHOUT COERCION.
205	205	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE
206	206	NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER
207	207	245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE
208	208	THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
209	209	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR
210	210	MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED
211	211	UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS
212	212	IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS
213	213	AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION
214	214	PROCEDURE. MY PLACE OF RESIDENCE IS:__________.
215	215	____________________ ____________________
216	216	SIGNATURE DATE";
217	217	(6) before the abortion is performed or induced, the
218	218	physician who is to perform or induce the abortion receives a copy
219	219	of the signed, written certification required by Subdivision (5);
220	220	and
221	221	(7) the pregnant woman is provided the name of each
222	222	person who provides or explains the information required under this
223	223	subsection.
224	224	SECTION 5. Section 171.0122(d), Health and Safety Code, is
225	225	amended to read as follows:
226	226	(d) A pregnant woman may choose not to receive the verbal
227	227	explanation of the results of the sonogram images under Section
228	228	171.012(a)(4)(C) if:
229	229	(1) the woman's pregnancy is a result of a sexual
230	230	assault, incest, or other violation of the Penal Code that has been
231	231	reported to law enforcement authorities or that has not been
232	232	reported because she has a reason that she declines to reveal
233	233	because she reasonably believes that to do so would put her at risk
234	234	of retaliation resulting in serious bodily injury; or
235	235	(2) [the woman is a minor and obtaining an abortion in
236	236	accordance with judicial bypass procedures under Chapter 33, Family
237	237	Code; or
238	238	[(3)] the fetus has an irreversible medical condition
239	239	or abnormality, as previously identified by reliable diagnostic
240	240	procedures and documented in the woman's medical file.
241	241	SECTION 6. Section 245.006(a), Health and Safety Code, is
242	242	amended to read as follows:
243	243	(a) The department shall inspect an abortion facility at
244	244	random, unannounced, and reasonable times as necessary to ensure
245	245	compliance with this chapter and [,] Subchapter B, Chapter 171[,
246	246	and Chapter 33, Family Code].
247	247	SECTION 7. Section 164.052(a), Occupations Code, is amended
248	248	to read as follows:
249	249	(a) A physician or an applicant for a license to practice
250	250	medicine commits a prohibited practice if that person:
251	251	(1) submits to the board a false or misleading
252	252	statement, document, or certificate in an application for a
253	253	license;
254	254	(2) presents to the board a license, certificate, or
255	255	diploma that was illegally or fraudulently obtained;
256	256	(3) commits fraud or deception in taking or passing an
257	257	examination;
258	258	(4) uses alcohol or drugs in an intemperate manner
259	259	that, in the board's opinion, could endanger a patient's life;
260	260	(5) commits unprofessional or dishonorable conduct
261	261	that is likely to deceive or defraud the public, as provided by
262	262	Section 164.053, or injure the public;
263	263	(6) uses an advertising statement that is false,
264	264	misleading, or deceptive;
265	265	(7) advertises professional superiority or the
266	266	performance of professional service in a superior manner if that
267	267	advertising is not readily subject to verification;
268	268	(8) purchases, sells, barters, or uses, or offers to
269	269	purchase, sell, barter, or use, a medical degree, license,
270	270	certificate, or diploma, or a transcript of a license, certificate,
271	271	or diploma in or incident to an application to the board for a
272	272	license to practice medicine;
273	273	(9) alters, with fraudulent intent, a medical license,
274	274	certificate, or diploma, or a transcript of a medical license,
275	275	certificate, or diploma;
276	276	(10) uses a medical license, certificate, or diploma,
277	277	or a transcript of a medical license, certificate, or diploma that
278	278	has been:
279	279	(A) fraudulently purchased or issued;
280	280	(B) counterfeited; or
281	281	(C) materially altered;
282	282	(11) impersonates or acts as proxy for another person
283	283	in an examination required by this subtitle for a medical license;
284	284	(12) engages in conduct that subverts or attempts to
285	285	subvert an examination process required by this subtitle for a
286	286	medical license;
287	287	(13) impersonates a physician or permits another to
288	288	use the person's license or certificate to practice medicine in
289	289	this state;
290	290	(14) directly or indirectly employs a person whose
291	291	license to practice medicine has been suspended, canceled, or
292	292	revoked;
293	293	(15) associates in the practice of medicine with a
294	294	person:
295	295	(A) whose license to practice medicine has been
296	296	suspended, canceled, or revoked; or
297	297	(B) who has been convicted of the unlawful
298	298	practice of medicine in this state or elsewhere;
299	299	(16) performs or procures a criminal abortion, aids or
300	300	abets in the procuring of a criminal abortion, attempts to perform
301	301	or procure a criminal abortion, or attempts to aid or abet the
302	302	performance or procurement of a criminal abortion;
303	303	(17) directly or indirectly aids or abets the practice
304	304	of medicine by a person, partnership, association, or corporation
305	305	that is not licensed to practice medicine by the board;
306	306	(18) performs an abortion on a woman who is pregnant
307	307	with a viable unborn child during the third trimester of the
308	308	pregnancy unless:
309	309	(A) the abortion is necessary to prevent the
310	310	death of the woman;
311	311	(B) the viable unborn child has a severe,
312	312	irreversible brain impairment; or
313	313	(C) the woman is diagnosed with a significant
314	314	likelihood of suffering imminent severe, irreversible brain damage
315	315	or imminent severe, irreversible paralysis;
316	316	(19) [performs an abortion on an unemancipated minor
317	317	without the written consent of the child's parent, managing
318	318	conservator, or legal guardian or without a court order, as
319	319	provided by Section 33.003 or 33.004, Family Code, unless the
320	320	abortion is necessary due to a medical emergency, as defined by
321	321	Section 171.002, Health and Safety Code;
322	322	[(20) otherwise performs an abortion on an
323	323	unemancipated minor in violation of Chapter 33, Family Code;
324	324	[(21)] performs or induces or attempts to perform or
325	325	induce an abortion in violation of Subchapter C, F, or G, Chapter
326	326	171, Health and Safety Code;
327	327	(20) [(22)] in complying with the procedures outlined
328	328	in Sections 166.045 and 166.046, Health and Safety Code, wilfully
329	329	fails to make a reasonable effort to transfer a patient to a
330	330	physician who is willing to comply with a directive; or
331	331	(21) [(23)] performs or delegates to another
332	332	individual the performance of a pelvic examination on an
333	333	anesthetized or unconscious patient in violation of Section
334	334	167A.002, Health and Safety Code.
335	335	SECTION 8. The following provisions are repealed:
336	336	(1) Chapter 33, Family Code;
337	337	(2) Section 171.006(c), Health and Safety Code, as
338	338	added by Chapter 9 (H.B. 215), Acts of the 85th Legislature, 1st
339	339	Called Session, 2017; and
340	340	(3) Section 171.017, Health and Safety Code.
341	341	SECTION 9. The change in law made by this Act applies only
342	342	to an abortion performed on or after the effective date of this Act.
343	343	An abortion performed before the effective date of this Act is
344	344	governed by the law in effect on the date the abortion was
345	345	performed, and the former law is continued in effect for that
346	346	purpose.
347	347	SECTION 10. The change in law made by this Act by the repeal
348	348	of Section 33.006, Family Code, does not apply to a cause of action
349	349	that accrued before the effective date of this Act. A cause of
350	350	action that accrued before the effective date of this Act is
351	351	governed by the law in effect on the date the cause of action
352	352	accrued, and the former law is continued in effect for that purpose.
353	353	SECTION 11. This Act takes effect September 1, 2023.