| 1 | 1 | | By: Miles S.B. No. 2454 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to abortions; authorizing a good faith requirement for |
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| 7 | 7 | | medical emergencies. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 171.205, Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 171.205. EXCEPTION FOR MEDICAL EMERGENCY; RECORDS. |
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| 12 | 12 | | (a) Sections 171.203 and 171.204 do not apply if a physician, in |
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| 13 | 13 | | good faith, believes a medical emergency exits that prevents |
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| 14 | 14 | | compliance with this subchapter. |
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| 15 | 15 | | (b) A physician who performs or induces an abortion under |
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| 16 | 16 | | circumstances described by subsection (a) shall make written |
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| 17 | 17 | | notations in the pregnant woman's medical record of: |
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| 18 | 18 | | (1) the physician's good faith belief that a medical |
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| 19 | 19 | | emergency necessitated the abortion; and |
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| 20 | 20 | | (2) the medical condition of the pregnant woman that |
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| 21 | 21 | | prevented compliance with this subchapter. |
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| 22 | 22 | | (c) A physician performing or inducing an abortion under |
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| 23 | 23 | | this section shall maintain in the physician's practice records a |
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| 24 | 24 | | copy of the notations made under Subsection (b). |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to an abortion performed or induced on or after the effective date |
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| 27 | 27 | | of this Act. |
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| 28 | 28 | | SECTION 3. This act takes effect September 1, 2023. |
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