| 1 | 1 | | 88R1551 SCL-D |
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| 2 | 2 | | By: Johnson S.B. No. 78 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of an abortion-inducing drug. |
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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. Subchapter D, Chapter 171, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 171.0611 to read as follows: |
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| 11 | 11 | | Sec. 171.0611. EFFECT OF OTHER LAWS; LOCAL REGULATION. (a) |
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| 12 | 12 | | Notwithstanding any other law, a physician may provide an |
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| 13 | 13 | | abortion-inducing drug to a pregnant individual in accordance with |
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| 14 | 14 | | this subchapter. To the extent that a provision of this subchapter |
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| 15 | 15 | | conflicts with any other law, this subchapter controls. |
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| 16 | 16 | | (b) A political subdivision may not adopt or enforce an |
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| 17 | 17 | | ordinance, order, or other measure that conflicts with this |
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| 18 | 18 | | section. |
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| 19 | 19 | | SECTION 2. Section 171.063(c), Health and Safety Code, is |
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| 20 | 20 | | amended to read as follows: |
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| 21 | 21 | | (c) Before the physician provides an abortion-inducing |
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| 22 | 22 | | drug, the physician must: |
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| 23 | 23 | | (1) examine the pregnant woman in person; |
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| 24 | 24 | | (2) independently verify that a pregnancy exists; |
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| 25 | 25 | | (3) document, in the woman's medical record, the |
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| 26 | 26 | | gestational age and intrauterine location of the pregnancy to |
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| 27 | 27 | | determine whether an ectopic pregnancy exists; |
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| 28 | 28 | | (4) determine the pregnant woman's blood type, and for |
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| 29 | 29 | | a woman who is Rh negative, offer to administer Rh immunoglobulin |
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| 30 | 30 | | (RhoGAM) at the time the abortion-inducing drug is administered or |
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| 31 | 31 | | used or the abortion is performed or induced to prevent Rh |
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| 32 | 32 | | incompatibility, complications, or miscarriage in future |
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| 33 | 33 | | pregnancies; |
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| 34 | 34 | | (5) document whether the pregnant woman received |
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| 35 | 35 | | treatment for Rh negativity, as diagnosed by the most accurate |
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| 36 | 36 | | standard of medical care; and |
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| 37 | 37 | | (6) ensure the physician does not provide an |
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| 38 | 38 | | abortion-inducing drug for a pregnant woman whose pregnancy is more |
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| 39 | 39 | | than 70 [49] days of gestational age. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2023. |
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