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