Texas 2025 - 89th Regular

Texas House Bill HB1986 Compare Versions

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1	1	By: Bowers H.B. No. 1986
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the regulation of abortion, including abortion
9	9	complication reporting and the repeal of certain laws prohibiting
10	10	abortion.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 171.006(a) and (b), Health and Safety
13	13	Code, as added by Chapter 4 (H.B. 13), Acts of the 85th Legislature,
14	14	1st Called Session, 2017, are amended to read as follows:
15	15	(a) In this section, "abortion complication" means any
16	16	harmful event or adverse outcome with respect to a patient related
17	17	to an abortion that is performed on the patient and that is
18	18	diagnosed or treated by a health care practitioner or at a health
19	19	care facility and includes:
20	20	(1) shock;
21	21	(2) uterine perforation;
22	22	(3) cervical laceration;
23	23	(4) hemorrhage;
24	24	(5) aspiration or allergic response;
25	25	(6) infection;
26	26	(7) sepsis;
27	27	(8) death of the patient;
28	28	(9) incomplete abortion;
29	29	(10) damage to the uterus; or
30	30	(11) an infant born alive after the abortion
31	31	(b) The reporting requirements of this section apply only
32	32	to:
33	33	(1) a physician who:
34	34	(A) performs at an abortion facility an abortion
35	35	that results in an abortion complication diagnosed or treated by
36	36	that physician; or
37	37	(B) diagnoses or treats at an abortion facility
38	38	an abortion complication that is the result of an abortion
39	39	performed by another physician at the facility; or
40	40	(2) a health care facility that is a hospital,
41	41	abortion facility, freestanding emergency medical care facility,
42	42	or health care facility that provides emergency medical care, as
43	43	defined by Section 773.003.
44	44	SECTION 2. Section 171.061, Health and Safety Code, is
45	45	amended by adding Subdivision (3) and amending Subdivision (8-a) to
46	46	read as follows:
47	47	(3) "Final printed label" means the informational
48	48	document approved by the United States Food and Drug Administration
49	49	for an abortion-inducing drug that:
50	50	(A) outlines the protocol authorized by that
51	51	agency and agreed to by the drug company applying for authorization
52	52	of the drug by that agency; and
53	53	(B) delineates the manner in which a drug is to be
54	54	used according to approval by that agency.
55	55	(8-a) "Provide" means, as used with regard to
56	56	abortion-inducing drugs, any act of giving, selling, dispensing,
57	57	administering, or otherwise providing or prescribing an
58	58	abortion-inducing drug.
59	59	SECTION 3. Section 171.063, Health and Safety Code, is
60	60	amended by amending Subsections (a), (c), and (e) and adding
61	61	Subsection (b) to read as follows:
62	62	(a) A person may not knowingly provide an abortion-inducing
63	63	drug to a pregnant woman for the purpose of inducing an abortion in
64	64	the pregnant woman or enabling another person to induce an abortion
65	65	in the pregnant woman unless:
66	66	(1) the person who provides the abortion-inducing drug
67	67	is a physician; and
68	68	(2) except as otherwise provided by Subsection (b),
69	69	the provision of the abortion-inducing drug satisfies the protocol
70	70	tested and authorized by the United States Food and Drug
71	71	Administration as outlined in the final printed label of the
72	72	abortion-inducing drug.
73	73	(b) A person may provide the abortion-inducing drug in the
74	74	dosage amount prescribed by the clinical management guidelines
75	75	defined by the American College of Obstetricians and Gynecologists
76	76	Practice Bulletin as those guidelines existed on January 1, 2013.
77	77	(c) Before the physician provides an abortion-inducing
78	78	drug, the physician must:
79	79	(1) examine the pregnant woman; and
80	80	(2) document, in the woman's medical record, the
81	81	gestational age and intrauterine location of the pregnancy
82	82	(d) A physician who provides the abortion-inducing drug, or
83	83	the physician's agent, must schedule a follow-up visit for the
84	84	woman to occur not later than the 14th day after the administration
85	85	or use of the abortion-inducing drug. At the follow-up visit, the
86	86	physician must:
87	87	(1) confirm that the woman's pregnancy is completely
88	88	terminated; and
89	89	(2) assess any continued blood loss.
90	90	SECTION 4. Section 171.206(b), Health and Safety Code, is
91	91	amended to read as follows:
92	92	(a) This subchapter may not be construed to:
93	93	(1) authorize the initiation of a cause of action
94	94	against or the prosecution of a woman on whom an abortion is
95	95	performed or induced or attempted to be performed or induced in
96	96	violation of this subchapter;
97	97	(2) wholly or partly repeal, either expressly or by
98	98	implication, any other statute that regulates or prohibits
99	99	abortion; or
100	100	(3) restrict a political subdivision from regulating
101	101	or prohibiting abortion in a manner that is at least as stringent as
102	102	the laws of this state.
103	103	SECTION 5. Section 171.207(b), Health and Safety Code, is
104	104	amended to read as follows:
105	105	(a) Subsection (a) may not be construed to:
106	106	(1) legalize the conduct prohibited by this
107	107	subchapter;
108	108	(2) limit in any way or affect the availability of a
109	109	remedy established by Section 171.208; or
110	110	(3) limit the enforceability of any other laws that
111	111	regulate or prohibit abortion.
112	112	SECTION 6. The following provisions are repealed:
113	113	(1) Chapter 170A, Health and Safety Code;
114	114	(2) Section 171.061(2-a), Health and Safety Code;
115	115	(3) Section 171.063(b-1), Health and Safety Code;
116	116	(4) Section 171.0631, Health and Safety Code;
117	117	(5) Section 171.0632, Health and Safety Code;
118	118	(6) Section 171.065, Health and Safety Code;
119	119	(7) Section 171.066, Health and Safety Code; and
120	120	(8) Chapter 6-1/2, Title 71, Revised Statutes.
121	121	SECTION 7. This Act takes effect September 1, 2025.