1 | 1 | | 89R5865 MPF-D |
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2 | 2 | | By: Cook S.B. No. 2257 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the definition and provision of an abortion-inducing |
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10 | 10 | | drug. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 171.061(2), Health and Safety Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (2) "Abortion-inducing drug" means a drug, a medicine, |
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15 | 15 | | or any other substance, including a regimen of two or more drugs, |
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16 | 16 | | medicines, or substances, prescribed, dispensed, or administered |
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17 | 17 | | with the intent of terminating a clinically diagnosable pregnancy |
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18 | 18 | | of a woman and with knowledge that the termination will, with |
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19 | 19 | | reasonable likelihood, cause the death of the woman's unborn |
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20 | 20 | | child. The term includes off-label use of drugs, medicines, or |
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21 | 21 | | other substances known to have abortion-inducing properties that |
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22 | 22 | | are prescribed, dispensed, or administered with the intent of |
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23 | 23 | | causing an abortion, including the Mifeprex regimen, and |
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24 | 24 | | misoprostol (Cytotec)[, and methotrexate]. The term does not |
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25 | 25 | | include a drug, medicine, or other substance that may be known to |
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26 | 26 | | cause an abortion but is prescribed, dispensed, or administered for |
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27 | 27 | | other medical reasons. |
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28 | 28 | | SECTION 2. Section 171.063(c), Health and Safety Code, is |
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29 | 29 | | amended to read as follows: |
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30 | 30 | | (c) Before the physician provides an abortion-inducing |
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31 | 31 | | drug, the physician must: |
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32 | 32 | | (1) examine the pregnant woman in person; |
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33 | 33 | | (2) independently verify that a pregnancy exists; |
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34 | 34 | | (3) [document, in the woman's medical record, the |
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35 | 35 | | gestational age and intrauterine location of the pregnancy to |
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36 | 36 | | determine whether an ectopic pregnancy exists; |
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37 | 37 | | [(4)] determine the pregnant woman's blood type, and |
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38 | 38 | | for a woman who is Rh negative, offer to administer Rh |
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39 | 39 | | immunoglobulin (RhoGAM) at the time the abortion-inducing drug is |
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40 | 40 | | administered or used or the abortion is performed or induced to |
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41 | 41 | | prevent Rh incompatibility, complications, or miscarriage in |
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42 | 42 | | future pregnancies; |
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43 | 43 | | (4) [(5)] document whether the pregnant woman |
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44 | 44 | | received treatment for Rh negativity, as diagnosed by the most |
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45 | 45 | | accurate standard of medical care; and |
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46 | 46 | | (5) [(6)] ensure the physician does not provide an |
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47 | 47 | | abortion-inducing drug for a pregnant woman whose pregnancy is more |
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48 | 48 | | than 49 days of gestational age. |
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49 | 49 | | SECTION 3. (a) The changes in law made by this Act apply |
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50 | 50 | | only to an offense committed on or after the effective date of this |
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51 | 51 | | Act. An offense committed before the effective date of this Act is |
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52 | 52 | | governed by the law in effect on the date the offense was committed, |
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53 | 53 | | and the former law is continued in effect for that purpose. For |
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54 | 54 | | purposes of this section, an offense was committed before the |
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55 | 55 | | effective date of this Act if any element of the offense occurred |
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56 | 56 | | before that date. |
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57 | 57 | | (b) The changes in law made by this Act apply only to the |
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58 | 58 | | imposition of an administrative penalty for a violation that occurs |
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59 | 59 | | on or after the effective date of this Act. The imposition of an |
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60 | 60 | | administrative penalty for a violation that occurs before the |
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61 | 61 | | effective date of this Act is governed by the law in effect on the |
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62 | 62 | | date the violation occurred, and the former law is continued in |
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63 | 63 | | effect for that purpose. |
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64 | 64 | | SECTION 4. This Act takes effect September 1, 2025. |
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