Texas 2025 - 89th Regular

Texas Senate Bill SB2257 Compare Versions

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11 89R5865 MPF-D
22 By: Cook S.B. No. 2257
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the definition and provision of an abortion-inducing
1010 drug.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 171.061(2), Health and Safety Code, is
1313 amended to read as follows:
1414 (2) "Abortion-inducing drug" means a drug, a medicine,
1515 or any other substance, including a regimen of two or more drugs,
1616 medicines, or substances, prescribed, dispensed, or administered
1717 with the intent of terminating a clinically diagnosable pregnancy
1818 of a woman and with knowledge that the termination will, with
1919 reasonable likelihood, cause the death of the woman's unborn
2020 child. The term includes off-label use of drugs, medicines, or
2121 other substances known to have abortion-inducing properties that
2222 are prescribed, dispensed, or administered with the intent of
2323 causing an abortion, including the Mifeprex regimen, and
2424 misoprostol (Cytotec)[, and methotrexate]. The term does not
2525 include a drug, medicine, or other substance that may be known to
2626 cause an abortion but is prescribed, dispensed, or administered for
2727 other medical reasons.
2828 SECTION 2. Section 171.063(c), Health and Safety Code, is
2929 amended to read as follows:
3030 (c) Before the physician provides an abortion-inducing
3131 drug, the physician must:
3232 (1) examine the pregnant woman in person;
3333 (2) independently verify that a pregnancy exists;
3434 (3) [document, in the woman's medical record, the
3535 gestational age and intrauterine location of the pregnancy to
3636 determine whether an ectopic pregnancy exists;
3737 [(4)] determine the pregnant woman's blood type, and
3838 for a woman who is Rh negative, offer to administer Rh
3939 immunoglobulin (RhoGAM) at the time the abortion-inducing drug is
4040 administered or used or the abortion is performed or induced to
4141 prevent Rh incompatibility, complications, or miscarriage in
4242 future pregnancies;
4343 (4) [(5)] document whether the pregnant woman
4444 received treatment for Rh negativity, as diagnosed by the most
4545 accurate standard of medical care; and
4646 (5) [(6)] ensure the physician does not provide an
4747 abortion-inducing drug for a pregnant woman whose pregnancy is more
4848 than 49 days of gestational age.
4949 SECTION 3. (a) The changes in law made by this Act apply
5050 only to an offense committed on or after the effective date of this
5151 Act. An offense committed before the effective date of this Act is
5252 governed by the law in effect on the date the offense was committed,
5353 and the former law is continued in effect for that purpose. For
5454 purposes of this section, an offense was committed before the
5555 effective date of this Act if any element of the offense occurred
5656 before that date.
5757 (b) The changes in law made by this Act apply only to the
5858 imposition of an administrative penalty for a violation that occurs
5959 on or after the effective date of this Act. The imposition of an
6060 administrative penalty for a violation that occurs before the
6161 effective date of this Act is governed by the law in effect on the
6262 date the violation occurred, and the former law is continued in
6363 effect for that purpose.
6464 SECTION 4. This Act takes effect September 1, 2025.