89R5865 MPF-D
By: Cook S.B. No. 2257
A BILL TO BE ENTITLED
AN ACT
relating to the definition and provision of an abortion-inducing
drug.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.061(2), Health and Safety Code, is
amended to read as follows:
(2) "Abortion-inducing drug" means a drug, a medicine,
or any other substance, including a regimen of two or more drugs,
medicines, or substances, prescribed, dispensed, or administered
with the intent of terminating a clinically diagnosable pregnancy
of a woman and with knowledge that the termination will, with
reasonable likelihood, cause the death of the woman's unborn
child. The term includes off-label use of drugs, medicines, or
other substances known to have abortion-inducing properties that
are prescribed, dispensed, or administered with the intent of
causing an abortion, including the Mifeprex regimen, and
misoprostol (Cytotec)[, and methotrexate]. The term does not
include a drug, medicine, or other substance that may be known to
cause an abortion but is prescribed, dispensed, or administered for
other medical reasons.
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;
(4) [(5)] document whether the pregnant woman
received treatment for Rh negativity, as diagnosed by the most
accurate standard of medical care; and
(5) [(6)] ensure the physician does not provide an
abortion-inducing drug for a pregnant woman whose pregnancy is more
than 49 days of gestational age.
SECTION 3. (a) The changes in law made by this Act apply
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
(b) The changes in law made by this Act apply only to the
imposition of an administrative penalty for a violation that occurs
on or after the effective date of this Act. The imposition of an
administrative penalty for a violation that occurs before the
effective date of this Act is governed by the law in effect on the
date the violation occurred, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.