Texas 2025 - 89th Regular

Texas Senate Bill SB31 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Hughes S.B. No. 31
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to exceptions to otherwise prohibited abortions based on a
9	9	physician's reasonable medical judgment.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Life of the Mother
12	12	Act.
13	13	SECTION 2. Amend Section 74.551, Civil Practice and
14	14	Remedies Code, to read as follows:
15	15	Sec. 74.551. APPLICATION. An action to which Section 74.552
16	16	applies isA civil action brought against a physician or health
17	17	care provider for a violation of a provision of Chapter 170, 170A,
18	18	or 171, Health and Safety Code, or Chapter 6-1/2, Title 71,
19	19	Vernon's Texas Civil Statutes, subject to an exception provided by
20	20	the chapter alleged to have been violated or other law, is a health
21	21	care liability claim for purposes of this chapter and is subject to
22	22	the same requirements as any other health care liability claim.
23	23	This section does not affect a health care liability claim based on
24	24	any other ground than a violation of Chapters 170, 170A, or 171,
25	25	Health and Safety Code, or Chapter 6-1/2, Title 71, Vernon's Texas
26	26	Civil Statutes.
27	27	SECTION 3. Section 170A.002(b), Health and Safety Code, is
28	28	amended to read as follows:
29	29	(b) The prohibition underIt is an exception to the
30	30	application of Subsection (a) that does not apply if:
31	31	(1) the person performing, inducing, or attempting the
32	32	abortion is a licensed physician:; and
33	33	(2) in the exercise of reasonable medical judgment,
34	34	the pregnant female on whom the abortion is performed, induced, or
35	35	attempted has a life-threatening physical condition aggravated by,
36	36	caused by, or arising from a pregnancy that places the female at
37	37	risk of death or poses a serious risk of substantial impairment of a
38	38	major bodily function unless the abortion is performed or induced;
39	39	and
40	40	(3) the person performs, induces, or attempts the abortion
41	41	in a manner that, in the exercise of reasonable medical judgment,
42	42	provides the best opportunity for the unborn child to survive
43	43	unless, in the reasonable medical judgment, that manner would
44	44	create:
45	45	(A) a greater risk of the pregnant female's death; or
46	46	(B) a serious risk of substantial impairment of a major
47	47	bodily function of the pregnant female.
48	48	SECTION 4. Chapter 170A, Health and Safety Code, is amended
49	49	by adding new Sections 170A.0021, 170A.0022, and 170A.0023 to read
50	50	as follows:
51	51	Sec. 170A.0021. TREATMENT AFFECTING UNBORN CHILD;
52	52	EXCEPTION. (a) Notwithstanding any other law, a physician who
53	53	treats a condition described by Subsection 170A.002(b)(2) shall do
54	54	so in a manner that, in the exercise of reasonable medical judgment,
55	55	provides the best opportunity for survival of an unborn child.
56	56	(b) It is an exception to the application of Subsection (a)
57	57	that, in a physician's reasonable medical judgment, the manner of
58	58	treatment required by that subsection would create a greater risk
59	59	of:
60	60	(1) the pregnant female's death; or
61	61	(2) substantial impairment of a major bodily function of the
62	62	pregnant female.
63	63	(c) This chapter does not require a physician to delay,
64	64	alter or withhold medical treatment provided to a pregnant female
65	65	if doing so would create a greater risk of:
66	66	(1) the pregnant female's death; or
67	67	(2) substantial impairment of a major bodily function of the
68	68	pregnant female.
69	69	(d) Nothing in Subsection (c) authorizes the performance of
70	70	an abortion that is prohibited by law.
71	71	Sec. 170A.0022. REASONABLE MEDICAL JUDGMENT. Reasonable
72	72	medical judgment in providing medical treatment to a pregnant
73	73	female includes removing:
74	74	(1) an ectopic pregnancy as defined by Section
75	75	245.002(4-a); and
76	76	(2) a dead, unborn child whose death was caused by
77	77	spontaneous abortion.
78	78	Sec. 170A.0023. ACCIDENTAL OR UNINTENTIONAL DEATH. (a)
79	79	This section applies to any law that provides an exception to an
80	80	otherwise prohibited abortion based on a condition described by
81	81	Section 170A.002(b)(2).
82	82	(b) It is an exception to the application of each law
83	83	described by Subsection (a) that the death or injury of an unborn
84	84	child resulted from treatment provided to a pregnant female based
85	85	on a physician's reasonable medical judgment if the death of or
86	86	injury to the unborn child was accidental or unintentional.
87	87	SECTION 5. Section 171.002(3), Health and Safety Code, is
88	88	amended to read as follows:
89	89	(3) "Medical emergency" means a condition described by
90	90	Section 170A.002(b)(2)means a life threatening physical condition
91	91	aggravated by, caused by, or arising from a pregnancy that, as
92	92	certified by a physician, places the woman in danger of death or a
93	93	serious risk of substantial impairment of a major bodily function
94	94	unless an abortion is performed.
95	95	SECTION 6. Section 171.046(a) and (b), Health and Safety
96	96	Code, are amended to read as follows:
97	97	(a) The prohibitions and requirements under Sections
98	98	171.043, 171.044, and 171.045(b) do not apply to an abortion
99	99	performed if there exists a condition that, in the physician's
100	100	reasonable medical judgment, the abortion is necessary due to a
101	101	medical emergency andso complicates the medical condition of the
102	102	woman that, to avert the woman's death or a serious risk of
103	103	substantial and irreversible physical impairment of a major bodily
104	104	function, other than a psychological condition, it necessitates, as
105	105	applicable:
106	106	(1) the immediate abortion of her pregnancy without the
107	107	delay necessary to determine the probable post-fertilization age of
108	108	the unborn child;
109	109	(2) the abortion of her pregnancy even though the
110	110	post-fertilization age of the unborn child is 20 or more weeks; or
111	111	(3) the use of a method of abortion other than a method
112	112	described by Section 171.045(b)
113	113	(b) A physician may not take an action authorized under
114	114	Subsection (a) if the medical emergencyrisk of death or a
115	115	substantial and irreversible physical impairment of a major bodily
116	116	function arises from a claim or diagnosis that the woman will engage
117	117	in conduct that may result in her death or in substantial and
118	118	irreversible physical impairment of a major bodily function.
119	119	SECTION 7. Section 171.063(c), Health and Safety Code, is
120	120	amended to read as follows:
121	121	(c) Before the physician provides an abortion-inducing
122	122	drug, the physician must:
123	123	(1) examine the pregnant woman in person;
124	124	(2) independently verify that a pregnancy exists;
125	125	(3) document, in the woman's medical record, the
126	126	gestational age and intrauterine location of the pregnancy to
127	127	determine whether an ectopic pregnancy exists as defined by Section
128	128	245.002(4-a);
129	129	(4) determine the pregnant woman's blood type, and for a
130	130	woman who is Rh negative, offer to administer Rh immunoglobulin
131	131	(RhoGAM) at the time the abortion-inducing drug is administered or
132	132	used or the abortion is performed or induced to prevent Rh
133	133	incompatibility, complications, or miscarriage in future
134	134	pregnancies;
135	135	(5) document whether the pregnant woman received treatment
136	136	for Rh negativity, as diagnosed by the most accurate standard of
137	137	medical care; and
138	138	(6) ensure the physician does not provide an
139	139	abortion-inducing drug for a pregnant woman whose pregnancy is more
140	140	than 49 days of gestational age.
141	141	SECTION 8. Subchapter H, Chapter 171, Health and Safety
142	142	Code, is amended by adding a new Section 171.2011 to read as
143	143	follows:
144	144	Sec.171.2011. APPLICABILITY. (a) This subchapter applies
145	145	only to an abortion that is otherwise prohibited by law and that is
146	146	not subject to an exception provided by law.
147	147	(b) The following activities do not constitute aiding or
148	148	abetting under this subchapter:
149	149	(1) providing services by a physician or health care
150	150	provider to a treating physician, or communication between a
151	151	physician or health care provider and a treating physician, for the
152	152	purposes of arriving at a reasonable medical judgment as required
153	153	by an exception to an otherwise prohibited abortion;
154	154	(2) communicating between a physician or health care
155	155	provider and a patient, or providing services by a physician or
156	156	health care provider to a patient, for the purpose of arriving at
157	157	reasonable medical judgment as required by an exception to an
158	158	otherwise prohibited abortion;
159	159	(3) communicating between an attorney and a physician or
160	160	health care provider related to an exception to an otherwise
161	161	prohibited abortion;
162	162	(4) communicating between a treating physician and any
163	163	other person or providing services to a treating physician or
164	164	patient relating to performing, inducing or attempting an abortion
165	165	for which the treating physician has determined that, in reasonable
166	166	medical judgment, an exception to an otherwise prohibited abortion
167	167	is applicable;
168	168	(5) providing products to a patient or treating physician
169	169	relating to performing, inducing or attempting an abortion for
170	170	which the treating physician has determined that, in reasonable
171	171	medical judgment, an exception to an otherwise prohibited abortion
172	172	is applicable.
173	173	SECTION 9. Amend Section 245.002(4-a), Health and Safety
174	174	Code, to read as follows:
175	175	(4-a) "Ectopic pregnancy" means the implantation of a
176	176	fertilized egg or embryo:
177	177	(A) outside of the uterus;
178	178	(B) in an abnormal location in the uterus causing the
179	179	fertilized egg or embryo to be non-viable; or
180	180	(C) in a scarred portion of the uterus.
181	181	SECTION 10. Amend Section 245.016, Health and Safety Code,
182	182	to read as follows:
183	183	Sec. 245.016. ABORTION IN UNLICENSED ABORTION FACILITY TO
184	184	PREVENT DEATH OR SERIOUS IMPAIRMENT. It is an exception to the
185	185	application of Section 245.014 that the abortion was performed in
186	186	an unlicensed abortion facility due to a medical emergency
187	187	described by Section 170A.002(b)(2)This chapter does not remove
188	188	the responsibility or limit the ability of a physician to perform an
189	189	abortion in an unlicensed abortion facility if, at the commencement
190	190	of the abortion, the physician reasonably believes that the
191	191	abortion is necessary to prevent the death of the patient or to
192	192	prevent serious impairment of the patient's physical health. In
193	193	this section, the term "unlicensed abortion facility" does not
194	194	include an individual or entity to which funds appropriated by the
195	195	legislature in the general appropriations act are prohibited from
196	196	being distributed.
197	197	SECTION 11. Amend Section 164.052, Occupations Code, by
198	198	adding a new Subsection (d) to read as follows:
199	199	(d) This section may not be construed to prohibit, and the
200	200	board may not take action against a physician regarding, the
201	201	performance of an abortion in response to a medical emergency
202	202	described by Section 170A. 002 (b) (2), Health and Safety Code.
203	203	SECTION 12. Amend Section 164.055, Occupations Code, by
204	204	adding by amending Subsection (c) to read as follows:
205	205	(c) Notwithstanding Subsection (a), the board may not take
206	206	disciplinary action against a physician who exercised reasonable
207	207	medical judgment in providing medical treatment to a pregnant woman
208	208	as described by Section 74.552, Civil Practice and Remedies Code
209	209	170A.002, Health and Safety Code.
210	210	SECTION 13. Amend Section 165.152, Occupations Code, by
211	211	adding a new Subsection (e) to read as follows:
212	212	(e) It is an exception to the application of Subsection (a)
213	213	if the person is a physician who performs, induces, or attempts an
214	214	abortion due to a medical emergency described by Section
215	215	170A.002(b)(2), Health and Safety Code.
216	216	SECTION 14. Article 4512.6, Chapter 6-1/2, Title 71,
217	217	Vernon's Civil Statutes, is amended to read as follows:
218	218	Art. 4512.6. BYEXCEPTION FOR MEDICAL EMERGENCYADVICE.
219	219	Nothing in this chapter applies to(a) It is an exception to the
220	220	application of this chapter that an abortion is procured, performed
221	221	or attempted due to a medical emergencyby medical advice for the
222	222	purpose of saving the life of the mother.
223	223	(b) In this article, "medical emergency" means a condition
224	224	described by Section 170A.002(b) (2), Health and Safety Code.
225	225	SECTION 15. The exceptions to otherwise prohibited
226	226	abortions described by this Act:
227	227	(1) shall be construed as consistent with the opinion of the
228	228	Texas Supreme Court in In re State, 682 S.W.3d 890 (Tex. 2023),
229	229	including with respect to providing that any threat posed by a
230	230	female's pregnancy to her life or major bodily functions need not be
231	231	imminent or irreversible; and
232	232	(2) except as provided by the change in law made by this Act
233	233	to Section 170A.002(b) (2), Health and Safety Code, shall be
234	234	construed as consistent with the opinion of the Texas Supreme Court
235	235	in State v. Zurawski, 690 S.W.3d 644 (Tex. 2024), including with
236	236	respect to the state's burden of proof in any enforcement action.
237	237	SECTION 16. The following statutes are repealed:
238	238	(1) Section 74.552, Civil Practice and Remedies Code;
239	239	(2) Section 170A.002(d), Health and Safety Code;
240	240	(3) Section 9.35, Penal Code.
241	241	SECTION 17. (a) To increase the understanding of the legal
242	242	profession regarding the laws regulating abortion following the
243	243	changes in law made by this Act, the State Bar of Texas shall
244	244	develop, or solicit the development of, and offer to attorneys
245	245	licensed in this state a comprehensive program of continuing legal
246	246	education regarding the regulation of abortion in this state, with
247	247	a focus on the exceptions to otherwise prohibited abortions. The
248	248	program shall include legal education regarding:
249	249	(1) statutory terminology applicable to the definition and
250	250	regulation of abortion;
251	251	(2) prohibited abortions and prohibited medical techniques
252	252	related to the performance of abortions;
253	253	(3) state law establishing statutory exceptions to
254	254	otherwise prohibited abortions;
255	255	(4) the civil and criminal implications of abortion
256	256	regulation in this state and the implications of statutory
257	257	exceptions to otherwise prohibited abortions;
258	258	(5) the definition of "medical emergency" as defined by
259	259	Section 170A. 002 (b) (2), Health and Safety Code;
260	260	(6) the responsibility of a physician to exercise
261	261	reasonable medical judgment in determining whether a condition or
262	262	conditions exist allowing the performance of an abortion during a
263	263	medical emergency; and
264	264	(7) the circumstances under which a physician is required
265	265	under Section 170A.0021, Health and Safety Code, to treat a
266	266	pregnant female who experiences such conditions in a manner that
267	267	maximizes an unborn child's opportunity to survive if doing so does
268	268	not increase the threat to the mother presented by those
269	269	conditions.
270	270	(b) The program required by Subsection (a) shall be:
271	271	(1) developed in cooperation with the Health Law Section of
272	272	the State Bar of Texas, physician and health care provider
273	273	organizations, and other non-State Bar of Texas stakeholders with a
274	274	demonstrated interest and expertise in the required subject matter;
275	275	and
276	276	(2) be promoted by communications made by the State Bar to
277	277	all attorneys in this state, organizations representing physicians
278	278	and health care providers whose members treat pregnant women, and
279	279	health care institutions as defined by Section 74.001, Civil
280	280	Practice and Remedies Codes.
281	281	(c) The course of instruction required by Subsection (a)
282	282	must be offered at no cost to attorneys licensed in this state and
283	283	shall be offered on the Internet provided through the state bar in
284	284	addition to any other method approved by the state bar.
285	285	(d) The program required by Subsection (a) shall be offered
286	286	no later than January 1, 2026.
287	287	SECTION 18. (a) (1) No later than January 1, 2026, the Texas
288	288	Medical Board shall make available one or more approved courses
289	289	regarding the laws relating to pregnancy-related medical
290	290	emergencies as the term "medical emergency" is used in Title 2,
291	291	Subtitle H, Health and Safety Code.
292	292	(2) The board may solicit the development of a course
293	293	required by Subsection (1) by organizations representing
294	294	physicians, institutions of higher education with medical schools,
295	295	or other providers of continuing education to physicians acceptable
296	296	to the board.
297	297	(3) After approval of a continuing education course
298	298	required by this subsection, the board shall inform all licensed
299	299	physicians in this state of the availability of the course and
300	300	request organizations representing physicians in general and
301	301	physicians who practice in specialties that treat pregnant women to
302	302	make the availability of the course known to their members.
303	303	(b) Completion of a course described by Subsection (a) shall
304	304	be credited to the requirements for continuing medical education
305	305	enforced by the Texas Medical Board.
306	306	(c) A course approved under Subsection (a) shall address:
307	307	(1) what does and does not constitute an abortion, including
308	308	exclusions from that term for ectopic pregnancy and spontaneous
309	309	abortion;
310	310	(2) the laws prohibiting abortion and any procedures
311	311	prohibited by law for performing an abortion;
312	312	(3) the statutory exceptions to laws prohibiting abortion
313	313	with an emphasis on exceptions based on a medical emergency as the
314	314	term "medical emergency" is used in Title 2, Subtitle H, Health and
315	315	Safety Code; and
316	316	(4) the laws regarding reasonable medical judgment as used
317	317	in connection with the medical emergency exceptions to laws
318	318	prohibiting abortions.
319	319	(d) Continuing medical education described in whole or in
320	320	part by Subsection (c) does not constitute aiding or abetting as
321	321	those terms are used in Subchapter H, Chapter 171, Health and Safety
322	322	Code.
323	323	(e)(1) A physician licensed to practice medicine under
324	324	Subtitle B, Title 3, Occupations Code, who provides obstetric care
325	325	shall complete no later than June 1, 2027, a course described by
326	326	Subsection (a) that equals at least one hour of continuing medical
327	327	education. This is a one-time requirement.
328	328	(2) The license of a physician described by Subsection (1)
329	329	shall not be renewed if the physician has not complied with that
330	330	subsection.
331	331	(3) The Texas Medical Board shall adopt rules to implement
332	332	this subsection.
333	333	(f) The board shall make available at least one course
334	334	required by this section at no cost to physicians licensed in this
335	335	state and include on its internet website a list of courses of
336	336	continuing medical education approved under Subsection (a).
337	337	(g) Nothing in Subsections (a) through (f):
338	338	(1) creates a cause of action or a standard of care,
339	339	obligation or duty that provides the basis for a cause of action; or
340	340	(2) affects a health care liability claim, as defined by
341	341	Section 74.001(13), Civil Practice and Remedies Code, based on any
342	342	ground other than a violation of Chapters 170, 170A, or 171, Health
343	343	and Safety Code, or Chapter 6-1/2, Title 71, Vernon's Texas Civil
344	344	Statutes.
345	345	SECTION 19. This Act takes effect immediately if it
346	346	receives a vote of two-thirds of all the members elected to each
347	347	house, as provided by Section 39, Article III, Texas Constitution.
348	348	If this Act does not receive the vote necessary for immediate
349	349	effect, this Act takes effect September 1, 2025.