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A BILL TO BE ENTITLED
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AN ACT
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relating to a pregnant woman's completion of a resource awareness |
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session before performance or inducement of an abortion; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 171, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. RESOURCE AWARENESS SESSION |
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Sec. 171.101. RESOURCE AWARENESS SESSION. (a) The Health |
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and Human Services Commission, in consultation with the department |
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and the Department of Family and Protective Services, shall: |
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(1) develop a course of not more than three hours that |
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provides information regarding: |
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(A) a pregnant woman's option to place her child |
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for adoption; |
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(B) women's health before and during pregnancy; |
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and |
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(C) available resources for pregnant women and |
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their children, including: |
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(i) the federal special supplemental |
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nutrition program for women, infants, and children authorized by 42 |
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U.S.C. Section 1786; |
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(ii) the supplemental nutrition assistance |
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program under Chapter 33, Human Resources Code; and |
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(iii) information on selection of a |
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physician; |
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(2) make the course available at no cost to any person |
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who wishes to take the course on the commission's Internet website |
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in English, Spanish, and any other language the executive |
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commissioner determines appropriate; and |
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(3) provide a dated certificate of completion to each |
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person who completes the course. |
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(b) Except as provided by Section 171.102, a pregnant woman |
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may not obtain an abortion unless the woman completes the resource |
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awareness session described by Subsection (a) and submits the |
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certificate of completion to the physician performing or inducing |
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the abortion. The session must be completed not more than 30 days |
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and not less than 24 hours before the abortion is performed or |
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induced. |
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(c) Except as provided by Section 171.102, a physician may |
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not perform or induce an abortion on a pregnant woman without first |
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receiving from the woman a certificate of completion described by |
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Subsection (a)(3) for a course completed by the woman in the time |
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authorized under Subsection (b). |
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(d) The executive commissioner of the Health and Human |
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Services Commission, in consultation with the department and the |
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Department of Family and Protective Services, shall adopt the rules |
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necessary to implement this subchapter, including rules to provide |
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pregnant minors with access to the resource awareness session. |
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Sec. 171.102. APPLICABILITY. This subchapter does not |
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apply to: |
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(1) an abortion performed or induced if there exists a |
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condition that, in the physician's reasonable medical judgment, so |
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complicates the medical condition of the woman that, to avert the |
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woman's death or a serious risk of substantial and irreversible |
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physical impairment of a major bodily function, other than a |
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psychological condition, it necessitates the immediate abortion of |
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her pregnancy; |
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(2) an abortion performed on a minor whose pregnancy |
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is a result of a sexual assault, incest, or other violation of the |
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Penal Code that has been reported to law enforcement authorities or |
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that has not been reported because she has a reason that she |
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declines to reveal because she reasonably believes that to do so |
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would put her at risk of retaliation resulting in serious bodily |
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injury; or |
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(3) an act done with the intent to: |
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(A) save the life or preserve the health of an |
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unborn child; |
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(B) remove a dead, unborn child whose death was |
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caused by spontaneous abortion; |
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(C) remove an ectopic pregnancy; or |
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(D) treat a maternal disease or illness for which |
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a prescribed drug, medicine, or other substance is indicated. |
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SECTION 2. Section 164.052(a), Occupations Code, as |
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effective on the 91st day after the last day of the 83rd |
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Legislature, 2nd Called Session, 2013, is amended to read as |
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follows: |
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(a) A physician or an applicant for a license to practice |
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medicine commits a prohibited practice if that person: |
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(1) submits to the board a false or misleading |
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statement, document, or certificate in an application for a |
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license; |
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(2) presents to the board a license, certificate, or |
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diploma that was illegally or fraudulently obtained; |
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(3) commits fraud or deception in taking or passing an |
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examination; |
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(4) uses alcohol or drugs in an intemperate manner |
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that, in the board's opinion, could endanger a patient's life; |
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(5) commits unprofessional or dishonorable conduct |
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that is likely to deceive or defraud the public, as provided by |
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Section 164.053, or injure the public; |
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(6) uses an advertising statement that is false, |
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misleading, or deceptive; |
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(7) advertises professional superiority or the |
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performance of professional service in a superior manner if that |
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advertising is not readily subject to verification; |
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(8) purchases, sells, barters, or uses, or offers to |
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purchase, sell, barter, or use, a medical degree, license, |
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certificate, or diploma, or a transcript of a license, certificate, |
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or diploma in or incident to an application to the board for a |
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license to practice medicine; |
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(9) alters, with fraudulent intent, a medical license, |
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certificate, or diploma, or a transcript of a medical license, |
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certificate, or diploma; |
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(10) uses a medical license, certificate, or diploma, |
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or a transcript of a medical license, certificate, or diploma that |
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has been: |
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(A) fraudulently purchased or issued; |
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(B) counterfeited; or |
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(C) materially altered; |
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(11) impersonates or acts as proxy for another person |
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in an examination required by this subtitle for a medical license; |
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(12) engages in conduct that subverts or attempts to |
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subvert an examination process required by this subtitle for a |
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medical license; |
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(13) impersonates a physician or permits another to |
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use the person's license or certificate to practice medicine in |
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this state; |
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(14) directly or indirectly employs a person whose |
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license to practice medicine has been suspended, canceled, or |
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revoked; |
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(15) associates in the practice of medicine with a |
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person: |
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(A) whose license to practice medicine has been |
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suspended, canceled, or revoked; or |
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(B) who has been convicted of the unlawful |
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practice of medicine in this state or elsewhere; |
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(16) performs or procures a criminal abortion, aids or |
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abets in the procuring of a criminal abortion, attempts to perform |
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or procure a criminal abortion, or attempts to aid or abet the |
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performance or procurement of a criminal abortion; |
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(17) directly or indirectly aids or abets the practice |
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of medicine by a person, partnership, association, or corporation |
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that is not licensed to practice medicine by the board; |
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(18) performs an abortion on a woman who is pregnant |
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with a viable unborn child during the third trimester of the |
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pregnancy unless: |
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(A) the abortion is necessary to prevent the |
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death of the woman; |
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(B) the viable unborn child has a severe, |
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irreversible brain impairment; or |
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(C) the woman is diagnosed with a significant |
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likelihood of suffering imminent severe, irreversible brain damage |
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or imminent severe, irreversible paralysis; |
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(19) performs an abortion on an unemancipated minor |
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without the written consent of the child's parent, managing |
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conservator, or legal guardian or without a court order, as |
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provided by Section 33.003 or 33.004, Family Code, authorizing the |
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minor to consent to the abortion, unless the physician concludes |
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that on the basis of the physician's good faith clinical judgment, a |
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condition exists that complicates the medical condition of the |
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pregnant minor and necessitates the immediate abortion of her |
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pregnancy to avert her death or to avoid a serious risk of |
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substantial impairment of a major bodily function and that there is |
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insufficient time to obtain the consent of the child's parent, |
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managing conservator, or legal guardian; [or] |
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(20) performs or induces or attempts to perform or |
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induce an abortion in violation of Subchapter C, Chapter 171, |
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Health and Safety Code; or |
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(21) performs or induces an abortion in violation of |
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Subchapter E, Chapter 171, Health and Safety Code. |
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SECTION 3. (a) The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules required by |
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Subchapter E, Chapter 171, Health and Safety Code, as added by this |
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Act, not later than January 1, 2014. |
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(b) The Health and Human Services Commission shall make the |
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resource awareness session described by Subchapter E, Chapter 171, |
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Health and Safety Code, as added by this Act, available on its |
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Internet website not later than June 1, 2014. |
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SECTION 4. The change in law made by this Act applies only |
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to an abortion performed or induced on or after July 1, 2014. An |
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abortion performed or induced before July 1, 2014, is governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect on the 91st day after the |
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last day of the legislative session. |