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A BILL TO BE ENTITLED
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AN ACT
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relating to consent to an abortion on a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.011, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.011. INFORMED CONSENT REQUIRED. A person may not |
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perform an abortion without the voluntary and informed consent of |
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the woman, regardless of the age of the woman, on whom the abortion |
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is to be performed. |
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SECTION 2. Section 164.052(a), Occupations Code, is amended |
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to read as 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, notarized consent of the minor and the minor's |
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[child's] parent, managing conservator, or legal guardian or |
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without a court order, as provided by Section 33.003 or 33.004, |
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Family Code, authorizing the minor to consent to the abortion, |
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unless the physician concludes that on the basis of the physician's |
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good faith clinical judgment, a condition exists that complicates |
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the medical condition of the pregnant minor and necessitates the |
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immediate abortion of her pregnancy to avert her death or to avoid a |
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serious risk of substantial impairment of a major bodily function |
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and that there is insufficient time to obtain the consent of the |
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minor and the minor's [child's] parent, managing conservator, or |
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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. |
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SECTION 3. The changes in law made by this Act apply only to |
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an abortion performed on or after the effective date of this Act. |
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An abortion performed before the effective date of this Act is |
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governed by the law in effect on the date the abortion was |
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performed, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |