Bill Text: TX HB21 | 2013 | 83rd Legislature 3rd Special Session | Introduced
Bill Title: Relating to a pregnant woman's completion of a resource awareness session before performance or inducement of an abortion; providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-08-05 - Filed [HB21 Detail]
Download: Texas-2013-HB21-Introduced.html
| 83S30121 AJZ-D | ||
| By: Callegari | H.B. No. 21 | |
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| relating to a pregnant woman's completion of a resource awareness | ||
| session before performance or inducement of an abortion; providing | ||
| penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 171, Health and Safety Code, is amended | ||
| by adding Subchapter E to read as follows: | ||
| SUBCHAPTER E. RESOURCE AWARENESS SESSION | ||
| Sec. 171.101. RESOURCE AWARENESS SESSION. (a) The Health | ||
| and Human Services Commission, in consultation with the department | ||
| and the Department of Family and Protective Services, shall: | ||
| (1) develop a resource awareness session of not more | ||
| than three hours that provides information regarding: | ||
| (A) a pregnant woman's option to place her child | ||
| for adoption; | ||
| (B) women's health before and during pregnancy; | ||
| and | ||
| (C) available resources for pregnant women and | ||
| their children, including: | ||
| (i) the federal special supplemental | ||
| nutrition program for women, infants, and children authorized by 42 | ||
| U.S.C. Section 1786; | ||
| (ii) the supplemental nutrition assistance | ||
| program under Chapter 33, Human Resources Code; and | ||
| (iii) information on selection of a | ||
| physician; | ||
| (2) make the session available at no cost to any person | ||
| who wishes to take the session on the commission's Internet website | ||
| in English, Spanish, and any other language the executive | ||
| commissioner determines appropriate; and | ||
| (3) provide a dated certificate of completion to each | ||
| person who completes the session. | ||
| (b) Except as provided by Section 171.102, a pregnant woman | ||
| may not obtain an abortion unless the woman completes the resource | ||
| awareness session described by Subsection (a) and submits the | ||
| certificate of completion to the physician performing or inducing | ||
| the abortion. The session must be completed not more than 30 days | ||
| and not less than 24 hours before the abortion is performed or | ||
| induced. | ||
| (c) Except as provided by Section 171.102, a physician may | ||
| not perform or induce an abortion on a pregnant woman without first | ||
| receiving from the woman a certificate of completion described by | ||
| Subsection (a)(3) for a resource awareness session completed by the | ||
| woman in the time authorized under Subsection (b). | ||
| (d) The executive commissioner of the Health and Human | ||
| Services Commission, in consultation with the department and the | ||
| Department of Family and Protective Services, shall adopt the rules | ||
| necessary to implement this subchapter, including rules to provide | ||
| pregnant minors with access to the resource awareness session. | ||
| Sec. 171.102. APPLICABILITY. This subchapter does not | ||
| apply to: | ||
| (1) an abortion performed or induced if there exists a | ||
| condition that, in the physician's reasonable medical judgment, so | ||
| complicates the medical condition of the woman that, to avert the | ||
| woman's death or a serious risk of substantial and irreversible | ||
| physical impairment of a major bodily function, other than a | ||
| psychological condition, it necessitates the immediate abortion of | ||
| her pregnancy; | ||
| (2) an abortion performed on a minor whose pregnancy | ||
| is a result of a sexual assault, incest, or other violation of the | ||
| Penal Code that has been reported to law enforcement authorities or | ||
| that has not been reported because she has a reason that she | ||
| declines to reveal because she reasonably believes that to do so | ||
| would put her at risk of retaliation resulting in serious bodily | ||
| injury; or | ||
| (3) an act done with the intent to: | ||
| (A) save the life or preserve the health of an | ||
| unborn child; | ||
| (B) remove a dead, unborn child whose death was | ||
| caused by spontaneous abortion; | ||
| (C) remove an ectopic pregnancy; or | ||
| (D) treat a maternal disease or illness for which | ||
| a prescribed drug, medicine, or other substance is indicated. | ||
| SECTION 2. Section 164.052(a), Occupations Code, as | ||
| effective on the 91st day after the last day of the 83rd | ||
| Legislature, 2nd Called Session, 2013, is amended to read as | ||
| follows: | ||
| (a) A physician or an applicant for a license to practice | ||
| medicine commits a prohibited practice if that person: | ||
| (1) submits to the board a false or misleading | ||
| statement, document, or certificate in an application for a | ||
| license; | ||
| (2) presents to the board a license, certificate, or | ||
| diploma that was illegally or fraudulently obtained; | ||
| (3) commits fraud or deception in taking or passing an | ||
| examination; | ||
| (4) uses alcohol or drugs in an intemperate manner | ||
| that, in the board's opinion, could endanger a patient's life; | ||
| (5) commits unprofessional or dishonorable conduct | ||
| that is likely to deceive or defraud the public, as provided by | ||
| Section 164.053, or injure the public; | ||
| (6) uses an advertising statement that is false, | ||
| misleading, or deceptive; | ||
| (7) advertises professional superiority or the | ||
| performance of professional service in a superior manner if that | ||
| advertising is not readily subject to verification; | ||
| (8) purchases, sells, barters, or uses, or offers to | ||
| purchase, sell, barter, or use, a medical degree, license, | ||
| certificate, or diploma, or a transcript of a license, certificate, | ||
| or diploma in or incident to an application to the board for a | ||
| license to practice medicine; | ||
| (9) alters, with fraudulent intent, a medical license, | ||
| certificate, or diploma, or a transcript of a medical license, | ||
| certificate, or diploma; | ||
| (10) uses a medical license, certificate, or diploma, | ||
| or a transcript of a medical license, certificate, or diploma that | ||
| has been: | ||
| (A) fraudulently purchased or issued; | ||
| (B) counterfeited; or | ||
| (C) materially altered; | ||
| (11) impersonates or acts as proxy for another person | ||
| in an examination required by this subtitle for a medical license; | ||
| (12) engages in conduct that subverts or attempts to | ||
| subvert an examination process required by this subtitle for a | ||
| medical license; | ||
| (13) impersonates a physician or permits another to | ||
| use the person's license or certificate to practice medicine in | ||
| this state; | ||
| (14) directly or indirectly employs a person whose | ||
| license to practice medicine has been suspended, canceled, or | ||
| revoked; | ||
| (15) associates in the practice of medicine with a | ||
| person: | ||
| (A) whose license to practice medicine has been | ||
| suspended, canceled, or revoked; or | ||
| (B) who has been convicted of the unlawful | ||
| practice of medicine in this state or elsewhere; | ||
| (16) performs or procures a criminal abortion, aids or | ||
| abets in the procuring of a criminal abortion, attempts to perform | ||
| or procure a criminal abortion, or attempts to aid or abet the | ||
| performance or procurement of a criminal abortion; | ||
| (17) directly or indirectly aids or abets the practice | ||
| of medicine by a person, partnership, association, or corporation | ||
| that is not licensed to practice medicine by the board; | ||
| (18) performs an abortion on a woman who is pregnant | ||
| with a viable unborn child during the third trimester of the | ||
| pregnancy unless: | ||
| (A) the abortion is necessary to prevent the | ||
| death of the woman; | ||
| (B) the viable unborn child has a severe, | ||
| irreversible brain impairment; or | ||
| (C) the woman is diagnosed with a significant | ||
| likelihood of suffering imminent severe, irreversible brain damage | ||
| or imminent severe, irreversible paralysis; | ||
| (19) performs an abortion on an unemancipated minor | ||
| without the written consent of the child's parent, managing | ||
| conservator, or legal guardian or without a court order, as | ||
| provided by Section 33.003 or 33.004, Family Code, authorizing the | ||
| minor to consent to the abortion, unless the physician concludes | ||
| that on the basis of the physician's good faith clinical judgment, a | ||
| condition exists that complicates the medical condition of the | ||
| pregnant minor and necessitates the immediate abortion of her | ||
| pregnancy to avert her death or to avoid a serious risk of | ||
| substantial impairment of a major bodily function and that there is | ||
| insufficient time to obtain the consent of the child's parent, | ||
| managing conservator, or legal guardian; [ |
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| (20) performs or induces or attempts to perform or | ||
| induce an abortion in violation of Subchapter C, Chapter 171, | ||
| Health and Safety Code; or | ||
| (21) performs or induces an abortion in violation of | ||
| Subchapter E, Chapter 171, Health and Safety Code. | ||
| SECTION 3. (a) The executive commissioner of the Health and | ||
| Human Services Commission shall adopt the rules required by | ||
| Subchapter E, Chapter 171, Health and Safety Code, as added by this | ||
| Act, not later than January 1, 2014. | ||
| (b) The Health and Human Services Commission shall make the | ||
| resource awareness session described by Subchapter E, Chapter 171, | ||
| Health and Safety Code, as added by this Act, available on its | ||
| Internet website not later than June 1, 2014. | ||
| SECTION 4. The change in law made by this Act applies only | ||
| to an abortion performed or induced on or after July 1, 2014. An | ||
| abortion performed or induced before July 1, 2014, is governed by | ||
| the law in effect immediately before the effective date of this Act, | ||
| and that law is continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
