Bill Text: TX HB2538 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the repeal of provisions related to notice and consent to an abortion on a minor.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-13 - Referred to Judiciary & Civil Jurisprudence [HB2538 Detail]
Download: Texas-2023-HB2538-Introduced.html
88R9985 JG-D | ||
By: Leo-Wilson | H.B. No. 2538 |
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relating to the repeal of provisions related to notice and consent | ||
to an abortion on a minor. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 266.010(a), Family Code, is amended to | ||
read as follows: | ||
(a) A foster child who is at least 16 years of age may | ||
consent to the provision of medical care[ |
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that the child has the capacity to consent to medical care. If the | ||
child provides consent by signing a consent form, the form must be | ||
written in language the child can understand. | ||
SECTION 2. Section 171.006(a), Health and Safety Code, as | ||
added by Chapter 9, (H.B. 215), Acts of the 85th Legislature, 1st | ||
Called Session, 2017, is amended to read as follows: | ||
(a) For each abortion performed on a woman who is younger | ||
than 18 years of age, the physician who performed the abortion shall | ||
document in the woman's medical record and report to the commission | ||
in the report required under Section 245.011: | ||
(1) one of the following methods for obtaining | ||
authorization for the abortion: | ||
(A) the woman's parent, managing conservator, or | ||
legal guardian provided the written consent required by Section | ||
164.052(a)(19), Occupations Code; | ||
(B) [ |
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woman has had the disabilities of minority removed and is | ||
authorized under law to have the abortion without the written | ||
consent required by Section 164.052(a)(19), Occupations Code[ |
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(C) [ |
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in writing in the woman's medical record that on the basis of the | ||
physician's good faith clinical judgment: | ||
(i) a condition existed that complicated | ||
the medical condition of the woman and necessitated the immediate | ||
abortion of the woman's pregnancy to avert the woman's death or to | ||
avoid a serious risk of substantial impairment of a major bodily | ||
function; and | ||
(ii) there was insufficient time to obtain | ||
the consent of the woman's parent, managing conservator, or legal | ||
guardian; and | ||
(2) if the woman's parent, managing conservator, or | ||
legal guardian provided the written consent described by | ||
Subdivision (1)(A), whether the consent was given: | ||
(A) in person at the location where the abortion | ||
was performed; or | ||
(B) at a place other than the location where the | ||
abortion was performed[ |
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SECTION 3. Section 171.012(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Consent to an abortion is voluntary and informed only | ||
if: | ||
(1) the physician who is to perform or induce the | ||
abortion informs the pregnant woman on whom the abortion is to be | ||
performed or induced of: | ||
(A) the physician's name; | ||
(B) the particular medical risks associated with | ||
the particular abortion procedure to be employed, including, when | ||
medically accurate: | ||
(i) the risks of infection and hemorrhage; | ||
(ii) the potential danger to a subsequent | ||
pregnancy and of infertility; and | ||
(iii) the possibility of increased risk of | ||
breast cancer following an induced abortion and the natural | ||
protective effect of a completed pregnancy in avoiding breast | ||
cancer; | ||
(C) the probable gestational age of the unborn | ||
child at the time the abortion is to be performed or induced; and | ||
(D) the medical risks associated with carrying | ||
the child to term; | ||
(2) the physician who is to perform or induce the | ||
abortion or the physician's agent informs the pregnant woman that: | ||
(A) medical assistance benefits may be available | ||
for prenatal care, childbirth, and neonatal care; | ||
(B) the father is liable for assistance in the | ||
support of the child without regard to whether the father has | ||
offered to pay for the abortion; and | ||
(C) public and private agencies provide | ||
pregnancy prevention counseling and medical referrals for | ||
obtaining pregnancy prevention medications or devices, including | ||
emergency contraception for victims of rape or incest; | ||
(3) the physician who is to perform or induce the | ||
abortion or the physician's agent: | ||
(A) provides the pregnant woman with the printed | ||
materials described by Section 171.014; and | ||
(B) informs the pregnant woman that those | ||
materials: | ||
(i) have been provided by the commission; | ||
(ii) are accessible on an Internet website | ||
sponsored by the commission; | ||
(iii) describe the unborn child and list | ||
agencies that offer alternatives to abortion; and | ||
(iv) include a list of agencies that offer | ||
sonogram services at no cost to the pregnant woman; | ||
(4) before any sedative or anesthesia is administered | ||
to the pregnant woman and at least 24 hours before the abortion or | ||
at least two hours before the abortion if the pregnant woman waives | ||
this requirement by certifying that she currently lives 100 miles | ||
or more from the nearest abortion provider that is a facility | ||
licensed under Chapter 245 or a facility that performs more than 50 | ||
abortions in any 12-month period: | ||
(A) the physician who is to perform or induce the | ||
abortion or an agent of the physician who is also a sonographer | ||
certified by a national registry of medical sonographers performs a | ||
sonogram on the pregnant woman on whom the abortion is to be | ||
performed or induced; | ||
(B) the physician who is to perform or induce the | ||
abortion displays the sonogram images in a quality consistent with | ||
current medical practice in a manner that the pregnant woman may | ||
view them; | ||
(C) the physician who is to perform or induce the | ||
abortion provides, in a manner understandable to a layperson, a | ||
verbal explanation of the results of the sonogram images, including | ||
a medical description of the dimensions of the embryo or fetus, the | ||
presence of cardiac activity, and the presence of external members | ||
and internal organs; and | ||
(D) the physician who is to perform or induce the | ||
abortion or an agent of the physician who is also a sonographer | ||
certified by a national registry of medical sonographers makes | ||
audible the heart auscultation for the pregnant woman to hear, if | ||
present, in a quality consistent with current medical practice and | ||
provides, in a manner understandable to a layperson, a simultaneous | ||
verbal explanation of the heart auscultation; | ||
(5) before receiving a sonogram under Subdivision | ||
(4)(A) and before the abortion is performed or induced and before | ||
any sedative or anesthesia is administered, the pregnant woman | ||
completes and certifies with her signature an election form that | ||
states as follows: | ||
"ABORTION AND SONOGRAM ELECTION | ||
(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY | ||
SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN | ||
PROVIDED AND EXPLAINED TO ME. | ||
(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN | ||
ABORTION. | ||
(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR | ||
TO RECEIVING AN ABORTION. | ||
(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE | ||
SONOGRAM IMAGES. | ||
(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE | ||
HEARTBEAT. | ||
(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN | ||
EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO | ||
ONE OF THE FOLLOWING: | ||
___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT, | ||
INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN | ||
REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN | ||
REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT | ||
RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY. | ||
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___ MY UNBORN CHILD HAS AN IRREVERSIBLE MEDICAL | ||
CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC | ||
PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE. | ||
(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND | ||
WITHOUT COERCION. | ||
(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE | ||
NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER | ||
245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE | ||
THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY: | ||
I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR | ||
MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED | ||
UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS | ||
IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS | ||
AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION | ||
PROCEDURE. MY PLACE OF RESIDENCE IS:__________. | ||
____________________ ____________________ | ||
SIGNATURE DATE"; | ||
(6) before the abortion is performed or induced, the | ||
physician who is to perform or induce the abortion receives a copy | ||
of the signed, written certification required by Subdivision (5); | ||
and | ||
(7) the pregnant woman is provided the name of each | ||
person who provides or explains the information required under this | ||
subsection. | ||
SECTION 4. Section 171.0122(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) A pregnant woman may choose not to receive the verbal | ||
explanation of the results of the sonogram images under Section | ||
171.012(a)(4)(C) if: | ||
(1) the woman's 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 | ||
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or abnormality, as previously identified by reliable diagnostic | ||
procedures and documented in the woman's medical file. | ||
SECTION 5. Section 245.006(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The department shall inspect an abortion facility at | ||
random, unannounced, and reasonable times as necessary to ensure | ||
compliance with this chapter and [ |
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SECTION 6. Section 164.052(a), Occupations Code, 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 [ |
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abortion is necessary due to a medical emergency, as defined by | ||
Section 171.002, Health and Safety Code; | ||
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induce an abortion in violation of Subchapter C, F, or G, Chapter | ||
171, Health and Safety Code; | ||
(21) [ |
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in Sections 166.045 and 166.046, Health and Safety Code, wilfully | ||
fails to make a reasonable effort to transfer a patient to a | ||
physician who is willing to comply with a directive; or | ||
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individual the performance of a pelvic examination on an | ||
anesthetized or unconscious patient in violation of Section | ||
167A.002, Health and Safety Code. | ||
SECTION 7. The following provisions are repealed: | ||
(1) Chapter 33, Family Code; | ||
(2) Section 171.006(c), Health and Safety Code, as | ||
added by Chapter 9 (H.B. 215), Acts of the 85th Legislature, 1st | ||
Called Session, 2017; and | ||
(3) Section 171.017, Health and Safety Code. | ||
SECTION 8. The change in law made by this Act applies only | ||
to an abortion performed on or after the effective date of this Act. | ||
An abortion performed before the effective date of this Act is | ||
governed by the law in effect on the date the abortion was | ||
performed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 9. The change in law made by this Act by the repeal | ||
of Section 33.006, Family Code, does not apply to a cause of action | ||
that accrued before the effective date of this Act. A cause of | ||
action that accrued before the effective date of this Act is | ||
governed by the law in effect on the date the cause of action | ||
accrued, and the former law is continued in effect for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2023. |