Bill Text: TX HB1229 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to abortion safety; authorizing an administrative penalty.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2021-03-04 - Referred to Public Health [HB1229 Detail]
Download: Texas-2021-HB1229-Introduced.html
87R3357 SCL-F | ||
By: Leman | H.B. No. 1229 |
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relating to abortion safety; authorizing an administrative | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 171.006(b), Health and Safety Code, as | ||
added by Chapter 4 (H.B. 13), Acts of the 85th Legislature, 1st | ||
Called Session, 2017, is amended to read as follows: | ||
(b) The reporting requirements of this section apply only | ||
to: | ||
(1) a physician who: | ||
(A) performs at an abortion facility an abortion | ||
that results in an abortion complication diagnosed or treated by | ||
that physician; or | ||
(B) diagnoses or treats [ |
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an abortion complication that is the result of an abortion | ||
performed by another physician [ |
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(2) a health care facility that is a hospital, | ||
abortion facility, freestanding emergency medical care facility, | ||
or health care facility that provides emergency medical care, as | ||
defined by Section 773.003. | ||
SECTION 2. Subchapter A, Chapter 171, Health and Safety | ||
Code, is amended by adding Section 171.008 to read as follows: | ||
Sec. 171.008. REQUIRED FOLLOW-UP APPOINTMENT. (a) A | ||
physician who performs an abortion or gives, sells, dispenses, | ||
administers, provides, or prescribes an abortion-inducing drug, as | ||
defined by Section 171.061, or the physician's agent, must schedule | ||
a follow-up appointment for the woman on a date not more than 14 | ||
days after the date the abortion is performed or the drug is | ||
administered or used. At the appointment, the physician must: | ||
(1) confirm the woman's pregnancy is completely | ||
terminated; and | ||
(2) assess any continued blood loss. | ||
(b) The Texas Medical Board may take disciplinary action | ||
under Chapter 164, Occupations Code, or assess an administrative | ||
penalty under Subchapter A, Chapter 165, Occupations Code, against | ||
a physician who violates Subsection (a). | ||
(c) A penalty may not be assessed against a pregnant woman | ||
who receives an abortion. | ||
SECTION 3. Subdivision (3), Section 171.061, Health and | ||
Safety Code, is redesignated as Subdivision (8-a), Section 171.061, | ||
Health and Safety Code, and amended to read as follows: | ||
(8-a) "Printed [ |
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means the informational document approved by the United States Food | ||
and Drug Administration for an abortion-inducing drug that: | ||
(A) outlines the protocol authorized by that | ||
agency and agreed to by the drug company applying for authorization | ||
of the drug by that agency; and | ||
(B) delineates how a drug is to be used according | ||
to approval by that agency. | ||
SECTION 4. Sections 171.063(a), (d), and (f), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) A person may not knowingly give, sell, dispense, | ||
administer, provide, or prescribe an abortion-inducing drug to a | ||
pregnant woman for the purpose of inducing an abortion in the | ||
pregnant woman or enabling another person to induce an abortion in | ||
the pregnant woman unless: | ||
(1) the person who gives, sells, dispenses, | ||
administers, provides, or prescribes the abortion-inducing drug is | ||
a physician; and | ||
(2) except as otherwise provided by Subsection (b), | ||
the provision, prescription, or administration of the | ||
abortion-inducing drug satisfies the protocol tested and | ||
authorized by the United States Food and Drug Administration as | ||
outlined in the [ |
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as of January 1, 2021. | ||
(d) The physician who gives, sells, dispenses, administers, | ||
provides, or prescribes an abortion-inducing drug shall provide the | ||
pregnant woman with: | ||
(1) a copy of the [ |
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abortion-inducing drug as of January 1, 2021; and | ||
(2) a telephone number by which the pregnant woman may | ||
reach the physician, or other health care personnel employed by the | ||
physician or by the facility at which the abortion was performed | ||
with access to the woman's relevant medical records, 24 hours a day | ||
to request assistance for any complications that arise from the | ||
administration or use of the drug or ask health-related questions | ||
regarding the administration or use of the drug. | ||
(f) The physician who gives, sells, dispenses, administers, | ||
provides, or prescribes the abortion-inducing drug, or the | ||
physician's agent, shall make a reasonable effort to ensure that | ||
the woman returns for the scheduled follow-up appointment [ |
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under Section 171.008 [ |
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physician's agent shall document a brief description of any effort | ||
made to comply with this subsection, including the date, time, and | ||
name of the person making the effort, in the woman's medical record. | ||
SECTION 5. Section 171.063(e), Health and Safety Code, is | ||
repealed. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
an abortion performed or induced on or after the effective date of | ||
this Act. An abortion performed or induced before the effective | ||
date of this Act 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 7. This Act takes effect September 1, 2021. |