Bill Text: TX HB47 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to prohibited acts regarding abortion for a physician or applicant for a medical license.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2019-02-11 - Referred to Public Health [HB47 Detail]
Download: Texas-2019-HB47-Introduced.html
86R1664 SCL-D | ||
By: Swanson | H.B. No. 47 |
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relating to prohibited acts regarding abortion for a physician or | ||
applicant for a medical license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 or without a court order, as | ||
provided by Section 33.003 or 33.004, Family Code, unless the | ||
abortion is necessary due to a medical emergency, as defined by | ||
Section 171.002, Health and Safety Code; | ||
(20) otherwise performs an abortion on an | ||
unemancipated minor in violation of Chapter 33, Family Code; [ |
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(21) performs or induces or attempts to perform or | ||
induce an abortion in violation of Subchapter C, F, or G, Chapter | ||
171, Health and Safety Code; or | ||
(22) notwithstanding Subdivisions (18)-(21) or any | ||
other law, performs an abortion on a woman unless: | ||
(A) a condition exists that, in a physician's | ||
reasonable medical judgment, complicates the woman's medical | ||
condition and necessitates the abortion 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; | ||
(B) the abortion is to remove an ectopic | ||
pregnancy; or | ||
(C) if the woman is pregnant with multiple unborn | ||
children, the abortion is necessary to ensure at least one child is | ||
born alive and healthy. | ||
SECTION 2. Section 164.055, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 164.055. PROHIBITED ACTS REGARDING ABORTION. (a) The | ||
board shall take an appropriate disciplinary action against a | ||
physician who violates Section 170.002, Health and Safety Code, or | ||
Chapter 171, Health and Safety Code, and shall revoke the license of | ||
a physician who violates Section 164.052(a)(22) of this code. The | ||
board shall refuse to admit to examination or refuse to issue a | ||
license or renewal license to a person who violates any of those | ||
provisions [ |
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(b) The sanctions provided by Subsection (a) are in addition | ||
to any other grounds for refusal to admit persons to examination | ||
under this subtitle or to issue a license or renew a license to | ||
practice medicine under this subtitle. The criminal penalties | ||
provided by Section 165.152 do not apply to a violation of Section | ||
170.002, Health and Safety Code, or Subchapter C, F, or G, Chapter | ||
171, Health and Safety Code, or Section 164.052(a)(22) of this | ||
code. | ||
SECTION 3. Sections 164.052 and 164.055, Occupations Code, | ||
as amended by this Act, apply 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 applicable to | ||
the abortion on the date the abortion is performed, and that law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. |