86R1664 SCL-D
	By: Swanson	H.B. No. 47

	A BILL TO BE ENTITLED
	AN ACT
	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; [or]
	(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 [that section or chapter].
	(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.