Bill Text: TX SB36 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to abortion reporting and exemptions to abortion facility licensing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-06 - Filed [SB36 Detail]
Download: Texas-2021-SB36-Introduced.html
| 87S20004 SCL-D | ||
| By: Perry | S.B. No. 36 | |
|
|
||
|
|
||
| relating to abortion reporting and exemptions to abortion facility | ||
| licensing. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 245.004, Health and Safety Code, as | ||
| amended by Chapters 198 (H.B. 2292) and 999 (H.B. 15), Acts of the | ||
| 78th Legislature, Regular Session, 2003, is reenacted and amended | ||
| to read as follows: | ||
| Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a) | ||
| The following facilities need not be licensed under this chapter: | ||
| (1) a hospital licensed under Chapter 241 (Texas | ||
| Hospital Licensing Law); [ |
||
| (2) the office of a physician licensed under Subtitle | ||
| B, Title 3, Occupations Code, unless the office is used | ||
| substantially for the purpose of performing [ |
||
| abortions; or | ||
| (3) an ambulatory surgical center licensed under | ||
| Chapter 243. | ||
| (b) For purposes of this section, a facility is used | ||
| substantially for the purpose of performing abortions if the | ||
| facility: | ||
| (1) is a provider for performing: | ||
| (A) at least five [ |
||
| any month; or | ||
| (B) at least 50 [ |
||
| 12-month period [ |
||
| (2) operates less than 20 days in a month and the | ||
| facility, in any month, is a provider for performing a number of | ||
| abortion procedures that would be equivalent to at least five [ |
||
| procedures in a month if the facility were operating at least 20 | ||
| days in a month; | ||
| (3) holds itself out to the public as an abortion | ||
| provider by advertising by any public means, including advertising | ||
| placed in a newspaper, telephone directory, magazine, or electronic | ||
| medium, that the facility performs abortions; or | ||
| (4) applies for an abortion facility license. | ||
| (b-1) In computing the number of abortions performed for | ||
| purposes of Subsections (b)(1) and (2), an abortion performed in | ||
| accordance with Section 245.016 is not included. | ||
| (c) For purposes of this section, an abortion facility is | ||
| operating if the facility is open for any period of time during a | ||
| day and has on site at the facility or on call a physician available | ||
| to perform abortions. | ||
| SECTION 2. Section 245.011(c), Health and Safety Code, as | ||
| effective September 1, 2021, is amended to read as follows: | ||
| (c) The report must include: | ||
| (1) whether the abortion facility at which the | ||
| abortion is performed is licensed under this chapter; | ||
| (2) the patient's year of birth, race, marital status, | ||
| and state and county of residence; | ||
| (3) the type of abortion procedure performed; | ||
| (4) the date the abortion was performed; | ||
| (5) whether the patient survived the abortion, and if | ||
| the patient did not survive, the cause of death; | ||
| (6) the probable post-fertilization age of the unborn | ||
| child based on the best medical judgment of the attending physician | ||
| at the time of the procedure; | ||
| (7) the date, if known, of the patient's last menstrual | ||
| cycle; | ||
| (8) the number of previous live births of the patient; | ||
| (9) the number of previous induced abortions of the | ||
| patient; | ||
| (10) whether the abortion was performed or induced | ||
| because of a medical emergency and any medical condition of the | ||
| pregnant woman that required the abortion; [ |
||
| (11) the county in which the abortion was performed; | ||
| and | ||
| (12) the information required under Sections | ||
| 171.008(a) and (c). | ||
| SECTION 3. Section 245.002, Health and Safety Code, is | ||
| amended by adding Subdivision (3) to read as follows: | ||
| (3) "Commission" means the Health and Human Services | ||
| Commission. | ||
| SECTION 4. Section 245.0116, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 245.0116. COMMISSION [ |
||
| commission [ |
||
| monthly report containing aggregate data of the information in the | ||
| reports submitted under Section 245.011. The report must specify | ||
| the number of abortions performed in each county during the | ||
| reporting period. | ||
| (b) The commission's [ |
||
| identify by any means an abortion facility, a physician performing | ||
| the abortion, or a patient. | ||
| SECTION 5. Section 164.052(a), Occupations Code, as | ||
| effective September 1, 2021, 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; | ||
| (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; | ||
| (22) in complying with the procedures outlined 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; [ |
||
| (23) performs or delegates to another individual the | ||
| performance of a pelvic examination on an anesthetized or | ||
| unconscious patient in violation of Section 167A.002, Health and | ||
| Safety Code; or | ||
| (24) fails to submit a report required by Section | ||
| 245.011, Health and Safety Code. | ||
| SECTION 6. The changes in law made by this Act apply only to | ||
| an abortion performed on or after the effective date of this Act. | ||
| SECTION 7. This Act takes effect January 1, 2022. | ||
