Bill Text: TX SB73 | 2017 | 85th Legislature 1st Special Session | Engrossed


Bill Title: Relating to reporting and certification requirements by certain physicians regarding certain abortions.

Spectrum: Partisan Bill (Republican 20-1)

Status: (Engrossed) 2017-07-27 - Received from the Senate [SB73 Detail]

Download: Texas-2017-SB73-Engrossed.html
 
 
  By: Hughes, et al. S.B. No. 73
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reporting and certification requirements by certain
  physicians regarding certain abortions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 170.002(c), Health and Safety Code, is
  amended to read as follows:
         (c)  A physician who performs an abortion that, according to
  the physician's best medical judgment at the time of the abortion,
  is to abort a viable unborn child during the third trimester of the
  pregnancy shall certify in writing to the commission [department],
  on a form prescribed by the commission [department], the medical
  indications supporting the physician's judgment that the abortion
  was authorized by Subsection (b)(2) or (3). If the physician
  certifies the abortion was authorized by Subsection (b)(3), the
  physician shall certify in writing on the form the fetal
  abnormality identified by the physician. The certification must be
  made not later than the 30th day after the date the abortion was
  performed.
         SECTION 2.  Subchapter A, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.006 to read as follows:
         Sec. 171.006.  REPORTING REQUIREMENTS FOR ABORTIONS
  PERFORMED ON WOMEN YOUNGER THAN 18 YEARS OF AGE. (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:
               (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)  the woman obtained judicial authorization
  under Section 33.003 or 33.004, Family Code;
                     (C)  the woman consented to the abortion if the
  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, or
  without judicial authorization under Section 33.003 or 33.004,
  Family Code; or
                     (D)  the physician concluded and documented 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;
               (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; and
               (3)  if the woman obtained the judicial authorization
  described by Subdivision (1)(B):
                     (A)  if applicable, the process the physician or
  physician's agent used to inform the woman of the availability of
  petitioning for judicial authorization as an alternative to the
  written consent required by Section 164.052(a)(19), Occupations
  Code;
                     (B)  whether the court forms were provided to the
  woman by the physician or the physician's agent; and
                     (C)  whether the physician or the physician's
  agent made arrangements for the woman's court appearance.
         (b)  Except as provided by Section 245.023, all information
  and records held by the commission under this section are
  confidential and are not open records for the purposes of Chapter
  552, Government Code. That information may not be released or made
  public on subpoena or otherwise, except release may be made:
               (1)  for statistical purposes, but only if a person,
  patient, or health care facility is not identified;
               (2)  with the consent of each person, patient, and
  facility identified in the information released;
               (3)  to medical personnel, appropriate state agencies,
  or county and district courts to enforce this chapter; or
               (4)  to appropriate state licensing boards to enforce
  state licensing laws.
         (c)  Any information released by the commission may not
  identify by any means the county in which a minor obtained judicial
  authorization for an abortion under Chapter 33, Family Code.
         SECTION 3.  Section 170.002, Health and Safety Code, as
  amended by this Act, and Section 171.006, Health and Safety Code, as
  added by this Act, apply only to an abortion performed on or after
  December 1, 2017. An abortion performed before December 1, 2017, is
  governed by the law applicable to the abortion immediately before
  the effective date of this Act, and that law is continued in effect
  for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.
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