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 - Dead) 2017-07-27 - Received from the Senate [SB73 Detail]
Download: Texas-2017-SB73-Engrossed.html
By: Hughes, et al. | S.B. No. 73 |
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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 [ |
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on a form prescribed by the commission [ |
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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. |