Plesa Abortion Bill Also Shields Physicians From Liability And Discipline

The text as introduced · 2,813 words

89R11985 JG-D

By: Plesa
H.B. No. 2651

A BILL TO BE ENTITLED

AN ACT

relating to an exemption from abortion restrictions for

unemancipated minors and the repeal of provisions regarding notice

and consent to those abortions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle H, Title 2, Health and Safety Code, is

amended by adding Chapter 171A to read as follows:

CHAPTER 171A. EXEMPTION FROM ABORTION RESTRICTIONS FOR

UNEMANCIPATED MINORS

Sec. 171A.001. DEFINITION. In this chapter, "unemancipated

minor" includes a minor who:

(1) is unmarried; and

(2) has not had the disabilities of minority removed

under Chapter 31, Family Code.

Sec. 171A.002. EXEMPTION FROM ABORTION RESTRICTIONS. (a)

Notwithstanding any other law, including Chapter 32, Family Code, a

physician may perform or induce an abortion otherwise prohibited

under state law on an unemancipated minor who consents to the

abortion without obtaining parental consent or judicial approval to

perform or induce the abortion.

(b) The restriction on the provision of an

abortion-inducing drug under Section 171.063(c)(6) does not apply

to the provision of the drug to an unemancipated minor if, based on

the physician's reasonable medical judgment and the gestational age

of the pregnancy, the drug will be effective and does not pose a

risk to the minor.

Sec. 171A.003. LIMITATION ON LIABILITY. Notwithstanding

any other law, a physician who performs or induces an abortion on an

unemancipated minor as authorized under this chapter is not subject

to civil or criminal liability or disciplinary action for

performing or inducing the abortion.

SECTION 2. Section 32.003(a), Family Code, is amended to

read as follows:

(a) A child may consent to medical, dental, psychological,

and surgical treatment for the child by a licensed physician or

dentist if the child:

(1) is on active duty with the armed services of the

United States of America;

(2) is:

(A) 16 years of age or older and resides separate

and apart from the child's parents, managing conservator, or

guardian, with or without the consent of the parents, managing

conservator, or guardian and regardless of the duration of the

residence; and

(B) managing the child's own financial affairs,

regardless of the source of the income;

(3) consents to the diagnosis and treatment of an

infectious, contagious, or communicable disease that is required by

law or a rule to be reported by the licensed physician or dentist to

a local health officer or the Texas Department of Health, including

all diseases within the scope of Section 81.041, Health and Safety

Code;

(4) is unmarried and pregnant and consents to

hospital, medical, or surgical treatment[ , other than abortion, ]

related to the pregnancy;

(5) consents to examination and treatment for drug or

chemical addiction, drug or chemical dependency, or any other

condition directly related to drug or chemical use;

(6) is unmarried, is the parent of a child, and has

actual custody of his or her child and consents to medical, dental,

psychological, or surgical treatment for the child; or

(7) is serving a term of confinement in a facility

operated by or under contract with the Texas Department of Criminal

Justice[ , unless the treatment would constitute a prohibited

practice under Section 164.052(a)(19), Occupations Code ].

SECTION 3. Section 266.010(a), Family Code, is amended to

read as follows:

(a) A foster child who is at least 16 years of age may

consent to the provision of medical care[ , except as provided by

Chapter 33, ] if the court with continuing jurisdiction determines

that the child has the capacity to consent to medical care. If the

child provides consent by signing a consent form, the form must be

written in language the child can understand.

SECTION 4. Section 501.065, Government Code, is amended to

read as follows:

Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,

AND SURGICAL TREATMENT. An inmate who is younger than 18 years of

age and is confined in a facility operated by or under contract with

the department may, in accordance with procedures established by

the department, consent to medical, dental, psychological, and

surgical treatment for the inmate by a licensed health care

practitioner, or a person under the direction of a licensed health

care practitioner[ , unless the treatment would constitute a

prohibited practice under Section 164.052(a)(19), Occupations

Code ].

SECTION 5. Section 171.012(a), Health and Safety Code, is

amended to read as follows:

(a) Consent to an abortion is voluntary and informed only

if:

(1) the physician who is to perform or induce the

abortion informs the pregnant woman on whom the abortion is to be

performed or induced of:

(A) the physician's name;

(B) the particular medical risks associated with

the particular abortion procedure to be employed, including, when

medically accurate:

(i) the risks of infection and hemorrhage;

(ii) the potential danger to a subsequent

pregnancy and of infertility; and

(iii) the possibility of increased risk of

breast cancer following an induced abortion and the natural

protective effect of a completed pregnancy in avoiding breast

cancer;

(C) the probable gestational age of the unborn

child at the time the abortion is to be performed or induced; and

(D) the medical risks associated with carrying

the child to term;

(2) the physician who is to perform or induce the

abortion or the physician's agent informs the pregnant woman that:

(A) medical assistance benefits may be available

for prenatal care, childbirth, and neonatal care;

(B) the father is liable for assistance in the

support of the child without regard to whether the father has

offered to pay for the abortion; and

(C) public and private agencies provide

pregnancy prevention counseling and medical referrals for

obtaining pregnancy prevention medications or devices, including

emergency contraception for victims of rape or incest;

(3) the physician who is to perform or induce the

abortion or the physician's agent:

(A) provides the pregnant woman with the printed

materials described by Section 171.014; and

(B) informs the pregnant woman that those

materials:

(i) have been provided by the commission;

(ii) are accessible on an Internet website

sponsored by the commission;

(iii) describe the unborn child and list

agencies that offer alternatives to abortion; and

(iv) include a list of agencies that offer

sonogram services at no cost to the pregnant woman;

(4) before any sedative or anesthesia is administered

to the pregnant woman and at least 24 hours before the abortion or

at least two hours before the abortion if the pregnant woman waives

this requirement by certifying that she currently lives 100 miles

or more from the nearest abortion provider that is a facility

licensed under Chapter 245 or a facility that performs more than 50

abortions in any 12-month period:

(A) the physician who is to perform or induce the

abortion or an agent of the physician who is also a sonographer

certified by a national registry of medical sonographers performs a

sonogram on the pregnant woman on whom the abortion is to be

performed or induced;

(B) the physician who is to perform or induce the

abortion displays the sonogram images in a quality consistent with

current medical practice in a manner that the pregnant woman may

view them;

(C) the physician who is to perform or induce the

abortion provides, in a manner understandable to a layperson, a

verbal explanation of the results of the sonogram images, including

a medical description of the dimensions of the embryo or fetus, the

presence of cardiac activity, and the presence of external members

and internal organs; and

(D) the physician who is to perform or induce the

abortion or an agent of the physician who is also a sonographer

certified by a national registry of medical sonographers makes

audible the heart auscultation for the pregnant woman to hear, if

present, in a quality consistent with current medical practice and

provides, in a manner understandable to a layperson, a simultaneous

verbal explanation of the heart auscultation;

(5) before receiving a sonogram under Subdivision

(4)(A) and before the abortion is performed or induced and before

any sedative or anesthesia is administered, the pregnant woman

completes and certifies with her signature an election form that

states as follows:

"ABORTION AND SONOGRAM ELECTION

(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY

SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN

PROVIDED AND EXPLAINED TO ME.

(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN

ABORTION.

(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR

TO RECEIVING AN ABORTION.

(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE

SONOGRAM IMAGES.

(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE

HEARTBEAT.

(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN

EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO

ONE OF THE FOLLOWING:

___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,

INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN

REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN

REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT

RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.

[ ___ I AM A MINOR AND OBTAINING AN ABORTION IN

ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS

FAMILY CODE. ]

___ MY UNBORN CHILD HAS AN IRREVERSIBLE MEDICAL

CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC

PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE.

(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND

WITHOUT COERCION.

(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE

NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER

245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE

THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:

I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR

MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED

UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS

IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS

AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION

PROCEDURE. MY PLACE OF RESIDENCE IS:__________.

____________________ ____________________

SIGNATURE DATE";

(6) before the abortion is performed or induced, the

physician who is to perform or induce the abortion receives a copy

of the signed, written certification required by Subdivision (5);

and

(7) the pregnant woman is provided the name of each

person who provides or explains the information required under this

subsection.

SECTION 6. Section 171.0122(d), Health and Safety Code, is

amended to read as follows:

(d) A pregnant woman may choose not to receive the verbal

explanation of the results of the sonogram images under Section

171.012(a)(4)(C) if:

(1) the woman's pregnancy is a result of a sexual

assault, incest, or other violation of the Penal Code that has been

reported to law enforcement authorities or that has not been

reported because she has a reason that she declines to reveal

because she reasonably believes that to do so would put her at risk

of retaliation resulting in serious bodily injury; or

(2) [ the woman is a minor and obtaining an abortion in

accordance with judicial bypass procedures under Chapter 33, Family

Code; or

[ (3) ] the fetus has an irreversible medical condition

or abnormality, as previously identified by reliable diagnostic

procedures and documented in the woman's medical file.

SECTION 7. Section 245.006(a), Health and Safety Code, is

amended to read as follows:

(a) The department shall inspect an abortion facility at

random, unannounced, and reasonable times as necessary to ensure

compliance with this chapter and [ , ] Subchapter B, Chapter 171[ ,

and Chapter 33, Family Code ].

SECTION 8. 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;

[ (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;

(20) [ (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;

(21) [ (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

(22) [ (24) ] performs a gender transitioning or gender

reassignment procedure or treatment in violation of Section

161.702, Health and Safety Code.

SECTION 9. The following provisions are repealed:

(1) Chapter 33, Family Code;

(2) Section 171.006, Health and Safety Code, as added

by Chapter 9 (H.B. 215), Acts of the 85th Legislature, 1st Called

Session, 2017; and

(3) Section 171.017, Health and Safety Code.

SECTION 10. The change in law made by this Act applies 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 in effect on the date the abortion was

performed, and the former law is continued in effect for that

purpose.

SECTION 11. The change in law made by this Act by the repeal

of Section 33.006, Family Code, does not apply to a cause of action

that accrued before the effective date of this Act. A cause of

action that accrued before the effective date of this Act is

governed by the law in effect on the date the cause of action

accrued, and the former law is continued in effect for that purpose.

SECTION 12. This Act takes effect September 1, 2025.