bill changing the law on abortion-inducing drugs

The text as introduced · 510 words

89R5865 MPF-D

By: Cook
S.B. No. 2257

A BILL TO BE ENTITLED

AN ACT

relating to the definition and provision of an abortion-inducing

drug.

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

SECTION 1. Section 171.061(2), Health and Safety Code, is

amended to read as follows:

(2) "Abortion-inducing drug" means a drug, a medicine,

or any other substance, including a regimen of two or more drugs,

medicines, or substances, prescribed, dispensed, or administered

with the intent of terminating a clinically diagnosable pregnancy

of a woman and with knowledge that the termination will, with

reasonable likelihood, cause the death of the woman's unborn

child. The term includes off-label use of drugs, medicines, or

other substances known to have abortion-inducing properties that

are prescribed, dispensed, or administered with the intent of

causing an abortion, including the Mifeprex regimen, and

misoprostol (Cytotec)[ , and methotrexate ]. The term does not

include a drug, medicine, or other substance that may be known to

cause an abortion but is prescribed, dispensed, or administered for

other medical reasons.

SECTION 2. Section 171.063(c), Health and Safety Code, is

amended to read as follows:

(c) Before the physician provides an abortion-inducing

drug, the physician must:

(1) examine the pregnant woman in person;

(2) independently verify that a pregnancy exists;

(3) [ document, in the woman's medical record, the

gestational age and intrauterine location of the pregnancy to

determine whether an ectopic pregnancy exists;

[ (4) ] determine the pregnant woman's blood type, and

for a woman who is Rh negative, offer to administer Rh

immunoglobulin (RhoGAM) at the time the abortion-inducing drug is

administered or used or the abortion is performed or induced to

prevent Rh incompatibility, complications, or miscarriage in

future pregnancies;

(4) [ (5) ] document whether the pregnant woman

received treatment for Rh negativity, as diagnosed by the most

accurate standard of medical care; and

(5) [ (6) ] ensure the physician does not provide an

abortion-inducing drug for a pregnant woman whose pregnancy is more

than 49 days of gestational age.

SECTION 3. (a) The changes in law made by this Act apply

only to an offense committed on or after the effective date of this

Act. An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

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

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

(b) The changes in law made by this Act apply only to the

imposition of an administrative penalty for a violation that occurs

on or after the effective date of this Act. The imposition of an

administrative penalty for a violation that occurs before the

effective date of this Act is governed by the law in effect on the

date the violation occurred, and the former law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.