Cook Abortion Bill Adds Lethal Anomaly Exception And Ethics Committees

The text as introduced · 541 words

90R763 MPF-D

By: Cook of Harris, et al.
S.B. No. 243

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of abortion and related matters,

including infant supportive palliative care and exceptions to and

the repeal of certain laws prohibiting abortion.

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

SECTION 1. Chapter 142A, Health and Safety Code, is amended

by adding Section 142A.0003 to read as follows:

Sec. 142A.0003. RULES AND MINIMUM STANDARDS FOR DELIVERY OF

CARE TO CERTAIN INFANTS. The executive commissioner by rule shall

prescribe minimum standards for the scope and delivery of

supportive palliative care for an infant born with a lethal fetal

anomaly or diagnosis.

SECTION 2. Section 170A.002, Health and Safety Code, is

amended by adding Subsection (b-1) to read as follows:

(b-1) It is an exception to the application of Subsection

(a) that the pregnant female's treating physician and one other

physician specializing in obstetrics and gynecology determine the

abortion is necessary due to a lethal fetal anomaly or diagnosis.

SECTION 3. Chapter 170A, Health and Safety Code, is amended

by adding Section 170A.0024 to read as follows:

Sec. 170A.0024. MULTIDISCIPLINARY ETHICS COMMITTEE REVIEW

OF CERTAIN ABORTIONS. (a) A multidisciplinary ethics committee

composed of members appointed in accordance with rules the Texas

Medical Board adopts shall review a physician's determination that

an abortion is necessary under Section 170A.002(b-1) for each fetus

older than 24 weeks of age.

(b) The treating physician and other physician who made the

determination described by Subsection (a) may not be a member of the

multidisciplinary ethics committee that reviews the determination.

SECTION 4. The heading to Section 171.205, Health and

Safety Code, is amended to read as follows:

Sec. 171.205. EXCEPTIONS [ EXCEPTION FOR MEDICAL

EMERGENCY ]; RECORDS ; REVIEW .

SECTION 5. Section 171.205, Health and Safety Code, is

amended by adding Subsection (a-1) to read as follows:

(a-1) Sections 171.203 and 171.204 do not apply to an

abortion performed or induced by a physician in accordance with an

exception provided by Section 170A.002.

SECTION 6. Section 171.206(b), Health and Safety Code, is

amended to read as follows:

(b) This subchapter may not be construed to:

(1) authorize the initiation of a cause of action

against or the prosecution of a woman on whom an abortion is

performed or induced or attempted to be performed or induced in

violation of this subchapter;

(2) wholly or partly repeal, either expressly or by

implication, any other statute that regulates or prohibits

abortion[ , including Chapter 6-1/2, Title 71, Revised Statutes ]; or

(3) restrict a political subdivision from regulating

or prohibiting abortion in a manner that is at least as stringent as

the laws of this state.

SECTION 7. Section 171.207(b), Health and Safety Code, is

amended to read as follows:

(b) Subsection (a) may not be construed to:

(1) legalize the conduct prohibited by this subchapter

[ or by Chapter 6-1/2, Title 71, Revised Statutes ];

(2) limit in any way or affect the availability of a

remedy established by Section 171.208; or

(3) limit the enforceability of any other laws that

regulate or prohibit abortion.

SECTION 8. Chapter 6-1/2, Title 71, Revised Statutes, is

repealed.

SECTION 9. This Act takes effect September 1, 2027.