HB3410 - Relating to the regulation of abortion and related matters and to the repeal of certain laws prohibiting abortion.

      By: Rodríguez Ramos H.B. No. 3410       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of abortion and related matters and to   the repeal of certain laws prohibiting abortion.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 311, Government Code, is   amended by adding Section 311.037 to read as follows:           Sec.   311.037.     CONSTRUCTION OF ABORTION STATUTES. (a) A   statute regulating or prohibiting abortion may not be construed to:                 (1)     prohibit a person from providing direct or   indirect assistance to an individual for traveling to any location   to obtain an abortion; or                 (2)     authorize the imposition or incurrence of   criminal, civil, or administrative penalties or liability on a   pregnant individual on whom an abortion is performed, induced, or   attempted.           (b)  A statute regulating or prohibiting abortion:                 (1)     applies only to a fertilized egg or embryo   implanted in a uterus at any point; and                 (2)     does not apply to the death of an unborn child   resulting from an involuntary miscarriage following in vitro   fertilization or similar assisted reproductive technology   treatments and procedures.          SECTION 2.  Section 171.005, Health and Safety Code, is   amended to read as follows:          Sec. 171.005.  COMMISSION TO ENFORCE[ ; EXCEPTION ]. The   commission shall enforce this chapter [ except for Subchapter H,   which shall be enforced exclusively through the private civil   enforcement actions described by Section 171.208 and may not be   enforced by the commission ].          SECTION 3.  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;                (5)  document whether the pregnant woman received   treatment for Rh negativity, as diagnosed by the most accurate   standard of medical care; and                (6)  ensure the physician does not provide an   abortion-inducing drug for a pregnant woman whose pregnancy is more   than 70 [ 49 ] days of gestational age.          SECTION 4.  Section 245.010(a), Health and Safety Code, is   amended to read as follows:          (a)  The rules must contain minimum standards to protect the   health and safety of a patient of an abortion facility [ and must   contain provisions requiring compliance with the requirements of   Subchapter B, Chapter 171 ].  [ On and after September 1, 2014, the   minimum standards for an abortion facility must be equivalent to   the minimum standards adopted under Section 243.010 for ambulatory   surgical centers. ]          SECTION 5.  Section 245.011(c), Health and Safety Code, is   amended to read as follows:          (c)  The report must include:                (1)  whether the abortion facility at which the   abortion is performed is licensed under this chapter;                (2)  the patient's year of birth, race, marital status,   and state and county of residence;                (3)  the type of abortion procedure;                (4)  the date the abortion was performed;                (5)  whether the patient survived the abortion, and if   the patient did not survive, the cause of death;                (6)  the probable post-fertilization age of the unborn   child based on the best medical judgment of the attending physician   at the time of the procedure;                (7)  the date, if known, of the patient's last menstrual   cycle;                (8)  the number of previous live births of the patient;   and                (9)  the number of previous induced abortions of the   patient[ ;                [ (10)     whether the abortion was performed or induced   because of a medical emergency and any medical condition of the   pregnant woman that required the abortion; and                [ (11)     the information required under Sections   171.008(a) and (c) ].          SECTION 6.  Title 14, Local Government Code, is amended by   adding Subtitle C to read as follows:   SUBTITLE C. TRANSPORTATION PROVISIONS APPLYING TO MORE THAN ONE   TYPE OF LOCAL GOVERNMENT   CHAPTER 651. TRAVEL PROHIBITIONS           Sec.   651.001.     TRAVEL PROHIBITIONS. A municipality or   county may not adopt or enforce an ordinance, order, or other   measure that prohibits the travel of a person through the   municipality or county for the purpose of obtaining an abortion.          SECTION 7.  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; [Text truncated for display. 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