SB31 - Relating to exceptions to otherwise prohibited abortions based on a physician's reasonable medical judgment.

      S.B. No. 31         AN ACT   relating to exceptions to otherwise prohibited abortions based on a   physician's reasonable medical judgment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1. This Act may be cited as the Life of the Mother   Act.          SECTION 2.  Amend Section 74.551, Civil Practice and   Remedies Code, to read as follows:          Sec. 74.551. APPLICATION. [ An action to which Section   74.552 applies ] A civil action brought against a physician or   health care provider for a violation of a provision of Chapter 170,   170A, or 171, Health and Safety Code, subject to an exception   provided by the chapter alleged to have been violated or other law,   is a health care liability claim [ for purposes of this chapter ] and   is subject to the same requirements as any other health care   liability claim.   This section does not affect a health care   liability claim based on any other ground than a violation of   Chapters 170, 170A, or 171, Health and Safety Code.          SECTION 3. Section 170A.002, Health and Safety Code, is   amended by amending Subsection (b) and adding Subsections (c-1) and   (c-2) to read as follows:          (b) [ The prohibition under ] It is an exception to the   application of Subsection (a) that [ does not apply if ]:                (1) the person performing, inducing, or attempting the   abortion is a licensed physician; and                (2)  in the exercise of reasonable medical judgment,   the pregnant female on whom the abortion is performed, induced, or   attempted has a life-threatening physical condition aggravated by,   caused by, or arising from a pregnancy that places the female at   risk of death or poses a serious risk of substantial impairment of a   major bodily function unless the abortion is performed or induced[ ;   and                [ (3) the person performs, induces, or attempts the   abortion in a manner that, in the exercise of reasonable medical   judgment, provides the best opportunity for the unborn child to   survive unless, in the reasonable medical judgment, that manner   would create:                      [ (A) a greater risk of the pregnant female's   death; or                      [ (B) a serious risk of substantial impairment of   a major bodily function of the pregnant female ].           (c-1)     For purposes of Subsection (b)(2), if a pregnant woman   has a life-threatening physical condition described by Subsection   (b)(2), a physician may address a risk described by Subsection   (b)(2) before the pregnant female suffers any effects of the risk.     Subsection (b)(2) does not require that, before the physician may   act:                 (1)  a risk described by Subsection (b)(2) be imminent;                 (2)     the pregnant female first suffer physical   impairment; or                 (3)     the physical condition has caused damage to the   pregnant female.           (c-2)     For the purposes of Subsection (b)(2),   "life-threatening" means capable of causing death or potentially   fatal.   A life-threatening physical condition is not necessarily   one actively injuring the patient.          SECTION 4. Chapter 170A, Health and Safety Code, is amended   by adding Sections 170A.0021, 170A.0022, and 170A.0023 to read as   follows:           Sec. 170A.0021.   TREATMENT AFFECTING UNBORN CHILD;   EXCEPTION. (a)   Notwithstanding any other law, a physician who   treats a condition described by Subsection 170A.002(b)(2) shall do   so in a manner that, in the exercise of reasonable medical judgment,   provides the best opportunity for survival of an unborn child.           (b) It is an exception to the application of Subsection (a)   that, in a physician's reasonable medical judgment, the manner of   treatment required by that subsection would create a greater risk   of:                 (1)  the pregnant female's death; or                 (2)     substantial impairment of a major bodily function   of the pregnant female.           (c)     This chapter does not require a physician to delay,   alter, or withhold medical treatment provided to a pregnant female   if doing so would create a greater risk of:                 (1) the pregnant female's death; or                 (2) substantial impairment of a major bodily function   of the pregnant female.           (d)     Nothing in Subsection (c) authorizes the performance of   an abortion that is prohibited by law.           Sec. 170A.0022.   REASONABLE MEDICAL JUDGMENT.   Reasonable   medical judgment in providing medical treatment to a pregnant   female includes removing:                 (1)     an ectopic pregnancy as defined by Section   245.002(4-a); and                 (2) a dead, unborn child whose death was caused by   spontaneous abortion.           Sec. 170A.0023. ACCIDENTAL OR UNINTENTIONAL DEATH. (a)   This section applies to any law that provides an exception to an   otherwise prohibited abortion based on a condition described by   Section 170A.002(b)(2).           (b) It is an exception to the application of each law   described by Subsection (a) that the death or injury of an unborn   child resulted from treatment provided to a pregnant female based   on a physician's reasonable medical judgment if the death of or   injury to the unborn child was accidental or unintentional.          SECTION 5. Section 171.002(3), Health and Safety Code, is   amended to read as follows:                (3)  "Medical emergency" means a condition described by   Section 170A.002(b)(2) [ means a life-threatening physical   condition aggravated by, caused by, or arising from a pregnancy   that, as certified by a physician, places the woman in danger of   death or a serious risk of substantial impairment of a major bodily   function unless an abortion is performed ].          SECTION 6. Sections 171.046(a) and (b), Health and Safety   Code, are amended to read as follows:          (a) The prohibitions and requirements under Sections   171.043, 171.044, and 171.045(b) do not apply to an abortion   performed if [ there exists a condition that ], in the physician's   reasonable medical judgment, the abortion is necessary due to a   medical emergency and [ so complicates the medical condition of the   woman that, to avert the woman's death or a serious risk of   substantial and irreversible physical impairment of a major bodily   function, other than a psychological condition, it ] necessitates,   as applicable:                (1) the immediate abortion of her pregnancy without the   delay necessary to determine the probable post-fertilization age of   the unborn child;                (2) the abortion of her pregnancy even though the   post-fertilization age of the unborn child is 20 or more weeks; or                (3) the use of a method of abortion other than a method   described by Section 171.045(b).          (b)  A physician may not take an action authorized under   Subsection (a) if the medical emergency [ risk of death or a   substantial and irreversible physical impairment of a major bodily   function ] arises from a claim or diagnosis that the woman will   engage in conduct that may result in her death or in substantial and   irreversible physical impairment of a major bodily function.          SECTION 7. 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 as defined by Section   245.002(4-a) ;                (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 49 days of gestational age.          SECTION 8. Subchapter H, Chapter 171, Health and Safety   Code, is amended by adding Section 171.2011 to read as follows:           Sec.   171.2011.     APPLICABILITY.   (a)     This subchapter   applies only to an abortion that is otherwise prohibited by law and   that is not subject to an exception provided by law.           (b) The following activities do not constitute aiding or   abetting under this subchapter:                 (1) providing services by a physician or health care   provider to a treating physician, or communication between a   physician or health care provider and a treating physician, for the   purposes of arriving at a reasonable medical judgment as required   by an exception to an otherwise prohibited abortion;                 (2) communicating between a physician or health care   provider and a patient, or providing services by a physician or   health care provider to a patient, for the purpose of arriving at   reasonable medical judgment as required by an exception to an   otherwise prohibited abortion;                 (3) communicating between an attorney and a physician   or health care provider related to an exception to an otherwise   prohibited abortion;                 (4) communicating between a treating physician and any   other person or providing services to a treating physician or   patient relating to performing, inducing, or attempting an abortion   for which the treating physician has determined that, in reasonable   medical judgment, an exception to an otherwise prohibited abortion   is applicable; and                 (5) providing products to a patient or treating   physician relating to performing, inducing, or attempting an   abortion for which the treating physician has determined that, in   reasonable medical judgment, an exception to an otherwise   prohibited abortion is applicable.          SECTION 9. Amend Section 245.002(4-a), Health and Safety   Code, to read as follows:                (4-a) "Ectopic pregnancy" means the implantation of a   fertilized egg or embryo :                       (A)   outside of the uterus ; or                       (B) in an abnormal locatio [Text truncated for display. Full text available on LegiScan.]