By: Patrick, Campbell	S.B. No. 97
	(In the Senate - Filed November 12, 2012; January 28, 2013,
	read first time and referred to Committee on Health and Human
	Services; March 28, 2013, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 6, Nays 3;
	March 28, 2013, sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 97	By:  Deuell

	A BILL TO BE ENTITLED
	AN ACT
	relating to distributing or prescribing abortion-inducing drugs;
	providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 171, Health and Safety Code, is amended
	by adding Subchapter C to read as follows:
	SUBCHAPTER C.  ABORTION-INDUCING DRUGS
	Sec. 171.051.  DEFINITIONS. In this subchapter:
	(1)  "Abortion" means the act of using, administering,
	prescribing, or otherwise providing an instrument, a drug, a
	medicine, or any other substance, device, or means with the intent
	to terminate a clinically diagnosable pregnancy of a woman and with
	knowledge that the termination by those means will, with reasonable
	likelihood, cause the death of the woman's unborn child. An act is
	not an abortion if the act is done with the intent to:
	(A)  save the life or preserve the health of an
	unborn child;
	(B)  remove a dead, unborn child whose death was
	caused by spontaneous abortion;
	(C)  remove an ectopic pregnancy; or
	(D)  treat a maternal disease or illness for which
	a prescribed drug, medicine, or other substance is indicated.
	(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. 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.
	(3)  "Final printed label" or "FPL" means the
	informational document approved by the United States Food and Drug
	Administration for an abortion-inducing drug that:
	(A)  outlines the protocol authorized by that
	agency and agreed to by the drug company applying for authorization
	of the drug by that agency; and
	(B)  delineates how a drug is to be used according
	to approval by that agency.
	(4)  "Gestational age" means the amount of time that
	has elapsed since the first day of a woman's last menstrual period.
	(5)  "Medical abortion" means the administration or use
	of an abortion-inducing drug to induce an abortion.
	(6)  "Mifeprex regimen," "RU-486 regimen," or "RU-486"
	means the abortion-inducing drug regimen approved by the United
	States Food and Drug Administration that consists of administering
	mifepristone and misoprostol.
	(7)  "Physician" means an individual who is licensed to
	practice medicine in this state, including a medical doctor and a
	doctor of osteopathic medicine.
	(8)  "Pregnant" means the female reproductive
	condition of having an unborn child in a woman's uterus.
	(9)  "Unborn child" means an offspring of human beings
	from conception until birth.
	Sec. 171.052.  ENFORCEMENT BY TEXAS MEDICAL BOARD.
	Notwithstanding Section 171.005, the Texas Medical Board shall
	enforce this subchapter.
	Sec. 171.053.  DISTRIBUTION OF ABORTION-INDUCING DRUG.
	(a)  A person may not knowingly give, sell, dispense, administer,
	provide, or prescribe an abortion-inducing drug to a pregnant woman
	for the purpose of inducing an abortion in the pregnant woman or
	enabling another person to induce an abortion in the pregnant woman
	unless:
	(1)  the person who gives, sells, dispenses,
	administers, provides, or prescribes the abortion-inducing drug is
	a physician; and
	(2)  the provision, prescription, or administration of
	the abortion-inducing drug satisfies the protocol tested and
	authorized by the United States Food and Drug Administration as
	outlined in the final printed label of the abortion-inducing drug.
	(b)  Before the physician gives, sells, dispenses,
	administers, provides, or prescribes an abortion-inducing drug,
	the physician must examine the pregnant woman and document, in the
	woman's medical record, the gestational age and intrauterine
	location of the pregnancy.
	(c)  The physician who gives, sells, dispenses, administers,
	provides, or prescribes an abortion-inducing drug shall provide the
	pregnant woman with:
	(1)  a copy of the final printed label of that
	abortion-inducing drug; and
	(2)  a telephone number by which the pregnant woman may
	reach the physician, or other health care personnel employed by the
	physician or by the facility at which the abortion was performed
	with access to the woman's relevant medical records, 24 hours a day
	to request assistance for any complications that arise from the
	administration or use of the drug or ask health-related questions
	regarding the administration or use of the drug.
	(d)  The physician who gives, sells, dispenses, administers,
	provides, or prescribes the abortion-inducing drug, or the
	physician's agent, must schedule a follow-up visit for the woman to
	occur not more than 14 days after the administration or use of the
	drug. At the follow-up visit, the physician must:
	(1)  confirm that the pregnancy is completely
	terminated; and
	(2)  assess the degree of bleeding.
	(e)  The physician who gives, sells, dispenses, administers,
	provides, or prescribes the abortion-inducing drug, or the
	physician's agent, shall make a reasonable effort to ensure that
	the woman returns for the scheduled follow-up visit under
	Subsection (d). The physician or the physician's agent shall
	document a brief description of any effort made to comply with this
	subsection, including the date, time, and name of the person making
	the effort, in the woman's medical record.
	(f)  If a physician gives, sells, dispenses, administers,
	provides, or prescribes an abortion-inducing drug to a pregnant
	woman for the purpose of inducing an abortion as authorized by this
	section and the physician knows that the woman experiences a
	serious adverse event, as defined by the MedWatch Reporting System,
	during or after the administration or use of the drug, the physician
	shall report the event to the United States Food and Drug
	Administration through the MedWatch Reporting System not later than
	the third day after the date the physician learns that the event
	occurred.
	Sec. 171.054.  ADMINISTRATIVE PENALTY. (a)  The Texas
	Medical Board may take disciplinary action under Chapter 164,
	Occupations Code, or assess an administrative penalty under
	Subchapter A, Chapter 165, Occupations Code, against a person who
	violates Section 171.053.
	(b)  A penalty may not be assessed under this section against
	a pregnant woman who receives a medical abortion.
	SECTION 2.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.
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