Texas HB 3205: Relating to creating the criminal offense of delivery of a drug or device for an unlawful abortion.

Bill Text

By:AAMiller H.B.ANo.A3205
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of delivery of a drug or
device for an unlawful abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAChapter 170, Health and Safety Code, is amended
by adding Section 170.003 to read as follows:
Sec.A170.003.AADELIVERY OF DRUG OR DEVICE FOR UNLAWFUL
ABORTION. (a) In this section, "deliver" means to transfer or
cause to transfer, actually or constructively, property to another
person.
(b)AAA person commits an offense if the person knowingly
delivers or attempts to deliver a drug or device intended to be used
to induce an unlawful abortion.
(c)AAAn offense under this section is a state jail felony.
(d)AAIt is an exception to the application of this section
that the actor is a pregnant woman on whom the drug or device was
intended to be used.
(e)AAA person who is subject to prosecution under this
section and any other law may be prosecuted under either or both
laws.
SECTIONA2.AASection 164.052(a), Occupations Code, is amended
to read as follows:
(a)AAA physician or an applicant for a license to practice
medicine commits a prohibited practice if that person:
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86R13807 SCL-F 1

(1)AAsubmits to the board a false or misleading
statement, document, or certificate in an application for a
license;
(2)AApresents to the board a license, certificate, or
diploma that was illegally or fraudulently obtained;
(3)AAcommits fraud or deception in taking or passing an
examination;
(4)AAuses alcohol or drugs in an intemperate manner
that, in the board’s opinion, could endanger a patient’s life;
(5)AAcommits unprofessional or dishonorable conduct
that is likely to deceive or defraud the public, as provided by
Section 164.053, or injure the public;
(6)AAuses an advertising statement that is false,
misleading, or deceptive;
(7)AAadvertises professional superiority or the
performance of professional service in a superior manner if that
advertising is not readily subject to verification;
(8)AApurchases, 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)AAalters, with fraudulent intent, a medical license,
certificate, or diploma, or a transcript of a medical license,
certificate, or diploma;
(10)AAuses a medical license, certificate, or diploma,
or a transcript of a medical license, certificate, or diploma that
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H.B.ANo.A3205
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has been:
(A)AAfraudulently purchased or issued;
(B)AAcounterfeited; or
(C)AAmaterially altered;
(11)AAimpersonates or acts as proxy for another person
in an examination required by this subtitle for a medical license;
(12)AAengages in conduct that subverts or attempts to
subvert an examination process required by this subtitle for a
medical license;
(13)AAimpersonates a physician or permits another to
use the person’s license or certificate to practice medicine in
this state;
(14)AAdirectly or indirectly employs a person whose
license to practice medicine has been suspended, canceled, or
revoked;
(15)AAassociates in the practice of medicine with a
person:
(A)AAwhose license to practice medicine has been
suspended, canceled, or revoked; or
(B)AAwho has been convicted of the unlawful
practice of medicine in this state or elsewhere;
(16)AAperforms 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)AAdirectly or indirectly aids or abets the practice
of medicine by a person, partnership, association, or corporation
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H.B.ANo.A3205
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that is not licensed to practice medicine by the board;
(18)AAperforms an abortion on a woman who is pregnant
with a viable unborn child during the third trimester of the
pregnancy unless:
(A)AAthe abortion is necessary to prevent the
death of the woman;
(B)AAthe viable unborn child has a severe,
irreversible brain impairment; or
(C)AAthe woman is diagnosed with a significant
likelihood of suffering imminent severe, irreversible brain damage
or imminent severe, irreversible paralysis;
(19)AAperforms 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)AAotherwise performs an abortion on an
unemancipated minor in violation of Chapter 33, Family Code; [or]
(21)AAperforms or induces or attempts to perform or
induce an a