Prohibition on Use of State Dollars for
Abortion Close Calls
The Sunset bill for the Texas State Board of Medical Examiners
(TSBME), SB 419 by Sen. Jane Nelson (R-Lewisville) and Rep. Burt
Solomons (R-Carrollton), includes a number of provisions relating
to abortion. The abortion-related amendments were added to SB 419
during the House floor debate. Because a sunset bill must pass for
a state agency to continue, the bill became a vehicle for
legislation that had not made it out of committee or died elsewhere
in the legislative process. Specific provisions of SB 419 relating
to abortion include:
- Prohibition on third-term abortions.
Restricts a physician from performing a third-trimester
abortion unless having the baby would seriously jeopardize the
woman's life or she would suffer imminent, severe, irreversible
brain damage or paralysis. An exception also is allowed if the
baby has severe, irreversible brain damage.
- Parental consent.
Prior to performing an abortion on an unmarried girl under
age 18, a parent or guardian must provide written consent for the
procedure unless ordered by a court or if, in the physician's
judgment, the condition seriously jeopardizes the minor's life
and there is insufficient time to obtain consent.
- Physician documentation.
Requires TSBME to adopt a form for physicians to document
the consent for an unemancipated minor to have an abortion. This
form must be completed before the abortion, unless the physician
in his professional judgment determines that the procedure must
be performed immediately to avert death or serious bodily injury
to the minor.
TMA takes no position relating to abortion per se. TMA focused
its concerns on the potential increase in professional liability
exposure for physicians, regulatory burdens, and interference with
the patient-physician relationship.
Prohibition on Use of State Dollars for Abortions
The Medicaid Women's Health Waiver Bill, SB 747 by Sen. John
Carona (R-Dallas) and Rep. Vilma Luna (see SB 747, described
in the Medicaid and CHIP section), includes a provision prohibiting
state monies being spent for elective abortions or contracting with
an entity or an affiliate of an entity that promotes or performs
elective abortions. This same provision was added to the omnibus
Medicaid bill, SB 1188.
SB 747 also prohibits counseling or provision of emergency
contraception under this pilot demonstration project.
A provision of SB 53 by Senator Nelson and Rep. John Smithee
(R-Amarillo) prohibits the use of genetic information to coerce or
compel a woman to have an induced abortion.
Abortion Close Calls
Several bills were filed that that would have allowed
pharmacists to conscientiously object to filling emergency
contraception or birth control.
Abortion TMA Staff Contacts:
- Yvonne Barton, Legislative Affairs, (512) 370-1359
- Gayle Love, Public Health, (512) 370-167
- Susan Taylor, JD, Office of the General Counsel, (512)
Scope of Practice
Inadequate Health Plan Networks
Managed Care/Insurance Reform
Texas State Board of Medical
Examiners Sunset and Physician Licensure
Agency Sunset Review
Corporate Practice of Medicine
Health Care Funding
Medicaid and CHIP
Indigent Care and the
Professional Liability Reform
Child Health, Safety, and
Table of Contents
Last Updated On
April 02, 2012
Originally Published On
March 23, 2010