SB2257 - Relating to the definition and provision of an abortion-inducing drug.

  89R5865 MPF-D     By: Cook S.B. No. 2257       A BILL TO BE ENTITLED   AN ACT   relating to the definition and provision of an abortion-inducing   drug.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 171.061(2), Health and Safety Code, is   amended to read as follows:                (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, and   misoprostol (Cytotec)[ , and methotrexate ].  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.          SECTION 2.  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;                 (4)  [ (5) ]  document whether the pregnant woman   received treatment for Rh negativity, as diagnosed by the most   accurate standard of medical care; and                 (5)  [ (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 3.  (a) The changes in law made by this Act apply   only to an offense committed on or after the effective date of this   Act. An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          (b)  The changes in law made by this Act apply only to the   imposition of an administrative penalty for a violation that occurs   on or after the effective date of this Act. The imposition of an   administrative penalty for a violation that occurs before the   effective date of this Act is governed by the law in effect on the   date the violation occurred, and the former law is continued in   effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.