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Key Votes

SB 5 - Increases Abortion Facility Requirements and Prohibits Abortions After 20 Weeks - Key Vote

Texas Key Votes

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Note

NOTE: THIS BILL WAS VOTED ON DURING A SPECIAL SESSION OF THE LEGISLATURE

Stage Details

Legislation - Concurrence Vote Failed (Senate) (19-10) -
Note:

THIS BILL WAS VOTED ON IN THE SENATE AFTER CLOSE OF THE SPECIAL SESSION OF THE LEGISLATURE AND IS THEREFORE NOT COUNTED AS A VALID VOTE.

Legislation - Bill Passed With Amendment (House) (95-34) - (Key vote)

Title: Increases Abortion Facility Requirements and Prohibits Abortions After 20 Weeks

Vote Smart's Synopsis:

Vote to pass a bill that increases abortion facility requirements, regulates the administration of abortion-inducing drugs, and prohibits abortions after 20 weeks of gestation.

Highlights:
  • Prohibits a physician from performing or attempting to perform an abortion if a fetus is determined to have reached a “probable post-fertilization age” of 20 weeks (Sec. 3).
  • Defines “post-fertilization age” as the age of the fetus as calculated from the time of fertilization (Sec. 3).
  • Exempts an abortion performed after 20 weeks if the abortion is necessary to avert the death or serious physical impairment of a major bodily function of the patient or if the abortion is performed due to a “severe fetal abnormality” (Sec. 3).
  • Defines “severe fetal abnormality” as a life threatening physical condition that, in “reasonable” medical judgment, is incompatible with life outside of the womb (Sec. 3).
  • Requires a physician to perform the abortion in a manner which will provide the best opportunity for the fetus to survive unless termination of the pregnancy in that manner poses a greater risk of death or serious injury of the patient than another available method (Sec. 3).
  • Prohibits a physician from performing an abortion after 20 weeks due to 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 (Sec. 3).
  • Requires a physician who performs an abortion to have admitting privileges at a hospital that provides obstetrical or gynecological health care services and that is located no more than 30 miles from the location where the abortion is to be performed (Sec. 2).
  • Requires the physician to provide the abortion patient a phone number where he or she may be reached 24 hours a day and the name and phone number of the closest hospital from the abortion patient’s home in the event of a complication (Sec. 2).
  • Classifies a violation of these provisions by a physician as a Class A misdemeanor with a penalty of no more than $4,000 (Sec. 2).
  • Requires abortion facilities to meet the standards of ambulatory surgical centers, effective September 1, 2014 (Sec. 4).
  • Prohibits an individual, other than a physician, from administering, selling, dispensing, or prescribing an abortion-inducing drug (Sec. 4).
  • Defines “abortion-inducing drug” as a drug, medicine, or other substance prescribed, dispensed, or administered with the intent of terminating a clinically diagnosable pregnancy (Sec. 4).
  • Requires the physician to examine the patient prior to administering or prescribing an abortion-inducing drug to determine and document the gestation age and location of the fetus (Sec. 4).
  • Requires the physician to prescribe and administer the abortion-inducing drug according to the guidelines outlined by the Food and Drug Administration and in a dosage amount prescribed by the American Congress of Obstetricians and Gynecologists Practice Bulletin as of January 1, 2013 (Sec. 4).
  • Requires the physician who administers, sells, dispenses, or prescribes an abortion-inducing drug to schedule a follow-up visit with the patient no more than 14 days after the administration or use of the drug (Sec. 2).
  • Requires the physician to make a “reasonable effort” to ensure that the patient returns for the scheduled follow-up visit (Sec. 2).
  • Specifies that a procedure is not considered an abortion for the purposes of this bill if the procedure is performed for the following purposes (Sec. 3):
    • The procedure is performed to save the life of the fetus;
    • The procedure is preformed to remove a fetus whose death was caused by a spontaneous abortion;
    • The procedure is preformed to remove an ectopic pregnancy; or
    • The procedure is performed to treat a disease or illness of the patient.
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation - Bill Passed (Senate) (20-10) - (Key vote)

Title: Increases Abortion Facility Requirements

Vote Smart's Synopsis:

Vote to pass a bill that increases abortion facility requirements and regulates the administration of abortion-inducing drugs.

Highlights:
  • Requires a physician who performs an abortion to have admitting privileges at a hospital that provides obstetrical or gynecological health care services and that is located no more than 30 miles from the location where the abortion is to be performed (Sec. 1).
  • Requires the physician to provide the abortion patient a phone number where he or she may be reached 24 hours a day and the name and phone number of the closest hospital from the abortion patient’s home in the event of a complication (Sec. 1).
  • Classifies a violation of these provisions by a physician as a Class A misdemeanor with a penalty of no more than $4,000 (Sec. 1).
  • Requires abortion facilities to meet the standards of ambulatory surgical centers, effective September 1, 2014 (Sec. 3).
  • Prohibits an individual, other than a physician, from administering, selling, dispensing, or prescribing an abortion-inducing drug (Sec. 2).
  • Defines “abortion-inducing drug” as a drug, medicine, or other substance prescribed, dispensed, or administered with the intent of terminating a clinically diagnosable pregnancy (Sec. 2).
  • Requires the physician administering the abortion-inducing drug and the patient receiving the abortion-inducing drug to be present at a licensed abortion facility during the procedure (Sec. 2).
  • Requires the physician to examine the patient prior to administering or prescribing an abortion-inducing drug to determine and document the gestational age and location of the fetus (Sec. 2).
  • Requires the physician to prescribe and administer the abortion-inducing drug according to the guidelines outlined by the Food and Drug Administration and in a dosage amount prescribed by the American Congress of Obstetricians and Gynecologists Practice Bulletin as of January 1, 2013 (Sec. 2).
  • Requires the physician who administers, sells, dispenses, or prescribes an abortion-inducing drug to schedule a follow-up visit with the patient no more than 14 days after the administration or use of the drug (Sec. 2).
  • Requires the physician to make a “reasonable effort” to ensure that the patient returns for the scheduled follow-up visit (Sec. 2).
  • Specifies that the provisions of this bill regarding abortions performed using an abortion-inducing drug do not apply if the abortion is performed for the following purposes (Sec. 2):
    • The abortion is performed to save the life of the fetus;
    • The abortion is performed to remove a fetus whose death was caused by a spontaneous abortion;
    • The abortion is performed to terminate an ectopic pregnancy; or
    • The abortion is performed to treat a disease or illness of the patient.
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation - Introduced (Senate) -

Title: Increases Abortion Facility Requirements

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