Bill Text: TX HB2735 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to professional liability insurance or bond for certain physicians performing or inducing an abortion; creating a criminal offense.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-03-11 - Referred to Public Health [HB2735 Detail]
Download: Texas-2019-HB2735-Introduced.html
86R11299 SCL-D | ||
By: Kacal | H.B. No. 2735 |
|
||
|
||
relating to professional liability insurance or bond for certain | ||
physicians performing or inducing an abortion; creating a criminal | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 171, Health and Safety | ||
Code, is amended by adding Section 171.0035 to read as follows: | ||
Sec. 171.0035. LIABILITY INSURANCE OR BOND REQUIRED; | ||
CRIMINAL OFFENSE. (a) A physician performing or inducing an | ||
abortion shall maintain professional liability insurance in an | ||
amount of at least $1 million for each occurrence or file with the | ||
commission a bond in an amount of at least $1 million if the | ||
physician performed or induced an average of five or more abortions | ||
per month during the preceding calendar year and: | ||
(1) at least twice during the preceding seven calendar | ||
years was the subject of a civil action arising from an abortion | ||
performed or induced by the physician; | ||
(2) during the preceding seven calendar years has been | ||
disciplined by the Texas Medical Board for unprofessional, | ||
unethical, or negligent conduct arising from an abortion performed | ||
or induced by the physician; or | ||
(3) is employed by or owns an abortion facility | ||
licensed under Chapter 245 that the commission determines has | ||
continued to violate that chapter or a rule adopted under that | ||
chapter after an initial inspection identified the violation. | ||
(b) The insurance or bond required by this section must be | ||
payable to a woman who incurred damages as a result of a | ||
complication from an abortion performed or induced by the physician | ||
who is insured or filed the bond. | ||
(c) A physician who is not in compliance with this section | ||
may not perform or induce an abortion. | ||
(d) A physician who violates this section commits an | ||
offense. An offense under this section is a Class A misdemeanor | ||
punishable by a fine only, in an amount not to exceed $4,000. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an abortion performed or induced on or after January 1, 2020. | ||
SECTION 3. This Act takes effect September 1, 2019. |