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SB 1033 - Establishes the "Preborn Nondiscrimination Act" - Texas Key Vote

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Title: Establishes the "Preborn Nondiscrimination Act"

Vote Smart's Synopsis:

Vote to pass a bill that prohibits "discriminatory" abortions based on the race, sex, or disability of a fetus, and a pregnant woman with a severe fetal disease or disability from having an abortion.

Highlights:

  • Defines “perinatal palliative care” as the provision of comprehensive, supportive care to reduce the suffering of a pregnant individual, their fetus, and their family, from diagnosis of the fetus's life-threatening disability through the delivery and possible death of the fetus as a result of the life-threatening disability (Sec. 3).

  • Requires the commission to develop and post materials on the commission’s website that provides a description of the health care and other services available through perinatal palliative care, and information about medical assistance benefits that may be available for prenatal care, childbirth, and perinatal palliative care (Sec. 3).

  • Requires the commission to develop, update, and publish a geographically indexed list of all perinatal palliative care providers and programs in Texas (Sec. 3).

  • Requires a health care provider who diagnoses a life threatening disability in a fetus to (Sec. 3):

    • Provide the pregnant individual with a written copy of: 

      • The perinatal palliative care informational materials and list of the perinatal palliative care providers and programs; and

      • A form certifying that the pregnant individual received these materials; and

    • Take the signed certification form and place the form in the medical records of the pregnant individual. 

  • Defines “disability” as (Sec. 7):

    • Having a physical or mental impairment that would substantially limit one or more of an individual’s major life activities;

    • An assessment referencing an individual’s impairment described by the preceding sub-highlight;

    • A physical disfigurement, scoliosis, dwarfism, Down syndrome, albinism, amelia, or any other type of physical, mental, or intellectual abnormality or disease.

  • Prohibits an individual from (Sec. 7):

    • Knowingly performing or attempting to perform an abortion based on the race, ethnicity, sex, or probability of diagnosis of or of having a disability of the fetus; or

    • Using force or the threat of force to intentionally injure or intimidate an individual in order to coerce an abortion or attempted abortion based on the race, ethnicity, sex, or probability of diagnosis of or of having a disability of the fetus.

  • Classifies a violation of the preceding highlight as a Class A misdemeanor, and authorizes a civil action to be brought against an individual in violation of this highlight by (Sec. 7):

    • The individual on whom the abortion was performed or attempted;

    • The biological father of the fetus for the abortion performed or attempted; or

    • A parent of the individual on whom the abortion was performed or attempted if the indiviudal is less than 18 years of age at the time of the violation.  

  • Specifies that a physician who performs a discriminatory abortion may have their license suspended or revoked (Sec. 7).

  • Requires a physician planning to perform an abortion on an individual carrying a fetus diagnosed with a life-threatening disability, at least 24 hours in advance, or at least two hours before the abortion when the pregnant individual waives this requirement by certifying they live 100 miles or more from the nearest abortion provider, to (Sec. 9):

    • Inform the individual, orally and in person, of the availability of perinatal palliative care; and

    • Give the individual a written copy of:

      • The perinatal palliative care informational materials and list of the perinatal palliative care providers and programs; and

      • The perinatal palliative care certification form.

  • Authorizes the physician to perform the abortion in the scenario discussed in the previous highlight if the pregnant individual signs the certification form, and the physician places the signed certification form in the medical records of the pregnant individual (Sec. 9).

  • Repeals the condition in which a fetus has a severe fetal abnormality from the definition of “medical emergency” (Sec. 13).

Title: Establishes the "Preborn Nondiscrimination Act"

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