Tex. Health & Safety Code Section 171.063
Provision of Abortion-inducing Drug


(a)

A person may not knowingly provide an abortion-inducing drug to a pregnant woman for the purpose of inducing an abortion in the pregnant woman or enabling another person to induce an abortion in the pregnant woman unless:

(1)

the person who provides the abortion-inducing drug is a physician; and

(2)

the provision of the abortion-inducing drug satisfies the protocol authorized by this subchapter.

(b)

Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 7(2), eff. December 2, 2021.

(b-1)

A manufacturer, supplier, physician, or any other person may not provide to a patient any abortion-inducing drug by courier, delivery, or mail service.

(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;

(5)

document whether the pregnant woman received treatment for Rh negativity, as diagnosed by the most accurate standard of medical care; and

(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.

(d)

The physician who gives, sells, dispenses, administers, provides, or prescribes an abortion-inducing drug shall provide the pregnant woman with:

(1)

a copy of the final printed label of that abortion-inducing drug; and

(2)

a telephone number by which the pregnant woman may reach the physician, or other health care personnel employed by the physician or by the facility at which the abortion was performed with access to the woman’s relevant medical records, 24 hours a day to request assistance for any complications that arise from the administration or use of the drug or ask health-related questions regarding the administration or use of the drug.

(e)

A physician who provides the abortion-inducing drug, or the physician’s agent, must schedule a follow-up visit for the woman to occur not later than the 14th day after the earliest date on which the abortion-inducing drug is administered or used or the abortion is performed or induced. At the follow-up visit, the physician must:

(1)

confirm that the woman’s pregnancy is completely terminated; and

(2)

assess any continued blood loss.

(f)

The physician who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug, or the physician’s agent, shall make a reasonable effort to ensure that the woman returns for the scheduled follow-up visit under Subsection (e). The physician or the physician’s agent shall document a brief description of any effort made to comply with this subsection, including the date, time, and name of the person making the effort, in the woman’s medical record.

(g)

If a physician gives, sells, dispenses, administers, provides, or prescribes an abortion-inducing drug to a pregnant woman for the purpose of inducing an abortion as authorized by this section and the physician knows that the woman experiences a serious adverse event, as defined by the MedWatch Reporting System, during or after the administration or use of the drug, the physician shall report the event to the United States Food and Drug Administration through the MedWatch Reporting System not later than the third day after the date the physician learns that the event occurred.
Added by Acts 2013, 83rd Leg., 2nd C.S., Ch. 1, Sec. 3, eff. October 29, 2013.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 4, eff. December 2, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 5, eff. December 2, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 10 (S.B. 4), Sec. 7(2), eff. December 2, 2021.

Source: Section 171.063 — Provision of Abortion-inducing Drug, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­171.­htm#171.­063 (accessed Mar. 23, 2024).

171.001
Short Title
171.002
Definitions
171.003
Physician to Perform
171.005
Commission to Enforce
171.006
Abortion Complication Reporting Requirements
171.008
Required Documentation
171.011
Informed Consent Required
171.012
Voluntary and Informed Consent
171.013
Distribution of State Materials
171.014
Informational Materials
171.015
Information Relating to Public and Private Agencies
171.016
Information Relating to Characteristics of Unborn Child
171.017
Periods Run Concurrently
171.018
Offense
171.0031
Requirements of Physician
171.041
Short Title
171.042
Definitions
171.043
Determination of Post-fertilization Age Required
171.045
Method of Abortion
171.046
Exceptions
171.047
Protection of Privacy in Court Proceedings
171.048
Construction of Subchapter
171.061
Definitions
171.062
Enforcement by Texas Medical Board
171.063
Provision of Abortion-inducing Drug
171.064
Administrative Penalty
171.065
Criminal Offense
171.066
Enforcement of Subchapter
171.081
Applicability
171.082
Education and Training Programs on Trafficking of Persons
171.101
Definitions
171.102
Partial-birth Abortions Prohibited
171.103
Criminal Penalty
171.104
Civil Liability
171.105
Hearing
171.106
Applicability
171.0121
Medical Record
171.0122
Viewing Printed Materials and Sonogram Image
171.0123
Paternity and Child Support Information
171.0124
Exception for Medical Emergency
171.151
Definition
171.152
Dismemberment Abortions Prohibited
171.153
Criminal Penalty
171.154
Construction of Subchapter
171.201
Definitions
171.202
Legislative Findings
171.203
Determination of Presence of Fetal Heartbeat Required
171.204
Prohibited Abortion of Unborn Child with Detectable Fetal Heartbeat
171.205
Exception for Medical Emergency
171.206
Construction of Subchapter
171.207
Limitations on Public Enforcement
171.208
Civil Liability for Violation or Aiding or Abetting Violation
171.209
Civil Liability: Undue Burden Defense Limitations
171.210
Civil Liability: Venue
171.211
Sovereign, Governmental, and Official Immunity Preserved
171.212
Severability
171.0631
Voluntary and Informed Consent Required
171.0632
Reporting Requirements

Accessed:
Mar. 23, 2024

§ 171.063’s source at texas​.gov