Tex. Health & Safety Code Section 171.203
Determination of Presence of Fetal Heartbeat Required; Record

(a)

For the purposes of determining the presence of a fetal heartbeat under this section, “standard medical practice” includes employing the appropriate means of detecting the heartbeat based on the estimated gestational age of the unborn child and the condition of the woman and her pregnancy.

(b)

Except as provided by Section 171.205 (Exception for Medical Emergency; Records), a physician may not knowingly perform or induce an abortion on a pregnant woman unless the physician has determined, in accordance with this section, whether the woman’s unborn child has a detectable fetal heartbeat.

(c)

In making a determination under Subsection (b), the physician must use a test that is:

(1)

consistent with the physician’s good faith and reasonable understanding of standard medical practice; and

(2)

appropriate for the estimated gestational age of the unborn child and the condition of the pregnant woman and her pregnancy.

(d)

A physician making a determination under Subsection (b) shall record in the pregnant woman’s medical record:

(1)

the estimated gestational age of the unborn child;

(2)

the method used to estimate the gestational age; and

(3)

the test used for detecting a fetal heartbeat, including the date, time, and results of the test.
Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.

Source: Section 171.203 — Determination of Presence of Fetal Heartbeat Required; Record, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­171.­htm#171.­203 (accessed Jun. 5, 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 171.203’s source at texas​.gov