Women's Health and Reproductive Rights
We are tracking several bills relating to Women's Health and Reproductive Rights that have been referred to committee:
SB 31/HB 44 is the "abortion clarification" bill. While the bill is marketed as a bill that would clarify when doctors and hospitals can perform an abortion, the bill is not clear, continues to have vague language, and adds continuing education for doctors and lawyers to help them understand the law. While we are encouraged that a bill was filed, acknowledging there is a problem–women cannot receive reproductive care and are dying–we hope there will be many iterations of this bill before it gets passed (if it does) that will make it more straightforward when and under what circumstances doctors and hospitals can perform an abortion.
HB 997 is aimed at "shield law" states and would require any telehealth provider to register in Texas and meet in person anyone they prescribe abortion medicine or hormones for trans patients. This bill is targeted at the doctor in New York who prescribed abortion medication to someone in Texas via a telehealth visit. Many supporters are positioning this bill as a stop-gap for doctor shortages. Anyone who is part of a telehealth registry is required to follow all Texas laws. We should address why doctors don’t want to practice in Texas vs. stop-gap measures.
SB 33 will prohibit local governments from budgeting funds to provide practical support services for people seeking abortion care. This includes services such as travel, lodging, meals, and childcare. Funding practical support does not violate any existing abortion restrictions in Texas. SB 33 is unnecessary state interference into the purvey of local public health officials. All Republicans in the Senate signed onto this bill, and we expect it to pass and move to the House.
SB 2880/HB 5510 is named the "Women and Children's Protection Act" and intends to create a means for a civil liability for anyone who assists someone with obtaining an abortion. The "anyone" assisting includes ISPs, cloud platforms, any group (like Planned Parenthood, Avow, etc.) that posts online how to obtain an abortion. It's a far-reaching bill that is probably unconstitutional. It is sponsored by Senator Bryan Hughes (the person sponsoring the clarification bill) and Rep. Jeff Leach. Some of the language is chilling and would allow for criminal penalties for prescribing or sending abortion drugs over state lines. This bill has been referred to the Senate State Affairs committee, although as of this writing, it is not yet on the docket for a committee meeting.
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