| (a) An abortion shall not be performed in this state
unless it is performed in compliance with all provisions of Texas
Health and Safety Code, Chapters 170, 170A, and 171, in addition to
any other applicable federal and state statutes, rules, and court
opinions.
(b) In addition to the requirements above, the physician
must document in the patient's medical record:
(1) that the abortion is performed in response to a
medical emergency;
(A) that places the woman in danger of death unless
the abortion is performed or induced; or
(B) to prevent a serious risk of substantial impairment
of a major bodily function of the patient unless the abortion is performed
or induced;
(2) the major bodily function(s) at serious risk of
substantial impairment;
(3) what placed the woman in danger of death, or what
was the serious risk of substantial impairment;
(4) how the danger of death or serious risk was determined;
(5) if applicable, the rationale on why the abortion
was performed pursuant to §170A.002 (b)(3) of the Texas Health
and Safety Code; and
(6) if applicable, that the treatment was in response
to an ectopic pregnancy at any location or a previable premature rupture
of membranes, as those terms are used in §74.552 of the Texas
Civil Practice and Remedies Code.
(c) The above documentation must be made before and/or
after performing the procedure, but the initial documentation must
be made within 7 days of the procedure.
(d) Imminence of the threat to life or impairment of
a major bodily function is not required.
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