(a) As used in this section:
(1) "Abortion" means the use of any means to terminate
the pregnancy of a female known by the attending physician to be pregnant
with the intention that the termination of the pregnancy by those
means will, with reasonable likelihood, cause the death of the fetus
(as defined at §33.001, Texas Family Code).
(2) "Unemancipated minor" means a minor who is not
18 years, unmarried and has not had the disabilities of minority removed
under Chapter 31, Texas Family Code (as defined at §33.001, Texas
Family Code).
(b) In the case of an unemancipated minor patient on
whom a physician plans to perform an abortion, the physician shall
obtain and maintain in the medical records one of the following:
(1) the written consent of one of the patient's parents,
managing conservator, or legal guardian, in accordance with §164.052(a)(19),
Medical Practice Act;
(2) a court order authorizing the minor to consent
to the abortion, in accordance with §33.003 or §33.004,
Texas Family Code; or
(3) an affidavit of the physician authorizing the physician
to perform the abortion as if the court had issued an order granting
the application or appeal, in accordance with §33.005, Texas
Family Code.
(4) If a physician performs an abortion on an unemancipated
minor during a medical emergency as defined by Texas Family Code §33.0022(a),
the physician shall execute an affidavit explaining the specific medical
emergency that necessitated the immediate abortion and include this
affidavit in the minor patient's file. The physician shall also maintain
in the medical records a copy of the certification to the Department
of State Health Services, as required by §33.002, Texas Family
Code.
(c) Except in the case of a medical emergency, the
physician shall obtain and maintain in the medical records a written
consent signed by the patient that includes the requirements set forth
in §171.011 and §171.012, Texas Health and Safety Code.
The physician shall further maintain in the medical records for the
minor patient the return receipt for the notice required by Texas
Family Code §33.002(b), or if the notice was returned as undeliverable,
the notice.
(d) The physician must use due diligence in determining
that any person signing a written consent for an abortion on an unemancipated
minor is, in fact, who the person purports to be. Due diligence shall
include requesting proof of identity and age described by Texas Family
Code §2005(b), or a copy of the court order removing the disabilities
of minority. If proof of age and identity cannot be provided, the
physician shall provide information on how to obtain proof of identity
and age to the patient. If the patient is subsequently unable to obtain
proof of identity and age and the physician chooses to perform the
abortion, the physician shall document that proof of identity and
age was not obtained and maintain a copy of the required report to
the Department of State Health Services that proof of identity and
age was not obtained for the woman on whom the abortion was performed.
The physician may not perform the abortion unless the written consent
is notarized. The physician must use due diligence to determine that
any woman on which he or she performs an abortion who claims to have
reached the age of majority or to have had the disabilities of minority
removed has, in fact, reached the age of majority or has had the disabilities
of minority removed.
(e) The physician shall maintain the medical records
required by this section until the later of the fifth anniversary
of the date of the patient's majority or the seventh anniversary of
the date the physician received or created the documentation for the
record.
(f) Pursuant to §164.052(c), Medical Practice
Act, the board adopts the following form for physicians to obtain
the consent required for an abortion to be performed on an unemancipated
minor:
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