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Texas Health and Safety Code

§ 171.203 — DETERMINATION OF PRESENCE OF FETAL HEARTBEAT REQUIRED; RECORD

HS § 171.203Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 171. ABORTION · Art. H. DETECTION OF FETAL HEARTBEAT

Statute text

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(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, 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:

Legislative history

Added by Acts 2021, 87th Leg., R.S., Ch. 62 (S.B. 8), Sec. 3, eff. September 1, 2021.

Source: Texas Health and Safety Code § 171.203 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.