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

Texas § 171.203

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 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 , 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.

Legislative History

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