Texas Bill Requiring Personal Liability Insurance for Abortion Providers (HB 2735)

HB 2735 would require a physician performing an abortion to maintain professional liability insurance of at least one million dollars for each occurrence or file with the commission a bond in an amount of at least $1 million if they performed an average of five or more abortions per month during the preceding calendar year and:

• was the subject of a civil action twice in the last seven years due to the performance of an abortion;
• was disciplined by the Texas Medical Board for unprofessional, unethical, or negligent conduct arising from an abortion; or
• is employed by or owns a licensed abortion facility that was determined to have continued violating a rule after an initial inspection identified the violation.

The insurance or bond would need to be payable to the patient who incurred damages as a result of a complication from an abortion performed or induced by the physician.

Any physician who is not in compliance would be prohibited from performing or inducing an abortion.

A physician who violates this provision would be guilty of a Class A misdemeanor, punishable by a fine of up to $4,000.

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