Texas Telemedicine Ban (SB 9)

SB 9 would have prohibited dispensing abortion-inducing drugs (mifepristone-misoprostol regimen) by anyone other than a physician.

The bill would have required that the woman and physician both be present at a licensed abortion facility when the drugs are administered, and that the administration of the drugs follow FDA protocols as outlined on the final printed label of the abortion-inducing drug.

The bill also would have required the physician to schedule a follow-up visit not more than 14 days after the administration or use of the drug. The physician would have been required to make a reasonable effort to ensure that the woman returns for the follow-up visit and to document such efforts by including in the woman’s medical record the date, time, and name of the person making the effort.

The bill provides for disciplinary action or assessment of an administrative penalty against a person who violates the law, and would have prohibited assessment of a penalty against a pregnant woman who receives a medical abortion.

STATUS

SB 9 was introduced during the second special legislative session called by Gov. Rick Perry in 2013. (A similar bill (SB 18) was introduced and failed to pass during the first special legislative session.) SB 9 failed to pass, but its provisions are included in Texas’ omnibus abortion bill HB 2, which Gov. Perry signed into law on July 18, 2013 during the second special legislative session.

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