Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 9 - TEXAS MEDICAL BOARD
Chapter 165 - MEDICAL RECORDS
Section 165.8 - Abortion Ban Exception Performance and Documentation
Universal Citation: 22 TX Admin Code ยง 165.8
Current through Reg. 49, No. 38; September 20, 2024
(a) An abortion shall not be performed in this state unless it is performed in compliance with all provisions of Texas Health and Safety Code, Chapters 170, 170A, and 171, in addition to any other applicable federal and state statutes, rules, and court opinions.
(b) In addition to the requirements above, the physician must document in the patient's medical record:
(1) that the abortion is performed in
response to a medical emergency;
(A) that
places the woman in danger of death unless the abortion is performed or
induced; or
(B) to prevent a
serious risk of substantial impairment of a major bodily function of the
patient unless the abortion is performed or induced;
(2) the major bodily function(s) at serious
risk of substantial impairment;
(3)
what placed the woman in danger of death, or what was the serious risk of
substantial impairment;
(4) how the
danger of death or serious risk was determined;
(5) if applicable, the rationale on why the
abortion was performed pursuant to §170A.002 (b)(3) of the Texas Health
and Safety Code; and
(6) if
applicable, that the treatment was in response to an ectopic pregnancy at any
location or a previable premature rupture of membranes, as those terms are used
in §
74.552
of the Texas Civil Practice and Remedies Code.
(c) The above documentation must be made before and/or after performing the procedure, but the initial documentation must be made within 7 days of the procedure.
(d) Imminence of the threat to life or impairment of a major bodily function is not required.
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