Texas Family Code - Section 33.002. Parental Notice
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§ 33.002. PARENTAL NOTICE. (a) A physician may not
perform an abortion on a pregnant unemancipated minor unless:
(1) the physician performing the abortion gives at
least 48 hours actual notice, in person or by telephone, of the
physician's intent to perform the abortion to:
(A) a parent of the minor, if the minor has no
managing conservator or guardian; or
(B) a court-appointed managing conservator or
guardian;
(2) the judge of a court having probate jurisdiction,
the judge of a county court at law, the judge of a district court,
including a family district court, or a court of appellate
jurisdiction issues an order authorizing the minor to consent to
the abortion as provided by Section 33.003 or 33.004;
(3) a probate court, county court at law, district
court, including a family district court, or court of appeals, by
its inaction, constructively authorizes the minor to consent to the
abortion as provided by Section 33.003 or 33.004; or
(4) the physician performing the abortion:
(A) concludes that on the basis of the
physician's good faith clinical judgment, a condition exists that
complicates the medical condition of the pregnant minor and
necessitates the immediate abortion of her pregnancy to avert her
death or to avoid a serious risk of substantial and irreversible
impairment of a major bodily function; and
(B) certifies in writing to the Texas Department
of Health and in the patient's medical record the medical
indications supporting the physician's judgment that the
circumstances described by Paragraph (A) exist.
(b) If a person to whom notice may be given under Subsection
(a)(1) cannot be notified after a reasonable effort, a physician
may perform an abortion if the physician gives 48 hours
constructive notice, by certified mail, restricted delivery, sent
to the last known address, to the person to whom notice may be given
under Subsection (a)(1). The period under this subsection begins
when the notice is mailed. If the person required to be notified is
not notified within the 48-hour period, the abortion may proceed
even if the notice by mail is not received.
(c) The requirement that 48 hours actual notice be provided
under this section may be waived by an affidavit of:
(1) a parent of the minor, if the minor has no managing
conservator or guardian; or
(2) a court-appointed managing conservator or
guardian.
(d) A physician may execute for inclusion in the minor's
medical record an affidavit stating that, according to the best
information and belief of the physician, notice or constructive
notice has been provided as required by this section. Execution of
an affidavit under this subsection creates a presumption that the
requirements of this section have been satisfied.
(e) The Texas Department of Health shall prepare a form to
be used for making the certification required by Subsection (a)(4).
(f) A certification required by Subsection (a)(4) is
confidential and privileged and is not subject to disclosure under
Chapter 552, Government Code, or to discovery, subpoena, or other
legal process. Personal or identifying information about the
minor, including her name, address, or social security number, may
not be included in a certification under Subsection (a)(4). The
physician must keep the medical records on the minor in compliance
with the rules adopted by the Texas State Board of Medical Examiners
under Section 153.003, Occupations Code.
(g) A physician who intentionally performs an abortion on a
pregnant unemancipated minor in violation of this section commits
an offense. An offense under this subsection is punishable by a
fine not to exceed $10,000. In this subsection, "intentionally" has
the meaning assigned by Section 6.03(a), Penal Code.
(h) It is a defense to prosecution under this section that
the minor falsely represented her age or identity to the physician
to be at least 18 years of age by displaying an apparently valid
governmental record of identification such that a reasonable person
under similar circumstances would have relied on the
representation. The defense does not apply if the physician is
shown to have had independent knowledge of the minor's actual age or
identity or failed to use due diligence in determining the minor's
age or identity. In this subsection, "defense" has the meaning and
application assigned by Section 2.03, Penal Code.
(i) In relation to the trial of an offense under this
section in which the conduct charged involves a conclusion made by
the physician under Subsection (a)(4), the defendant may seek a
hearing before the Texas State Board of Medical Examiners on
whether the physician's conduct was necessary to avert the death of
the minor or to avoid a serious risk of substantial and irreversible
impairment of a major bodily function. The findings of the Texas
State Board of Medical Examiners under this subsection are
admissible on that issue in the trial of the defendant.
Notwithstanding any other reason for a continuance provided under
the Code of Criminal Procedure or other law, on motion of the
defendant, the court shall delay the beginning of the trial for not
more than 30 days to permit a hearing under this subsection to take
place.
Added by Acts 1999, 76th Leg., ch. 395, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, § 14.741, eff. Sept.
1, 2001.
Section: 32.005 32.101 32.102 32.103 32.201 32.202 33.001 33.002 33.003 33.004 33.005 33.006 33.007 33.008 33.009
Last modified: August 11, 2007
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