Civil Penalties

New "Affirmative Defenses" for Physicians and Pharmacists

The 88th Legislature passed a bill protecting doctors who treat some pregnancy complications. House Bill 3058 provides a defense to lawsuits and criminal penalties under Texas Health & Safety Code Chapter 170A. It protects doctors who terminate a pregnancy to treat the following life-threatening complications:

Ectopic pregnancy; or
Previable premature membrane rupture.

This bill also protects pharmacists and pharmacies.

This bill will go into effect on September 1, 2023.

Texas Law

House Bill 3058, 88th Regular Session
Read more information about this bill on Texas Legislature Online

Understanding the Law

Doctors will get legal cover for some emergency abortions under new Texas law
The Houston Chronicle explains HB 3058 and the effect it will have on emergency care for pregnancy complications.

Fines or Lawsuits

Several sections of Texas law allow abortion providers or those assisting with an abortion to be sued or fined.

Note The patient who obtains an abortion is rarely at risk of fines or lawsuits under Texas's statutes. More often, the person performing the abortion is who will be fined or sued.

Laws in Effect Prior to the Activation of the "Trigger Law"

Section 33.012 of the Texas Family Code
This section allows the Attorney General to impose a civil fine on doctors who violate the law related to performing abortions on unemancipated minors.
Section 171.006 of the Texas Health and Safety Code
If a physician does not report abortion complications as required, they can be subject to a civil fine. The Attorney General may file a suit to collect the fines and attorney's fees.
Section 171.104 of the Texas Health and Safety Code
This section allows the father of the fetus or the parents of an underage mother of the fetus who was aborted using a partial-birth abortion to sue.
Section 171.208 of the Texas Health and Safety Code
This section allows a third party to bring a lawsuit against anyone who performed, aided, or abetted an abortion. State and local government officers and employees cannot file a suit under this section.
Section 697.008 of the Texas Health and Safety Code
This section makes anyone who improperly disposes of fetal tissue subject to a $1,000 fine.
Note that provisions in this chapter had been ruled unconstitutional in Whole Woman's Health v. Hellerstedt. However, the Fifth Circuit vacated that ruling in Whole Woman's Health v. Young.

Laws Taking Effect With the Activation of the "Trigger Law"

Section 170A.005 of the Texas Health & Safety Code
This section subjects anyone providing or attempting an abortion to a fine of at least $100,000.

Administrative Penalties

Several abortion-related statutes allow the Texas Medical Board to punish a doctor who violates the law. The Medical Board may revoke or suspend a doctor's medical license or fine the doctor up to $5,000.

Laws in Effect Prior to the Activation of the "Trigger Law"

Section 171.064 of the Texas Health and Safety Code
This statute allows the Texas Medical Board to penalize a doctor who provides a medical abortion in violation of Subchapter D.

Laws Taking Effect With the Activation of the "Trigger Law"

Section 170A.007 of the Texas Health and Safety Code
This section allows a licensing board to revoke the license of a healthcare professional who performs or attempts an abortion.

Texas State
Law Library

Abortion Laws

Civil Penalties

New "Affirmative Defenses" for Physicians and Pharmacists

Texas Law

Understanding the Law

Fines or Lawsuits

Laws in Effect Prior to the Activation of the "Trigger Law"

Laws Taking Effect With the Activation of the "Trigger Law"

Administrative Penalties

Laws in Effect Prior to the Activation of the "Trigger Law"

Laws Taking Effect With the Activation of the "Trigger Law"