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Relating to enforcement of the rights of a living child born after an abortion; creating a civil cause of action.
According to the Legislative Budget Board, no significant fiscal implication to the State is anticipated.
HB 16 would establish a physician-patient relationship between a child born alive after an abortion and the physician who performed or attempted the abortion. The physician must exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious physician would for any other child born at the same gestational age, this includes immediately transferring the child to a hospital.
A physician who violates this bill's provisions by failing to provide appropriate medical treatment to a child born alive after an abortion is liable to the state for a civil penalty of not less than $100,000. Such an offense is also a third degree felony. Persons who have knowledge of a failure to comply has a duty to report such actions to the attorney general.
Texas Action supports HB 16 because it promotes individual liberty. This bill would ensure that a living human child born alive following an attempted abortion is entitled to the same rights and privileges that are granted to any other child born alive.