(a) As used in this section:
  (1) "Abortion" means the use of any means to terminate the pregnancy of a female known by the attending physician to be pregnant with the intention that the termination of the pregnancy by those means will, with reasonable likelihood, cause the death of the fetus (as defined at §33.001, Texas Family Code).
  (2) "Unemancipated minor" means a minor who is not 18 years, unmarried and has not had the disabilities of minority removed under Chapter 31, Texas Family Code (as defined at §33.001, Texas Family Code).
(b) In the case of an unemancipated minor patient on whom a physician plans to perform an abortion, the physician shall obtain and maintain in the medical records one of the following:
  (1) the written consent of one of the patient's parents, managing conservator, or legal guardian, in accordance with §164.052(a)(19), Medical Practice Act;
  (2) a court order authorizing the minor to consent to the abortion, in accordance with §33.003 or §33.004, Texas Family Code; or
  (3) an affidavit of the physician authorizing the physician to perform the abortion as if the court had issued an order granting the application or appeal, in accordance with §33.005, Texas Family Code.
  (4) If a physician performs an abortion on an unemancipated minor during a medical emergency as defined by Texas Family Code §33.0022(a), the physician shall execute an affidavit explaining the specific medical emergency that necessitated the immediate abortion and include this affidavit in the minor patient's file. The physician shall also maintain in the medical records a copy of the certification to the Department of State Health Services, as required by §33.002, Texas Family Code.
(c) Except in the case of a medical emergency, the physician shall obtain and maintain in the medical records a written consent signed by the patient that includes the requirements set forth in §171.011 and §171.012, Texas Health and Safety Code. The physician shall further maintain in the medical records for the minor patient the return receipt for the notice required by Texas Family Code §33.002(b), or if the notice was returned as undeliverable, the notice.
(d) The physician must use due diligence in determining that any person signing a written consent for an abortion on an unemancipated minor is, in fact, who the person purports to be. Due diligence shall include requesting proof of identity and age described by Texas Family Code §2005(b), or a copy of the court order removing the disabilities of minority. If proof of age and identity cannot be provided, the physician shall provide information on how to obtain proof of identity and age to the patient. If the patient is subsequently unable to obtain proof of identity and age and the physician chooses to perform the abortion, the physician shall document that proof of identity and age was not obtained and maintain a copy of the required report to the Department of State Health Services that proof of identity and age was not obtained for the woman on whom the abortion was performed. The physician may not perform the abortion unless the written consent is notarized. The physician must use due diligence to determine that any woman on which he or she performs an abortion who claims to have reached the age of majority or to have had the disabilities of minority removed has, in fact, reached the age of majority or has had the disabilities of minority removed.
(e) The physician shall maintain the medical records required by this section until the later of the fifth anniversary of the date of the patient's majority or the seventh anniversary of the date the physician received or created the documentation for the record.
(f) Pursuant to §164.052(c), Medical Practice Act, the board adopts the following form for physicians to obtain the consent required for an abortion to be performed on an unemancipated minor:
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Source Note: The provisions of this §165.6 adopted to be effective September 28, 2006, 31 TexReg 8090; amended to be effective February 21, 2016, 41 TexReg 1118