(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.

Source Note: The provisions of this §165.8 adopted to be effective July 17, 2024, 49 TexReg 5142