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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB31

Regular Session

Relating to exceptions to otherwise prohibited abortions based on a physician's reasonable medical judgment.

Government Affairs & Regulatory Compliance Analysis

SB31: Government Affairs Overview

SB31 fundamentally redefines the legal risk for pregnancy-related medical care by codifying "reasonable medical judgment" for emergencies and explicitly excluding ectopic pregnancies and miscarriage management from abortion bans. While this expands legal protections for physicians, it simultaneously imposes strict, non-negotiable documentation mandates for abortion-inducing drugs and establishes a mandatory licensure training requirement for all providers of obstetric care.

Sen. Bryan Hughes·Senate Bill·Regular Session

Critical
Low Cost
Effective:2025-09-01
Enforcing Agencies

State Bar of Texas • Texas Medical Board

Business Impact

Who SB31 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: critical

Significant regulatory changes (effective 2025-09-01). Review with your legal and compliance teams to understand implications.

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Healthcare

Affected business types:

  • Hospitals
  • Healthcare systems
  • Medical practices
  • Health insurance providers
View all healthcare legislation

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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SB31
Critical
Relating to exceptions to otherwise prohibited abortions based on a physician's reasonable medical judgment.
Critical Compliance Urgency
Requires immediate attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
State Bar of TexasTexas Medical Board
Primary Author: Sen. Bryan Hughes
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline:
  • Clinical Protocols & Documentation: September 1, 2025 (Immediate adherence required).
  • Licensure Training: Renewals occurring after January 1, 2026.
  • Agency Rulemaking: The Texas Medical Board (TMB) must adopt rules and release the approved CME course by January 1, 2026.
  • *Regulatory Gray Zone:* Between Sept 1, 2025, and Jan 1, 2026, the new legal definitions apply, but the state-sanctioned training on how to apply them will not yet be available. Rely on the statutory text and internal counsel during this window.

Immediate Action Plan

  • 1. Immediate Protocol Review: Direct Chief Medical Officers to revise triage protocols for ectopic pregnancies and miscarriages by Sept 1, 2025, to reflect they are no longer legally classified as abortions.
  • 2. Update EMR Fields: IT/Informatics teams must update charting templates for abortion-inducing drugs to make the four statutory data points (Exam, Age, Location, Rh) mandatory fields.
  • 3. Notify Malpractice Carriers: Inform liability insurers of the new statutory immunity for emergency exceptions to ensure coverage positions align with the new law.
  • 4. Credentialing Flag: Set a calendar alert for Jan 1, 2026, to activate the CME verification requirement for all OB-related license renewals.

Operational Changes Required

Contracts

  • Physician Employment Agreements: Update "Conditions of Employment" and "Maintenance of Licensure" clauses. Failure to complete the specific SB31 CME results in license non-renewal; contracts must reflect that this specific lapse is grounds for suspension or termination.
  • Hospital Bylaws: Amend bylaws to align with SB31’s definitions of "Medical Emergency" and "Ectopic Pregnancy." Remove any internal policy requiring "imminent" death before intervention, as the statute explicitly removes the imminence requirement.
  • Legal Retainers: Review engagement letters with outside counsel. The law creates a safe harbor for attorney-client consultations regarding medical exceptions; ensure your retainer scope explicitly covers these real-time consultations.

Hiring/Training

  • Credentialing Hard Stop: Credentialing departments must add a verification step for all obstetric providers renewing after Jan 1, 2026. The physician *must* present proof of the 1-hour TMB-approved course.
  • New Hires: Any physician applying for initial licensure after Jan 1, 2026, who intends to provide obstetric care must complete this course *prior* to licensure.

Reporting & Record-Keeping

  • Abortion-Inducing Drugs (Mifepristone/Misoprostol): EMR templates must be hard-coded to require the following data points *before* prescription/administration:
  • 1. Confirmation of in-person physical examination.
  • 2. Specific gestational age.
  • 3. Intrauterine location (mandatory to rule out ectopic pregnancy).
  • 4. Rh negativity status and offer of Rh immunoglobulin.
  • Emergency Documentation: Providers must document the specific medical rationale that a condition was "life-threatening" or posed a "serious risk of substantial impairment."

Fees & Costs

  • CME Costs: $0.00. The law mandates the TMB offer this course at no cost.
  • Operational Costs: Budget for administrative hours to update EMR workflows and credentialing checklists.

Strategic Ambiguities & Considerations

  • Definition of "Provides Obstetric Care": The statute mandates CME for physicians who "provide obstetric care" but does not define the scope. It is currently unclear if this applies to Emergency Medicine physicians, Family Medicine practitioners, or General Surgeons who may handle obstetric emergencies. Watch the Texas Register for TMB rulemaking to define the specific specialty applicability.
  • "Substantial Impairment": While "life-threatening" is statutorily defined, "serious risk of substantial impairment of a major bodily function" remains a matter of clinical judgment. Until TMB issues guidance or case law emerges, facilities should adopt a conservative but medically sound definition in their internal protocols.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 14, 2025
Passed Senate
Apr 29, 2025
Passed House
May 22, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsAbortionCivil Remedies & LiabilitiesHealth Care ProvidersHealthHealth--generalMalpracticeMalpractice--professionalsWomenLife of the Mother ActPhysiciansPregnancy & ChildbirthMedical Board, TexasContinuing EducationState Bar of Texas
03

Senate Authors

Sen. Bryan HughesRepublican · Primary Author
Coauthors (19)

House Sponsors

Rep. Charlie GerenRepublican · Primary Sponsor
Joint Sponsors
Cosponsors (59)

Bill Text(with markup)

Showing first 50k characters.

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Bryan Hughes

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Related by Topic

View more Abortion legislation
Quick Reference

Frequently Asked Questions

Common questions about SB31

Q

What does Texas SB31 do?

SB31 fundamentally redefines the legal risk for pregnancy-related medical care by codifying "reasonable medical judgment" for emergencies and explicitly excluding ectopic pregnancies and miscarriage management from abortion bans. While this expands legal protections for physicians, it simultaneously imposes strict, non-negotiable documentation mandates for abortion-inducing drugs and establishes a mandatory licensure training requirement for all providers of obstetric care.

Q

Who authored SB31?

SB31 was authored by Texas Senator Bryan Hughes during the Regular Session.

Q

When was SB31 signed into law?

SB31 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB31?

SB31 is enforced by State Bar of Texas and Texas Medical Board.

Q

How significant are the changes in SB31?

The regulatory priority for SB31 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB31?

The cost impact of SB31 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB31 address?

SB31 addresses topics including abortion, civil remedies & liabilities, health care providers, health and health--general.

Q

What are the key dates for SB31?

Key dates for SB31: Effective date is 2025-09-01. Rulemaking: Must adopt rules implementing the mandatory CME requirement and make approved courses available to licensees. (2026-01-01); Must develop and offer a comprehensive Continuing Legal Education (CLE) program regarding abortion regulations. (2026-01-01). Consult with legal counsel regarding applicability.

Q

What are the penalties under SB31?

SB31 establishes the following penalties: administrative penalty of License Non-Renewal for Failure of a physician providing obstetric care to complete the mandated 1-hour CME course prior to initial licensure or license renewal after Jan 1, 2026.. Consult with legal counsel for specific applicability to your situation.

Q

Which Texas businesses are affected by SB31?

SB31 primarily affects healthcare providers and medical facilities. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026