Texas Senate Bill 8 (“Texas Heartbeat Act”)

Frequently asked questions

What is Senate Bill 8?

Senate Bill 8 (SB 8), also known as the “Texas Heartbeat Act” prohibits a physician from performing or inducting termination of a pregnancy once a fetal heartbeat has been detected. This is generally around 5-8 weeks gestational age.

What is the penalty?

Damages are civil in nature, not criminal. Fines can be >$10,000 for each termination of pregnancy that is documented, including covering the costs and attorney’s fees for the person filing the claim [Section 171.208, Subsection (b)].

Who can bring civil action?

Anyone can bring forth civil action and report a violation except an officer or employee of the state or local government entity. A claim must be made within four years of the termination event [Section 171.208, Subsection (a)].

How does this affect Genetic Counselors?

This law not only prohibits termination of pregnancy by a physician but also “aiding and abetting” of the induction or termination of pregnancy [Section 171.208, Subsection (a)]. This applies to anyone even if you do not have knowledge of the final decision of the termination of pregnancy.

In other words, counseling or even intending to counsel that termination of pregnancy is an option, but not actually providing access to a termination of pregnancy could still be seen as aiding and abetting, even if you never follow up to know if termination actually occurred. 

What can we do now?

We are currently working with our TSGC lobbyist to understand the nuances of this bill in more detail and have several meetings scheduled. We are also thankful to work with NSGC leadership to provide you with more resources and answers as the path of this bill becomes clearer.

Are there any exceptions?

Yes. Termination of pregnancy, even with fetal heartbeat, can occur if there is a medical emergency that exists for the pregnant woman [Section 171.205, Subsection (b)]. The language does not state the medical emergency of the fetus an exception.

Where can I read the entire bill?
Full text SB8: https://legiscan.com/TX/text/SB8/2021

What is the status of the bill?

As of 10/12/2021, the SB8 bill is in effect. The bill was briefly blocked by a federal judge's temporary injunction on 10/06/2021, but it was reinstated by a federal appeals court on 10/08/2021. Because the appeals process can be lengthy and change quickly, we will only send updates that are deemed important or will have a lasting impact.

What recommendations do you have?

Genetic Counselors are encouraged to speak with their risk management/legal teams for further guidance. If you have received guidance from your institution or practice that you are able to share with your TSGC community please email info@tsgc.org.