Texas 2009 - 81st Regular

Texas House Bill HB36 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2630 ALB-F
2	2	By: Corte H.B. No. 36
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to informed consent to an abortion.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 171.002, Health and Safety Code, is
10	10	amended to read as follows:
11	11	Sec. 171.002. DEFINITIONS [DEFINITION]. In this chapter:
12	12	(1) "Abortion" [, "abortion"] means the use of any
13	13	means to terminate the pregnancy of a female known by the attending
14	14	physician to be pregnant with the intention that the termination of
15	15	the pregnancy by those means will, with reasonable likelihood,
16	16	cause the death of the fetus.
17	17	(2) "Medical emergency" means a condition exists that,
18	18	in a physician's good faith clinical judgment, complicates the
19	19	medical condition of the pregnant woman and necessitates the
20	20	immediate abortion of her pregnancy to avert her death or to avoid a
21	21	serious risk of substantial impairment of a major bodily function.
22	22	SECTION 2. Sections 171.012(a), (b), and (c), Health and
23	23	Safety Code, are amended to read as follows:
24	24	(a) Consent [Except in the case of a medical emergency,
25	25	consent] to an abortion is voluntary and informed only if:
26	26	(1) the physician who is to perform the abortion or the
27	27	referring physician informs the pregnant woman on whom the abortion
28	28	is to be performed of:
29	29	(A) the name of the physician who will perform
30	30	the abortion;
31	31	(B) the particular medical risks associated with
32	32	the particular abortion procedure to be employed, including, when
33	33	medically accurate:
34	34	(i) the risks of infection and hemorrhage;
35	35	(ii) the potential danger to a subsequent
36	36	pregnancy and of infertility; and
37	37	(iii) the possibility of increased risk of
38	38	breast cancer following an induced abortion and the natural
39	39	protective effect of a completed pregnancy in avoiding breast
40	40	cancer;
41	41	(C) the probable gestational age of the unborn
42	42	child at the time the abortion is to be performed; and
43	43	(D) the medical risks associated with carrying
44	44	the child to term;
45	45	(2) the physician who is to perform the abortion or the
46	46	physician's agent informs the pregnant woman that:
47	47	(A) medical assistance benefits may be available
48	48	for prenatal care, childbirth, and neonatal care;
49	49	(B) the father is liable for assistance in the
50	50	support of the child without regard to whether the father has
51	51	offered to pay for the abortion; and
52	52	(C) public and private agencies provide
53	53	pregnancy prevention counseling and medical referrals for
54	54	obtaining pregnancy prevention medications or devices, including
55	55	emergency contraception for victims of rape or incest; [and]
56	56	(3) the physician who is to perform the abortion or the
57	57	physician's agent:
58	58	(A) provides [(D)] the pregnant woman with [has
59	59	the right to review] the printed materials described by Section
60	60	171.014; and
61	61	(B) informs her [,] that those materials:
62	62	(i) have been provided by the [Texas]
63	63	Department of State Health Services;
64	64	(ii) [and] are accessible on an Internet
65	65	website sponsored by the department;
66	66	(iii) [, and that the materials] describe
67	67	the unborn child and list agencies that offer alternatives to
68	68	abortion; and
69	69	(iv) include a list of agencies that offer
70	70	obstetric ultrasound services at no cost to the pregnant woman;
71	71	(4) at least two hours before the abortion, the
72	72	physician who is to perform the abortion or the physician's agent:
73	73	(A) performs an obstetric ultrasound on the
74	74	pregnant woman on whom the abortion is to be performed;
75	75	(B) displays the ultrasound images in a quality
76	76	consistent with current medical practice in a manner that the
77	77	pregnant woman may view them;
78	78	(C) provides, in a manner understandable to a
79	79	layperson, a simultaneous verbal explanation of the results of the
80	80	ultrasound images, including a medical description of the
81	81	dimensions of the embryo or fetus, the presence of cardiac
82	82	activity, and the presence of external members and internal organs;
83	83	and
84	84	(D) makes audible the heart auscultation for the
85	85	pregnant woman to hear, if present, in a quality consistent with
86	86	current medical practice and provides, in a manner understandable
87	87	to a layperson, a simultaneous verbal explanation of the heart
88	88	auscultation;
89	89	(5) [(3)] the pregnant woman certifies in a signed,
90	90	written statement [writing] before the abortion is performed that:
91	91	(A) the information and the printed materials
92	92	described by Subdivisions (1), [and] (2), and (3) have [has] been
93	93	provided and explained to her [and that she has been informed of her
94	94	opportunity to review the information described by Section
95	95	171.014]; [and]
96	96	(B) she has been provided with and has had the
97	97	opportunity to review the ultrasound images and hear the heart
98	98	auscultation required by Subdivision (4); and
99	99	(C) she understands the nature and consequences
100	100	of an abortion;
101	101	(6) [(4)] before the abortion is performed, the
102	102	physician who is to perform the abortion receives a copy of the
103	103	signed, written certification required by Subdivision (5); and
104	104	(7) the pregnant woman is provided the name of each
105	105	person who provides or explains the information required under this
106	106	subsection [(3)].
107	107	(b) The information required to be provided under
108	108	Subsections (a)(1) and (2) may not be provided by audio or video
109	109	recording and must be provided:
110	110	(1) orally by telephone or in person; and
111	111	(2) at least 24 hours before the abortion is to be
112	112	performed.
113	113	(c) When providing the information under Subsection (a)(3)
114	114	[(a)(2)(D)], the physician or the physician's agent must provide
115	115	the pregnant woman with the address of the Internet website on which
116	116	the printed materials described by Section 171.014 may be viewed as
117	117	required by Section 171.014(e).
118	118	SECTION 3. Subchapter B, Chapter 171, Health and Safety
119	119	Code, is amended by adding Sections 171.0121 and 171.0122 to read as
120	120	follows:
121	121	Sec. 171.0121. VIEWING PRINTED MATERIALS AND ULTRASOUND
122	122	IMAGE. (a) A pregnant woman may choose not to view the printed
123	123	materials provided under Section 171.012(a)(3) after she has been
124	124	provided the materials.
125	125	(b) A pregnant woman may avert her eyes from the ultrasound
126	126	images required to be provided to and reviewed with the pregnant
127	127	woman under Section 171.012(a)(4).
128	128	(c) The physician and the pregnant woman are not subject to
129	129	a penalty under this chapter solely because the pregnant woman
130	130	chooses not to view the printed materials or the ultrasound images
131	131	as described by this section.
132	132	Sec. 171.0122. EXCEPTION FOR MEDICAL EMERGENCY. A
133	133	physician may perform an abortion without obtaining informed
134	134	consent under this subchapter in a medical emergency. A physician
135	135	who performs an abortion in a medical emergency shall:
136	136	(1) include in the patient's medical records a
137	137	statement signed by the physician certifying the nature of the
138	138	medical emergency; and
139	139	(2) not later than the seventh day after the date the
140	140	abortion is performed, certify to the Department of State Health
141	141	Services the specific medical condition that constituted the
142	142	emergency.
143	143	SECTION 4. Section 171.013(a), Health and Safety Code, is
144	144	amended to read as follows:
145	145	(a) The [If the woman chooses to view the materials
146	146	described by Section 171.014, the] physician or the physician's
147	147	agent shall furnish copies of the materials described by Section
148	148	171.014 to the pregnant woman [her] at least 24 hours before the
149	149	abortion is to be performed and shall direct the pregnant woman to
150	150	the Internet website required to be published under Section
151	151	171.014(e). The [A] physician or the physician's agent may furnish
152	152	the materials to the pregnant woman by mail if the materials are
153	153	mailed, restricted delivery to addressee, at least 72 hours before
154	154	the abortion is to be performed.
155	155	SECTION 5. Section 171.015, Health and Safety Code, is
156	156	amended to read as follows:
157	157	Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
158	158	AGENCIES. The informational materials must include [either]:
159	159	(1) geographically indexed materials designed to
160	160	inform the pregnant woman of public and private agencies and
161	161	services that:
162	162	(A) are available to assist a woman through
163	163	pregnancy, childbirth, and the child's dependency, including:
164	164	(i) a comprehensive list of adoption
165	165	agencies;
166	166	(ii) a description of the services the
167	167	adoption agencies offer; [and]
168	168	(iii) a description of the manner,
169	169	including telephone numbers, in which an adoption agency may be
170	170	contacted; and
171	171	(iv) a comprehensive list of agencies and
172	172	organizations that offer obstetric ultrasound services at no cost
173	173	to the pregnant woman;
174	174	(B) do not provide abortions or abortion-related
175	175	services or make referrals to abortion providers; and
176	176	(C) are not affiliated with organizations that
177	177	provide abortions or abortion-related services or make referrals to
178	178	abortion providers; and [or]
179	179	(2) a toll-free, 24-hour telephone number that may be
180	180	called to obtain an oral list and description of agencies described
181	181	by Subdivision (1) that are located near the caller and of the
182	182	services the agencies offer.
183	183	SECTION 6. Section 164.055(a), Occupations Code, is amended
184	184	to read as follows:
185	185	(a) The board may take an appropriate disciplinary action
186	186	against a physician who violates Section 170.002 or Chapter 171,
187	187	Health and Safety Code. The board may refuse to admit to
188	188	examination or refuse to issue a license or renewal license to a
189	189	person who violates that section or chapter.
190	190	SECTION 7. The purpose of this Act is to protect the health
191	191	and safety of women.
192	192	SECTION 8. This Act takes effect immediately if it receives
193	193	a vote of two-thirds of all the members elected to each house, as
194	194	provided by Section 39, Article III, Texas Constitution. If this
195	195	Act does not receive the vote necessary for immediate effect, this
196	196	Act takes effect September 1, 2009.