Texas 2009 - 81st Regular

Texas Senate Bill SB182 Compare Versions

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Old	New	Differences
1	1	81R34311 ALB-D
2	2	By: Patrick, et al. S.B. No. 182
3	3	Substitute the following for S.B. No. 182:
4	4	By: Solomons C.S.S.B. No. 182
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to informed consent to an abortion.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 171.002, Health and Safety Code, is
12	12	amended to read as follows:
13	13	Sec. 171.002. DEFINITIONS [DEFINITION]. In this chapter:
14	14	(1) "Abortion" [, "abortion"] means the use of any
15	15	means to terminate the pregnancy of a female known by the attending
16	16	physician to be pregnant with the intention that the termination of
17	17	the pregnancy by those means will, with reasonable likelihood,
18	18	cause the death of the fetus.
19	19	(2) "Medical emergency" means a condition exists that,
20	20	in a physician's good faith clinical judgment, complicates the
21	21	medical condition of the pregnant woman and necessitates the
22	22	immediate abortion of her pregnancy to avert her death or to avoid a
23	23	serious risk of substantial impairment of a major bodily function.
24	24	SECTION 2. Section 171.012, Health and Safety Code, is
25	25	amended by amending Subsections (a), (b), and (c) and adding
26	26	Subsection (f) to read as follows:
27	27	(a) Consent [Except in the case of a medical emergency,
28	28	consent] to an abortion is voluntary and informed only if:
29	29	(1) the physician who is to perform the abortion or the
30	30	referring physician informs the pregnant woman on whom the abortion
31	31	is to be performed of:
32	32	(A) the name of the physician who will perform
33	33	the abortion;
34	34	(B) the particular medical risks associated with
35	35	the particular abortion procedure to be employed, including, when
36	36	medically accurate:
37	37	(i) the risks of infection and hemorrhage;
38	38	(ii) the potential danger to a subsequent
39	39	pregnancy and of infertility; and
40	40	(iii) the possibility of increased risk of
41	41	breast cancer following an induced abortion and the natural
42	42	protective effect of a completed pregnancy in avoiding breast
43	43	cancer;
44	44	(C) the probable gestational age of the unborn
45	45	child at the time the abortion is to be performed; and
46	46	(D) the medical risks associated with carrying
47	47	the child to term;
48	48	(2) the physician who is to perform the abortion or the
49	49	physician's agent informs the pregnant woman that:
50	50	(A) medical assistance benefits may be available
51	51	for prenatal care, childbirth, and neonatal care;
52	52	(B) the father is liable for assistance in the
53	53	support of the child without regard to whether the father has
54	54	offered to pay for the abortion; and
55	55	(C) public and private agencies provide
56	56	pregnancy prevention counseling and medical referrals for
57	57	obtaining pregnancy prevention medications or devices, including
58	58	emergency contraception for victims of rape or incest; [and]
59	59	(3) the physician who is to perform the abortion or the
60	60	physician's agent:
61	61	(A) provides [(D)] the pregnant woman with [has
62	62	the right to review] the printed materials described by Section
63	63	171.014;
64	64	(B) informs her [,] that those materials:
65	65	(i) have been provided by the [Texas]
66	66	Department of State Health Services;
67	67	(ii) [and] are accessible on an Internet
68	68	website sponsored by the department; and
69	69	(iii) [, and that the materials] describe
70	70	the unborn child and list agencies that offer alternatives to
71	71	abortion;
72	72	(C) informs her that she is not required to
73	73	review those materials; and
74	74	(D) provides the pregnant woman with a form that
75	75	states the following:
76	76	ULTRASOUND ELECTION
77	77	TEXAS LAW REQUIRES YOU TO UNDERGO AN ULTRASOUND
78	78	PRIOR TO RECEIVING AN ABORTION.
79	79	I ELECT TO ___SEE ___NOT SEE THE ULTRASOUND.
80	80	I ELECT TO ___HEAR ___ NOT HEAR THE ULTRASOUND.
81	81	I ELECT TO ____ RECEIVE ____ NOT RECEIVE A VERBAL EXPLANATION OF THE
82	82	ULTRASOUND RESULTS.
83	83	I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND WITHOUT COERCION.
84	84	________________________________________________________________
85	85	SIGNATURE _________________________ DATE____________________;
86	86	(4) before the abortion, the pregnant woman undergoes
87	87	an obstetric ultrasound performed by the physician or the
88	88	physician's agent and:
89	89	(A) views the ultrasound, unless she has elected
90	90	not to view the ultrasound on the form provided under Subdivision
91	91	(3)(D);
92	92	(B) hears the heart auscultation in a quality
93	93	consistent with current medical practice and a simultaneous verbal
94	94	explanation of the heart auscultation, unless she has elected not
95	95	to hear the auscultation or the explanation on the form provided
96	96	under Subdivision (3)(D); and
97	97	(C) receives in a manner understandable to a
98	98	layperson a simultaneous verbal explanation of the results of the
99	99	ultrasound images, including a medical description of the
100	100	dimensions of the embryo or fetus, the presence of cardiac
101	101	activity, and the presence of external members and internal organs,
102	102	unless she has elected not to receive the explanation on the form
103	103	provided under Subdivision (3)(D);
104	104	(5) [(3)] the pregnant woman certifies in a signed,
105	105	written statement [writing] before the abortion is performed that
106	106	the information and the printed materials described by Subdivisions
107	107	(1), [and] (2), and (3) have [has] been provided and explained to
108	108	her [and that she has been informed of her opportunity to review the
109	109	information described by Section 171.014]; [and]
110	110	(6) [(4)] before the abortion is performed, the
111	111	physician who is to perform the abortion receives a copy of the
112	112	signed, written certification required by Subdivision (5); and
113	113	(7) the pregnant woman is provided the name of each
114	114	person who provides or explains the information required under this
115	115	subsection [(3)].
116	116	(b) The information required to be provided under
117	117	Subsections (a)(1) and (2) may not be provided by audio or video
118	118	recording and must be provided:
119	119	(1) orally by telephone or in person; and
120	120	(2) at least 24 hours before the abortion is to be
121	121	performed.
122	122	(c) When providing the information under Subsection (a)(3)
123	123	[(a)(2)(D)], the physician or the physician's agent must provide
124	124	the pregnant woman with the address of the Internet website on which
125	125	the printed materials described by Section 171.014 may be viewed as
126	126	required by Section 171.014(e).
127	127	(f) The physician and the pregnant woman are not subject to
128	128	a penalty under this chapter solely because the pregnant woman
129	129	chooses not to view the printed materials or the ultrasound images
130	130	or requests not to hear the heart auscultation as described by this
131	131	section.
132	132	SECTION 3. Subchapter B, Chapter 171, Health and Safety
133	133	Code, is amended by adding Section 171.0121 to read as follows:
134	134	Sec. 171.0121. EXCEPTION FOR MEDICAL EMERGENCY. A
135	135	physician may perform an abortion without obtaining informed
136	136	consent under this subchapter in a medical emergency. A physician
137	137	who performs an abortion in a medical emergency shall:
138	138	(1) include in the patient's medical records a
139	139	statement signed by the physician certifying the nature of the
140	140	medical emergency; and
141	141	(2) not later than the seventh day after the date the
142	142	abortion is performed, certify to the Department of State Health
143	143	Services the specific medical condition that constituted the
144	144	emergency.
145	145	SECTION 4. Section 171.013(a), Health and Safety Code, is
146	146	amended to read as follows:
147	147	(a) The [If the woman chooses to view the materials
148	148	described by Section 171.014, the] physician or the physician's
149	149	agent shall furnish copies of the materials described by Section
150	150	171.014 to the pregnant woman [her] at least 24 hours before the
151	151	abortion is to be performed and shall direct the pregnant woman to
152	152	the Internet website required to be published under Section
153	153	171.014(e). The [A] physician or the physician's agent may furnish
154	154	the materials to the pregnant woman by mail if the materials are
155	155	mailed, restricted delivery to addressee, at least 72 hours before
156	156	the abortion is to be performed.
157	157	SECTION 5. Section 171.015, Health and Safety Code, is
158	158	amended to read as follows:
159	159	Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
160	160	AGENCIES. The informational materials must include [either]:
161	161	(1) geographically indexed materials designed to
162	162	inform the pregnant woman of public and private agencies and
163	163	services that:
164	164	(A) are available to assist a woman through
165	165	pregnancy, childbirth, and the child's dependency, including:
166	166	(i) a comprehensive list of adoption
167	167	agencies;
168	168	(ii) a description of the services the
169	169	adoption agencies offer; [and]
170	170	(iii) a description of the manner,
171	171	including telephone numbers, in which an adoption agency may be
172	172	contacted; and
173	173	(iv) a comprehensive list of agencies and
174	174	organizations that offer obstetric ultrasound services at no cost
175	175	to the pregnant woman;
176	176	(B) do not provide abortions or abortion-related
177	177	services or make referrals to abortion providers; and
178	178	(C) are not affiliated with organizations that
179	179	provide abortions or abortion-related services or make referrals to
180	180	abortion providers; and [or]
181	181	(2) a toll-free, 24-hour telephone number that may be
182	182	called to obtain an oral list and description of agencies described
183	183	by Subdivision (1) that are located near the caller and of the
184	184	services the agencies offer.
185	185	SECTION 6. Section 164.055(a), Occupations Code, is amended
186	186	to read as follows:
187	187	(a) The board may take an appropriate disciplinary action
188	188	against a physician who violates Section 170.002 or Chapter 171,
189	189	Health and Safety Code. The board may refuse to admit to
190	190	examination or refuse to issue a license or renewal license to a
191	191	person who violates that section or chapter.
192	192	SECTION 7. The purpose of this Act is to protect the health
193	193	and safety of women.
194	194	SECTION 8. This Act takes effect immediately if it receives
195	195	a vote of two-thirds of all the members elected to each house, as
196	196	provided by Section 39, Article III, Texas Constitution. If this
197	197	Act does not receive the vote necessary for immediate effect, this
198	198	Act takes effect September 1, 2009.