Texas 2011 - 82nd Regular

Texas House Bill HB15 Compare Versions

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1	1	82R10054 NAJ-D
2	2	By: Miller of Erath, Callegari, Harless, H.B. No. 15
3	3	Kolkhorst, Patrick, et al.
4	4	Substitute the following for H.B. No. 15:
5	5	By: Harless C.S.H.B. No. 15
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to providing a sonogram before an abortion; providing
11	11	penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 171, Health and Safety Code, is amended
14	14	by adding Subchapter C to read as follows:
15	15	SUBCHAPTER C. PERFORMANCE OF SONOGRAM BEFORE ABORTION
16	16	Sec. 171.051. DEFINITIONS. In this subchapter:
17	17	(1) "Abortion provider" means a facility where an
18	18	abortion is performed, including the office of a physician and a
19	19	facility licensed under Chapter 241, 243, or 245.
20	20	(2) "Medical emergency" means a life-threatening
21	21	physical condition caused by or arising from a pregnancy itself
22	22	that, as certified by a physician, places the woman in danger of
23	23	death or a serious risk of substantial impairment of a major bodily
24	24	function unless an abortion is performed.
25	25	(3) "Sonogram" means the use of ultrasonic waves for
26	26	diagnostic or therapeutic purposes, specifically to monitor an
27	27	unborn child.
28	28	Sec. 171.052. INFORMATION REGARDING SONOGRAM PROVIDERS.
29	29	(a) Not more than 72 hours and not less than 24 hours before an
30	30	abortion begins, the physician who is to perform the abortion
31	31	shall:
32	32	(1) provide the pregnant woman on whom the abortion is
33	33	to be performed with the informational materials described by
34	34	Section 171.014;
35	35	(2) inform the pregnant woman on whom the abortion is
36	36	to be performed that the materials required by Section 171.014:
37	37	(A) are provided by the Department of State
38	38	Health Services;
39	39	(B) are accessible on an Internet website
40	40	sponsored by the department;
41	41	(C) describe the unborn child; and
42	42	(D) list agencies that offer alternatives to
43	43	abortion; and
44	44	(3) provide the pregnant woman on whom the abortion is
45	45	to be performed with a comprehensive list of health care providers,
46	46	facilities, and clinics that offer obstetric sonogram services at
47	47	no cost to the pregnant woman and that do not:
48	48	(A) perform abortions or provide
49	49	abortion-related services;
50	50	(B) make referrals to any abortion provider; or
51	51	(C) affiliate or contract with any entity that
52	52	performs abortions, provides abortion-related services, or makes
53	53	referrals to any abortion provider.
54	54	(b) The department shall compile the list described by
55	55	Subsection (a)(3) and shall make the list available at no cost. The
56	56	department shall provide appropriate quantities of the list to an
57	57	abortion provider and to any other person. The list must include
58	58	the name, address, hours of operation, and telephone number for
59	59	each health care provider, facility, and clinic that satisfies the
60	60	requirements of Subsection (a)(3) and be:
61	61	(1) arranged by county;
62	62	(2) printed in a typeface large enough to be clearly
63	63	legible; and
64	64	(3) published in English and Spanish.
65	65	(c) The department is not required to republish the list
66	66	described by Subsection (a)(3) because of a change in information
67	67	described by Subsection (b) unless five percent or more of the
68	68	information contained in the list changes.
69	69	Sec. 171.053. PERFORMANCE OF SONOGRAM. (a) Not more than
70	70	72 hours and not less than 24 hours before the abortion begins and
71	71	before any sedative or anesthesia is administered to the pregnant
72	72	woman, the physician who is to perform the abortion or a sonographer
73	73	certified by a national registry of medical sonographers shall:
74	74	(1) perform a live, real-time obstetric sonogram on
75	75	the pregnant woman on whom the abortion is to be performed;
76	76	(2) display the live, real-time obstetric sonogram
77	77	images in a quality consistent with current medical practice in a
78	78	manner that the pregnant woman may view them;
79	79	(3) provide, in a manner understandable to a
80	80	layperson, a simultaneous verbal explanation of the results of the
81	81	live, real-time sonogram images, including a medical description of
82	82	the dimensions of the embryo or fetus, the presence of cardiac
83	83	activity, and the presence of arms, legs, external members, and
84	84	internal organs; and
85	85	(4) make audible the live, real-time heart
86	86	auscultation, when present, for the pregnant woman to hear, in a
87	87	quality consistent with current medical practice, and provide, in a
88	88	manner understandable to a layperson, a simultaneous verbal
89	89	explanation of the live, real-time heart auscultation.
90	90	(b) During a visit made to a facility to fulfill the
91	91	requirements of Subsection (a), the facility and any person at the
92	92	facility may not accept any form of payment, deposit, or exchange or
93	93	make any financial agreement for an abortion or abortion-related
94	94	services other than for payment of a service required by Subsection
95	95	(a). The amount charged for a service required by Subsection (a)
96	96	may not exceed the reimbursement rate established for the service
97	97	by the Health and Human Services Commission for statewide medical
98	98	reimbursement programs.
99	99	Sec. 171.054. CERTIFICATION OF SONOGRAM. (a) After the
100	100	live, real-time sonogram and the live, real-time heart auscultation
101	101	required under Section 171.053 and before any sedative or
102	102	anesthesia is administered to the pregnant woman and before the
103	103	abortion begins, the pregnant woman on whom the abortion is to be
104	104	performed shall certify by her signature that not more than 72 hours
105	105	and not less than 24 hours before the abortion begins:
106	106	(1) she was provided with a live, real-time sonogram
107	107	as required under Section 171.053;
108	108	(2) she had the opportunity to view the live,
109	109	real-time sonogram images as required under Section 171.053;
110	110	(3) she was provided, in a manner understandable to a
111	111	layperson, a simultaneous verbal explanation of the results of the
112	112	sonogram images as required under Section 171.053; and
113	113	(4) she heard the live, real-time heart auscultation,
114	114	when present, as required under Section 171.053.
115	115	(b) The department shall prepare the form to be used to make
116	116	the certification required under Subsection (a). The form must
117	117	include a space for the pregnant woman's signature and space for the
118	118	woman to sign her initials beside each of the following statements:
119	119	(1) "Not more than 72 hours and not less than 24 hours
120	120	before my abortion is to begin and at the facility where my abortion
121	121	is to be performed, the doctor who is performing an abortion on me
122	122	or a sonographer certified by a national registry of medical
123	123	sonographers performed a sonogram on me and displayed the live,
124	124	real-time sonogram images so that I could view them.";
125	125	(2) "The doctor who is performing an abortion on me or
126	126	a sonographer certified by a national registry of medical
127	127	sonographers has given me, in an understandable manner, a
128	128	simultaneous verbal explanation of the results of the live,
129	129	real-time sonogram images, including a medical description of the
130	130	dimensions of the embryo or fetus, the presence of cardiac
131	131	activity, and the presence of arms, legs, external members, and
132	132	internal organs."; and
133	133	(3) "The doctor performing an abortion on me or a
134	134	sonographer certified by a national registry of medical
135	135	sonographers has made audible the live, real-time heart activity,
136	136	when present, for me to hear. The doctor or sonographer has also
137	137	provided, in an understandable manner, a simultaneous verbal
138	138	explanation of the live, real-time heart activity."
139	139	(c) Before the abortion begins, a copy of the form required
140	140	under this section must be:
141	141	(1) given to the physician who is to perform the
142	142	abortion; and
143	143	(2) placed in the pregnant woman's medical records.
144	144	(d) A copy of the form required under this section shall be
145	145	retained by the abortion provider until:
146	146	(1) the seventh anniversary of the date it is signed;
147	147	or
148	148	(2) if the pregnant woman is a minor, the later of:
149	149	(A) the seventh anniversary of the date it is
150	150	signed; or
151	151	(B) the woman's 21st birthday.
152	152	Sec. 171.055. RECEIVING INFORMATION DURING SONOGRAM. The
153	153	physician and the pregnant woman are not subject to a penalty under
154	154	this subchapter solely because the pregnant woman chooses not to
155	155	receive the information required to be provided under Section
156	156	171.053.
157	157	Sec. 171.056. EXCEPTION FOR MEDICAL EMERGENCY. (a) A
158	158	physician may perform an abortion without providing the sonogram
159	159	required under Section 171.053 only in a medical emergency. A
160	160	physician who performs an abortion in a medical emergency shall:
161	161	(1) include in the patient's medical records a
162	162	statement signed by the physician certifying the nature of the
163	163	medical emergency; and
164	164	(2) not later than the seventh day after the date the
165	165	abortion is performed, certify to the Department of State Health
166	166	Services the specific medical condition that constituted the
167	167	emergency.
168	168	(b) The statement required under Subsection (a)(1) shall be
169	169	placed in the patient's medical records and shall be kept by the
170	170	abortion provider until:
171	171	(1) the seventh anniversary of the date the abortion
172	172	is performed; or
173	173	(2) if the pregnant woman is a minor, the later of:
174	174	(A) the seventh anniversary of the date the
175	175	abortion is performed; or
176	176	(B) the woman's 21st birthday.
177	177	Sec. 171.057. VIOLATION. (a) A physician who performs an
178	178	abortion in violation of this subchapter engages in unprofessional
179	179	conduct for which the physician's license shall be revoked under
180	180	Chapter 164, Occupations Code.
181	181	(b) The department, in accordance with the procedures
182	182	established under Chapter 241, 243, or 245, as applicable, shall
183	183	revoke the license of an abortion provider that violates this
184	184	subchapter.
185	185	SECTION 2. Subchapter A, Chapter 241, Health and Safety
186	186	Code, is amended by adding Section 241.007 to read as follows:
187	187	Sec. 241.007. COMPLIANCE WITH CERTAIN REQUIREMENTS
188	188	REGARDING SONOGRAM BEFORE ABORTION. A hospital shall comply with
189	189	Subchapter C, Chapter 171.
190	190	SECTION 3. Subchapter A, Chapter 243, Health and Safety
191	191	Code, is amended by adding Section 243.017 to read as follows:
192	192	Sec. 243.017. COMPLIANCE WITH CERTAIN REQUIREMENTS
193	193	REGARDING SONOGRAM BEFORE ABORTION. An ambulatory surgical center
194	194	shall comply with Subchapter C, Chapter 171.
195	195	SECTION 4. Chapter 245, Health and Safety Code, is amended
196	196	by adding Section 245.024 to read as follows:
197	197	Sec. 245.024. COMPLIANCE WITH CERTAIN REQUIREMENTS
198	198	REGARDING SONOGRAM BEFORE ABORTION. An abortion facility shall
199	199	comply with Subchapter C, Chapter 171.
200	200	SECTION 5. Subchapter B, Chapter 164, Occupations Code, is
201	201	amended by adding Section 164.0551 to read as follows:
202	202	Sec. 164.0551. COMPLIANCE WITH CERTAIN REQUIREMENTS
203	203	REGARDING SONOGRAM BEFORE ABORTION. A physician shall comply with
204	204	Subchapter C, Chapter 171, Health and Safety Code.
205	205	SECTION 6. The change in law made by this Act applies only
206	206	to an abortion performed on or after the 60th day after the
207	207	effective date of this Act. An abortion performed before the 60th
208	208	day after the effective date of this Act is governed by the law in
209	209	effect on the date the abortion was performed, and the former law is
210	210	continued in effect for that purpose.
211	211	SECTION 7. The Department of State Health Services shall
212	212	compile the list required by Section 171.052, Health and Safety
213	213	Code, as added by this Act, not later than the 60th day after the
214	214	effective date of this Act.
215	215	SECTION 8. If any provision of this Act or its application
216	216	to any person or circumstance is held invalid, the invalidity does
217	217	not affect other provisions or applications of this Act that can be
218	218	given effect without the invalid provision or application, and to
219	219	this end the provisions of this Act are severable.
220	220	SECTION 9. This Act takes effect immediately if it receives
221	221	a vote of two-thirds of all the members elected to each house, as
222	222	provided by Section 39, Article III, Texas Constitution. If this
223	223	Act does not receive the vote necessary for immediate effect, this
224	224	Act takes effect September 1, 2011.