82R10054 NAJ-D
By: Miller of Erath, Callegari, Harless, H.B. No. 15
Kolkhorst, Patrick, et al.
Substitute the following for H.B. No. 15:
By: Harless C.S.H.B. No. 15
A BILL TO BE ENTITLED
AN ACT
relating to providing a sonogram before an abortion; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 171, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. PERFORMANCE OF SONOGRAM BEFORE ABORTION
Sec. 171.051. DEFINITIONS. In this subchapter:
(1) "Abortion provider" means a facility where an
abortion is performed, including the office of a physician and a
facility licensed under Chapter 241, 243, or 245.
(2) "Medical emergency" means a life-threatening
physical condition caused by or arising from a pregnancy itself
that, as certified by a physician, places the woman in danger of
death or a serious risk of substantial impairment of a major bodily
function unless an abortion is performed.
(3) "Sonogram" means the use of ultrasonic waves for
diagnostic or therapeutic purposes, specifically to monitor an
unborn child.
Sec. 171.052. INFORMATION REGARDING SONOGRAM PROVIDERS.
(a) Not more than 72 hours and not less than 24 hours before an
abortion begins, the physician who is to perform the abortion
shall:
(1) provide the pregnant woman on whom the abortion is
to be performed with the informational materials described by
Section 171.014;
(2) inform the pregnant woman on whom the abortion is
to be performed that the materials required by Section 171.014:
(A) are provided by the Department of State
Health Services;
(B) are accessible on an Internet website
sponsored by the department;
(C) describe the unborn child; and
(D) list agencies that offer alternatives to
abortion; and
(3) provide the pregnant woman on whom the abortion is
to be performed with a comprehensive list of health care providers,
facilities, and clinics that offer obstetric sonogram services at
no cost to the pregnant woman and that do not:
(A) perform abortions or provide
abortion-related services;
(B) make referrals to any abortion provider; or
(C) affiliate or contract with any entity that
performs abortions, provides abortion-related services, or makes
referrals to any abortion provider.
(b) The department shall compile the list described by
Subsection (a)(3) and shall make the list available at no cost. The
department shall provide appropriate quantities of the list to an
abortion provider and to any other person. The list must include
the name, address, hours of operation, and telephone number for
each health care provider, facility, and clinic that satisfies the
requirements of Subsection (a)(3) and be:
(1) arranged by county;
(2) printed in a typeface large enough to be clearly
legible; and
(3) published in English and Spanish.
(c) The department is not required to republish the list
described by Subsection (a)(3) because of a change in information
described by Subsection (b) unless five percent or more of the
information contained in the list changes.
Sec. 171.053. PERFORMANCE OF SONOGRAM. (a) Not more than
72 hours and not less than 24 hours before the abortion begins and
before any sedative or anesthesia is administered to the pregnant
woman, the physician who is to perform the abortion or a sonographer
certified by a national registry of medical sonographers shall:
(1) perform a live, real-time obstetric sonogram on
the pregnant woman on whom the abortion is to be performed;
(2) display the live, real-time obstetric sonogram
images in a quality consistent with current medical practice in a
manner that the pregnant woman may view them;
(3) provide, in a manner understandable to a
layperson, a simultaneous verbal explanation of the results of the
live, real-time sonogram images, including a medical description of
the dimensions of the embryo or fetus, the presence of cardiac
activity, and the presence of arms, legs, external members, and
internal organs; and
(4) make audible the live, real-time heart
auscultation, when present, for the pregnant woman to hear, in a
quality consistent with current medical practice, and provide, in a
manner understandable to a layperson, a simultaneous verbal
explanation of the live, real-time heart auscultation.
(b) During a visit made to a facility to fulfill the
requirements of Subsection (a), the facility and any person at the
facility may not accept any form of payment, deposit, or exchange or
make any financial agreement for an abortion or abortion-related
services other than for payment of a service required by Subsection
(a). The amount charged for a service required by Subsection (a)
may not exceed the reimbursement rate established for the service
by the Health and Human Services Commission for statewide medical
reimbursement programs.
Sec. 171.054. CERTIFICATION OF SONOGRAM. (a) After the
live, real-time sonogram and the live, real-time heart auscultation
required under Section 171.053 and before any sedative or
anesthesia is administered to the pregnant woman and before the
abortion begins, the pregnant woman on whom the abortion is to be
performed shall certify by her signature that not more than 72 hours
and not less than 24 hours before the abortion begins:
(1) she was provided with a live, real-time sonogram
as required under Section 171.053;
(2) she had the opportunity to view the live,
real-time sonogram images as required under Section 171.053;
(3) she was provided, in a manner understandable to a
layperson, a simultaneous verbal explanation of the results of the
sonogram images as required under Section 171.053; and
(4) she heard the live, real-time heart auscultation,
when present, as required under Section 171.053.
(b) The department shall prepare the form to be used to make
the certification required under Subsection (a). The form must
include a space for the pregnant woman's signature and space for the
woman to sign her initials beside each of the following statements:
(1) "Not more than 72 hours and not less than 24 hours
before my abortion is to begin and at the facility where my abortion
is to be performed, the doctor who is performing an abortion on me
or a sonographer certified by a national registry of medical
sonographers performed a sonogram on me and displayed the live,
real-time sonogram images so that I could view them.";
(2) "The doctor who is performing an abortion on me or
a sonographer certified by a national registry of medical
sonographers has given me, in an understandable manner, a
simultaneous verbal explanation of the results of the live,
real-time sonogram images, including a medical description of the
dimensions of the embryo or fetus, the presence of cardiac
activity, and the presence of arms, legs, external members, and
internal organs."; and
(3) "The doctor performing an abortion on me or a
sonographer certified by a national registry of medical
sonographers has made audible the live, real-time heart activity,
when present, for me to hear. The doctor or sonographer has also
provided, in an understandable manner, a simultaneous verbal
explanation of the live, real-time heart activity."
(c) Before the abortion begins, a copy of the form required
under this section must be:
(1) given to the physician who is to perform the
abortion; and
(2) placed in the pregnant woman's medical records.
(d) A copy of the form required under this section shall be
retained by the abortion provider until:
(1) the seventh anniversary of the date it is signed;
or
(2) if the pregnant woman is a minor, the later of:
(A) the seventh anniversary of the date it is
signed; or
(B) the woman's 21st birthday.
Sec. 171.055. RECEIVING INFORMATION DURING SONOGRAM. The
physician and the pregnant woman are not subject to a penalty under
this subchapter solely because the pregnant woman chooses not to
receive the information required to be provided under Section
171.053.
Sec. 171.056. EXCEPTION FOR MEDICAL EMERGENCY. (a) A
physician may perform an abortion without providing the sonogram
required under Section 171.053 only in a medical emergency. A
physician who performs an abortion in a medical emergency shall:
(1) include in the patient's medical records a
statement signed by the physician certifying the nature of the
medical emergency; and
(2) not later than the seventh day after the date the
abortion is performed, certify to the Department of State Health
Services the specific medical condition that constituted the
emergency.
(b) The statement required under Subsection (a)(1) shall be
placed in the patient's medical records and shall be kept by the
abortion provider until:
(1) the seventh anniversary of the date the abortion
is performed; or
(2) if the pregnant woman is a minor, the later of:
(A) the seventh anniversary of the date the
abortion is performed; or
(B) the woman's 21st birthday.
Sec. 171.057. VIOLATION. (a) A physician who performs an
abortion in violation of this subchapter engages in unprofessional
conduct for which the physician's license shall be revoked under
Chapter 164, Occupations Code.
(b) The department, in accordance with the procedures
established under Chapter 241, 243, or 245, as applicable, shall
revoke the license of an abortion provider that violates this
subchapter.
SECTION 2. Subchapter A, Chapter 241, Health and Safety
Code, is amended by adding Section 241.007 to read as follows:
Sec. 241.007. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING SONOGRAM BEFORE ABORTION. A hospital shall comply with
Subchapter C, Chapter 171.
SECTION 3. Subchapter A, Chapter 243, Health and Safety
Code, is amended by adding Section 243.017 to read as follows:
Sec. 243.017. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING SONOGRAM BEFORE ABORTION. An ambulatory surgical center
shall comply with Subchapter C, Chapter 171.
SECTION 4. Chapter 245, Health and Safety Code, is amended
by adding Section 245.024 to read as follows:
Sec. 245.024. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING SONOGRAM BEFORE ABORTION. An abortion facility shall
comply with Subchapter C, Chapter 171.
SECTION 5. Subchapter B, Chapter 164, Occupations Code, is
amended by adding Section 164.0551 to read as follows:
Sec. 164.0551. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING SONOGRAM BEFORE ABORTION. A physician shall comply with
Subchapter C, Chapter 171, Health and Safety Code.
SECTION 6. The change in law made by this Act applies only
to an abortion performed on or after the 60th day after the
effective date of this Act. An abortion performed before the 60th
day after the effective date of this Act is governed by the law in
effect on the date the abortion was performed, and the former law is
continued in effect for that purpose.
SECTION 7. The Department of State Health Services shall
compile the list required by Section 171.052, Health and Safety
Code, as added by this Act, not later than the 60th day after the
effective date of this Act.
SECTION 8. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are severable.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.