Texas 2011 - 82nd Regular

Texas Senate Bill SB16 Compare Versions

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1	1	By: Patrick, et al. S.B. No. 16
2	2	(In the Senate - Filed January 14, 2011; January 31, 2011,
3	3	read first time and referred to Committee on State Affairs;
4	4	February 14, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 2;
6	6	February 14, 2011, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 16 By: Deuell
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to informed consent to an abortion.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 171.002, Health and Safety Code, is
15	15	amended to read as follows:
16	16	Sec. 171.002. DEFINITIONS [DEFINITION]. In this chapter:
17	17	(1) "Abortion"[, "abortion"] means the use of any
18	18	means to terminate the pregnancy of a female known by the attending
19	19	physician to be pregnant with the intention that the termination of
20	20	the pregnancy by those means will, with reasonable likelihood,
21	21	cause the death of the fetus.
22	22	(2) "Medical emergency" means a condition exists that,
23	23	in a physician's good faith clinical judgment, complicates the
24	24	medical condition of the pregnant woman and necessitates the
25	25	immediate abortion of her pregnancy to avert her death or to avoid a
26	26	serious risk of substantial impairment of a major bodily function.
27	27	SECTION 2. Subsections (a), (b), and (c), Section 171.012,
28	28	Health and Safety Code, are amended to read as follows:
29	29	(a) Consent [Except in the case of a medical emergency,
30	30	consent] to an abortion is voluntary and informed only if:
31	31	(1) the physician who is to perform the abortion [or
32	32	the referring physician] informs the pregnant woman on whom the
33	33	abortion is to be performed of:
34	34	(A) the physician's name [of the physician who
35	35	will perform the abortion];
36	36	(B) the particular medical risks associated with
37	37	the particular abortion procedure to be employed, including, when
38	38	medically accurate:
39	39	(i) the risks of infection and hemorrhage;
40	40	(ii) the potential danger to a subsequent
41	41	pregnancy and of infertility; and
42	42	(iii) the possibility of increased risk of
43	43	breast cancer following an induced abortion and the natural
44	44	protective effect of a completed pregnancy in avoiding breast
45	45	cancer;
46	46	(C) the probable gestational age of the unborn
47	47	child at the time the abortion is to be performed; and
48	48	(D) the medical risks associated with carrying
49	49	the child to term;
50	50	(2) the physician who is to perform the abortion or the
51	51	physician's agent informs the pregnant woman that:
52	52	(A) medical assistance benefits may be available
53	53	for prenatal care, childbirth, and neonatal care;
54	54	(B) the father is liable for assistance in the
55	55	support of the child without regard to whether the father has
56	56	offered to pay for the abortion; and
57	57	(C) public and private agencies provide
58	58	pregnancy prevention counseling and medical referrals for
59	59	obtaining pregnancy prevention medications or devices, including
60	60	emergency contraception for victims of rape or incest; [and]
61	61	(3) the physician who is to perform the abortion or the
62	62	physician's agent:
63	63	(A) provides [(D)] the pregnant woman with [has
64	64	the right to review] the printed materials described by Section
65	65	171.014; and
66	66	(B) informs the pregnant woman[,] that those
67	67	materials:
68	68	(i) have been provided by the [Texas]
69	69	Department of State Health Services;
70	70	(ii) [and] are accessible on an Internet
71	71	website sponsored by the department;
72	72	(iii) [, and that the materials] describe
73	73	the unborn child and list agencies that offer alternatives to
74	74	abortion; and
75	75	(iv) include a list of agencies that offer
76	76	sonogram services at no cost to the pregnant woman;
77	77	(4) at least 24 hours before the abortion:
78	78	(A) the physician who is to perform the abortion
79	79	or an agent of the physician who is also a sonographer certified by
80	80	a national registry of medical sonographers performs a sonogram on
81	81	the pregnant woman on whom the abortion is to be performed;
82	82	(B) the physician who is to perform the abortion
83	83	displays the sonogram images in a quality consistent with current
84	84	medical practice in a manner that the pregnant woman may view them;
85	85	(C) the physician who is to perform the abortion
86	86	provides, in a manner understandable to a layperson, a verbal
87	87	explanation of the results of the sonogram images, including a
88	88	medical description of the dimensions of the embryo or fetus, the
89	89	presence of cardiac activity, and the presence of external members
90	90	and internal organs; and
91	91	(D) makes audible the heart auscultation for the
92	92	pregnant woman to hear, if present, in a quality consistent with
93	93	current medical practice and provides, in a manner understandable
94	94	to a layperson, a simultaneous verbal explanation of the heart
95	95	auscultation;
96	96	(5) [(3)] the pregnant woman certifies in a signed,
97	97	written statement [writing] before the abortion is performed that:
98	98	(A) the information and the printed materials
99	99	described by Subdivisions (1), [and] (2), and (3) have [has] been
100	100	provided and explained to her [and that she has been informed of her
101	101	opportunity to review the information described by Section
102	102	171.014];
103	103	(B) she has been provided with and has had the
104	104	opportunity to review the sonogram images and hear the heart
105	105	auscultation required by Subdivision (4); and
106	106	(C) she understands the nature and consequences
107	107	of an abortion;
108	108	(6) [(4)] before the abortion is performed, the
109	109	physician who is to perform the abortion receives a copy of the
110	110	signed, written certification required by Subdivision (5); and
111	111	(7) the pregnant woman is provided the name of each
112	112	person who provides or explains the information required under this
113	113	subsection [(3)].
114	114	(b) The information required to be provided under
115	115	Subsections (a)(1) and (2) may not be provided by audio or video
116	116	recording and must be provided:
117	117	(1) orally and [by telephone or] in person; and
118	118	(2) at least 24 hours before the abortion is to be
119	119	performed.
120	120	(c) When providing the information under Subsection (a)(3)
121	121	[(a)(2)(D)], the physician or the physician's agent must provide
122	122	the pregnant woman with the address of the Internet website on which
123	123	the printed materials described by Section 171.014 may be viewed as
124	124	required by Section 171.014(e).
125	125	SECTION 3. Subchapter B, Chapter 171, Health and Safety
126	126	Code, is amended by adding Sections 171.0121 and 171.0122 to read as
127	127	follows:
128	128	Sec. 171.0121. VIEWING PRINTED MATERIALS AND SONOGRAM
129	129	IMAGE; HEARING HEART AUSCULTATION OR VERBAL EXPLANATION. (a) A
130	130	pregnant woman may choose not to view the printed materials
131	131	provided under Section 171.012(a)(3) after she has been provided
132	132	the materials.
133	133	(b) A pregnant woman may choose not to view the sonogram
134	134	images required to be provided to and reviewed with the pregnant
135	135	woman under Section 171.012(a)(4).
136	136	(c) A pregnant woman may choose not to hear the heart
137	137	auscultation required to be provided to and reviewed with the
138	138	pregnant woman under Section 171.012(a)(4).
139	139	(d) A pregnant woman may choose not to receive the verbal
140	140	explanation of the results of the sonogram images under Section
141	141	171.012(a)(4)(C) if:
142	142	(1) the woman's pregnancy is a result of a sexual
143	143	assault, as defined by Section 22.011, Penal Code, that has been
144	144	reported to law enforcement authorities;
145	145	(2) the woman's pregnancy is a result of incest; or
146	146	(3) the fetus has an irreversible medical condition or
147	147	abnormality, as previously identified by reliable diagnostic
148	148	procedures and documented in the woman's medical file.
149	149	(e) The physician and the pregnant woman are not subject to
150	150	a penalty under this chapter solely because the pregnant woman
151	151	chooses not to view the printed materials or the sonogram images,
152	152	hear the heart auscultation, or receive the verbal explanation, as
153	153	described by this section.
154	154	Sec. 171.0122. EXCEPTION FOR MEDICAL EMERGENCY. A
155	155	physician may perform an abortion without obtaining informed
156	156	consent under this subchapter in a medical emergency. A physician
157	157	who performs an abortion in a medical emergency shall:
158	158	(1) include in the patient's medical records a
159	159	statement signed by the physician certifying the nature of the
160	160	medical emergency; and
161	161	(2) not later than the 30th day after the date the
162	162	abortion is performed, certify to the Department of State Health
163	163	Services the specific medical condition that constituted the
164	164	emergency.
165	165	SECTION 4. Subsection (a), Section 171.013, Health and
166	166	Safety Code, is amended to read as follows:
167	167	(a) The [If the woman chooses to view the materials
168	168	described by Section 171.014, the] physician or the physician's
169	169	agent shall furnish copies of the materials described by Section
170	170	171.014 to the pregnant woman [her] at least 24 hours before the
171	171	abortion is to be performed and shall direct the pregnant woman to
172	172	the Internet website required to be published under Section
173	173	171.014(e). The [A] physician or the physician's agent may furnish
174	174	the materials to the pregnant woman by mail if the materials are
175	175	mailed, restricted delivery to addressee, at least 72 hours before
176	176	the abortion is to be performed.
177	177	SECTION 5. Section 171.015, Health and Safety Code, is
178	178	amended to read as follows:
179	179	Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
180	180	AGENCIES. The informational materials must include [either]:
181	181	(1) geographically indexed materials designed to
182	182	inform the pregnant woman of public and private agencies and
183	183	services that:
184	184	(A) are available to assist a woman through
185	185	pregnancy, childbirth, and the child's dependency, including:
186	186	(i) a comprehensive list of adoption
187	187	agencies;
188	188	(ii) a description of the services the
189	189	adoption agencies offer; [and]
190	190	(iii) a description of the manner,
191	191	including telephone numbers, in which an adoption agency may be
192	192	contacted; and
193	193	(iv) a comprehensive list of agencies and
194	194	organizations that offer sonogram services at no cost to the
195	195	pregnant woman;
196	196	(B) do not provide abortions or abortion-related
197	197	services or make referrals to abortion providers; and
198	198	(C) are not affiliated with organizations that
199	199	provide abortions or abortion-related services or make referrals to
200	200	abortion providers; and [or]
201	201	(2) a toll-free, 24-hour telephone number that may be
202	202	called to obtain an oral list and description of agencies described
203	203	by Subdivision (1) that are located near the caller and of the
204	204	services the agencies offer.
205	205	SECTION 6. Subsection (a), Section 164.055, Occupations
206	206	Code, is amended to read as follows:
207	207	(a) The board may take an appropriate disciplinary action
208	208	against a physician who violates Section 170.002 or Chapter 171,
209	209	Health and Safety Code. The board may refuse to admit to
210	210	examination or refuse to issue a license or renewal license to a
211	211	person who violates that section or chapter.
212	212	SECTION 7. The purposes of this Act include, but are not
213	213	limited to:
214	214	(1) protecting the physical and psychological health
215	215	and well-being of pregnant women;
216	216	(2) providing pregnant women access to information
217	217	that would allow her to consider the impact an abortion would have
218	218	on her unborn child; and
219	219	(3) protecting the integrity and ethical standards of
220	220	the medical profession.
221	221	SECTION 8. This Act takes effect immediately if it receives
222	222	a vote of two-thirds of all the members elected to each house, as
223	223	provided by Section 39, Article III, Texas Constitution. If this
224	224	Act does not receive the vote necessary for immediate effect, this
225	225	Act takes effect September 1, 2011.
226	226	* * * * *