82R6720 YDB-D
By: Watson S.B. No. 585
A BILL TO BE ENTITLED
AN ACT
relating to programs, services, and information related to women's
health, family planning, and human sexuality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEMONSTRATION PROJECT FOR WOMEN'S HEALTH CARE
SERVICES. Sections 32.0248(a) and (i), Human Resources Code, are
amended to read as follows:
(a) The department shall establish a seven-year [five-year]
demonstration project through the medical assistance program to
expand access to preventive health and family planning services for
women. A woman eligible under Subsection (b) to participate in the
demonstration project may receive appropriate preventive health
and family planning services, including:
(1) medical history recording and evaluation;
(2) physical examinations;
(3) health screenings, including screening for:
(A) diabetes;
(B) cervical cancer;
(C) breast cancer;
(D) sexually transmitted diseases;
(E) hypertension;
(F) cholesterol; and
(G) tuberculosis;
(4) counseling and education on contraceptive methods
emphasizing the health benefits of abstinence from sexual activity
to recipients who are not married, except for counseling and
education regarding emergency contraception;
(5) provision of contraceptives, except for the
provision of emergency contraception;
(6) risk assessment; and
(7) referral of medical problems to appropriate
providers that are entities or organizations that do not perform or
promote elective abortions or contract or affiliate with entities
that perform or promote elective abortions.
(i) This section expires December 31, 2013 [September 1,
2011].
SECTION 2. OUTREACH. Subchapter B, Chapter 531,
Government Code, is amended by adding Section 531.095 to read as
follows:
Sec. 531.095. IMPLEMENTATION OF MEASURES TO ACHIEVE
CASELOAD AND COST-SAVINGS ESTIMATES. (a) To attain the state and
federal cost-savings and reduced rates of unintended pregnancies
estimated in the waiver application, or any renewal waiver
application, submitted to the Centers for Medicare and Medicaid
Services for implementation of the demonstration project for
women's health care services authorized under Section 32.0248,
Human Resources Code, the commission shall implement effective
education, outreach, and other measures designed to increase
participation in the demonstration project and through the
increased participation achieve the caseload and cost-savings
estimates stated in the waiver application.
(b) The commission, in complying with Subsection (a), may
not take any action to decrease the level of programs and services
designed to reduce the number of unintended pregnancies and lower
the rates of sexually transmitted diseases to below the level of
programs and services provided on September 1, 2011.
(c) This section expires December 31, 2013.
SECTION 3. HUMAN SEXUALITY INSTRUCTION. Section 28.004,
Education Code, is amended by amending Subsections (e) and (i) and
adding Subsection (n) to read as follows:
(e) Any course materials and instruction relating to human
sexuality, sexually transmitted diseases, or human
immunodeficiency virus or acquired immune deficiency syndrome
shall be selected by the board of trustees with the advice of the
local school health advisory council and must:
(1) be evidence-based;
(2) present abstinence from sexual activity as the
preferred choice of behavior in relationship to all sexual activity
for unmarried persons of school age;
(3) [(2)] devote more attention to abstinence from
sexual activity than to any other behavior;
(4) [(3)] emphasize that abstinence from sexual
activity, if used consistently and correctly, is the only method
that is 100 percent effective in preventing pregnancy, sexually
transmitted diseases, infection with human immunodeficiency virus,
[or] acquired immune deficiency syndrome, and the emotional trauma
associated with adolescent sexual activity;
(5) [(4)] direct adolescents to a standard of behavior
in which abstinence from sexual activity before marriage is the
most effective way to prevent pregnancy, sexually transmitted
diseases, [and] infection with human immunodeficiency virus, and
[or] acquired immune deficiency syndrome; and
(6) [(5)] teach contraception and condom use in terms
of human use reality rates instead of theoretical laboratory rates,
if instruction on contraception and condoms is included in
curriculum content.
(i) Before each school year, a school district shall provide
written notice to a parent of each student enrolled in the district
of the board of trustees' decision regarding whether the district
will provide human sexuality instruction to district students. If
instruction will be provided, the notice must include:
(1) a summary of the basic content of the district's
human sexuality instruction to be provided to the student,
including a statement informing the parent that the instruction is
required by [of the instructional requirements under] state law to:
(A) present abstinence from sexual activity as
the preferred choice of behavior in relationship to all sexual
activity for unmarried persons of school age; and
(B) devote more attention to abstinence from
sexual activity than to any other behavior;
(2) a statement of whether the instruction is
considered by the district to be abstinence-only instruction or
comprehensive instruction, including an explanation of the
difference between those types of instruction and a specific
statement regarding whether the student will receive information on
contraception and condom use;
(3) [(2)] a statement of the parent's right to:
(A) review curriculum materials as provided by
Subsection (j); and
(B) remove the student from any part of the
district's human sexuality instruction without subjecting the
student to any disciplinary action, academic penalty, or other
sanction imposed by the district or the student's school; and
(4) [(3)] information describing the opportunities
for parental involvement in the development of the curriculum to be
used in human sexuality instruction, including information
regarding the local school health advisory council established
under Subsection (a).
(n) In this section:
(1) "Abstinence-only instruction" means instruction
that does not include information about preventing pregnancy,
sexually transmitted diseases, infection with human
immunodeficiency virus, or acquired immune deficiency syndrome
through any means other than total abstinence from sexual activity.
(2) "Evidence-based" means information verified or
supported by research that is:
(A) conducted in compliance with accepted
scientific methods;
(B) published in peer-reviewed journals, if
appropriate;
(C) recognized as medically accurate, objective,
and complete by mainstream professional organizations and agencies
with expertise in the relevant field, including the federal Centers
for Disease Control and Prevention and the United States Department
of Health and Human Services; and
(D) proven through rigorous, scientific
evaluation to achieve positive outcomes on measures of sexual risk
behavior or its health consequences.
SECTION 4. WAIVER. If before implementing any provision of
this Act a state agency determines that a waiver or authorization
from a federal agency is necessary for implementation of that
provision, the agency affected by the provision shall request the
waiver or authorization and may delay implementing that provision
until the waiver or authorization is granted.
SECTION 5. EFFECTIVE DATE. This Act takes effect September
1, 2011.