83S20090 SCL-D
By: Rodriguez, et al. S.B. No. 34
A BILL TO BE ENTITLED
AN ACT
relating to informed consent to an abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.002, Health and Safety Code, is
amended to read as follows:
Sec. 171.002. DEFINITION [DEFINITIONS]. In this chapter,
"abortion"[:
[(1) "Abortion"] means the use of any means to
terminate the pregnancy of a female known by the attending
physician to be pregnant with the intention that the termination of
the pregnancy by those means will, with reasonable likelihood,
cause the death of the fetus.
[(2) "Abortion provider" means a facility where an
abortion is performed, including the office of a physician and a
facility licensed under Chapter 245.
[(3) "Medical emergency" means a life-threatening
physical condition aggravated by, caused by, or arising from a
pregnancy 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.
[(4) "Sonogram" means the use of ultrasonic waves for
diagnostic or therapeutic purposes, specifically to monitor an
unborn child.]
SECTION 2. Sections 171.012(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) Except in the case of a medical emergency, consent
[Consent] to an abortion is voluntary and informed only if:
(1) the physician who is to perform the abortion or the
referring physician informs the [pregnant] woman on whom the
abortion is to be performed of:
(A) the [physician's] name of the physician who
will perform the abortion;
(B) the particular medical risks associated with
the particular abortion procedure to be employed, including, when
medically accurate:
(i) the risks of infection and hemorrhage;
(ii) the potential danger to a subsequent
pregnancy and of infertility; and
(iii) the possibility of increased risk of
breast cancer following an induced abortion and the natural
protective effect of a completed pregnancy in avoiding breast
cancer;
(C) the probable gestational age of the unborn
child at the time the abortion is to be performed; and
(D) the medical risks associated with carrying
the child to term;
(2) the physician who is to perform the abortion or the
physician's agent informs the [pregnant] woman that:
(A) medical assistance benefits may be available
for prenatal care, childbirth, and neonatal care;
(B) the father is liable for assistance in the
support of the child without regard to whether the father has
offered to pay for the abortion; [and]
(C) public and private agencies provide
pregnancy prevention counseling and medical referrals for
obtaining pregnancy prevention medications or devices, including
emergency contraception for victims of rape or incest; and
(D) the woman has the right to review [(3) the
physician who is to perform the abortion or the physician's agent:
[(A) provides the pregnant woman with] the
printed materials described by Section 171.014,[; and
[(B) informs the pregnant woman] that those
materials[:
[(i)] have been provided by the Department
of State Health Services and[;
[(ii)] are accessible on an Internet
website sponsored by the department, and that the materials[;
[(iii)] describe the unborn child and list
agencies that offer alternatives to abortion[; and
[(iv) include a list of agencies that offer
sonogram services at no cost to the pregnant woman;
[(4) before any sedative or anesthesia is administered
to the pregnant woman and at least 24 hours before the abortion or
at least two hours before the abortion if the pregnant woman waives
this requirement by certifying that she currently lives 100 miles
or more from the nearest abortion provider that is a facility
licensed under Chapter 245 or a facility that performs more than 50
abortions in any 12-month period:
[(A) the physician who is to perform the abortion
or an agent of the physician who is also a sonographer certified by
a national registry of medical sonographers performs a sonogram on
the pregnant woman on whom the abortion is to be performed;
[(B) the physician who is to perform the abortion
displays the sonogram images in a quality consistent with current
medical practice in a manner that the pregnant woman may view them;
[(C) the physician who is to perform the abortion
provides, in a manner understandable to a layperson, a verbal
explanation of the results of the sonogram images, including a
medical description of the dimensions of the embryo or fetus, the
presence of cardiac activity, and the presence of external members
and internal organs; and
[(D) the physician who is to perform the abortion
or an agent of the physician who is also a sonographer certified by
a national registry of medical sonographers makes audible the heart
auscultation for the pregnant woman to hear, if present, in a
quality consistent with current medical practice and provides, in a
manner understandable to a layperson, a simultaneous verbal
explanation of the heart auscultation];
(3) the woman certifies in writing [(5) before
receiving a sonogram under Subdivision (4)(A) and] before the
abortion is performed that the information described by
Subdivisions (1) and (2) has been provided to her and that she has
been informed of her opportunity to review the information
described by Section 171.014 [and before any sedative or anesthesia
is administered, the pregnant woman completes and certifies with
her signature an election form that states as follows:
["ABORTION AND SONOGRAM ELECTION
[(1) THE INFORMATION AND PRINTED MATERIALS
DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
ME.
[(2) I UNDERSTAND THE NATURE AND
CONSEQUENCES OF AN ABORTION.
[(3) TEXAS LAW REQUIRES THAT I RECEIVE A
SONOGRAM PRIOR TO RECEIVING AN ABORTION.
[(4) I UNDERSTAND THAT I HAVE THE OPTION TO
VIEW THE SONOGRAM IMAGES.
[(5) I UNDERSTAND THAT I HAVE THE OPTION TO
HEAR THE HEARTBEAT.
[(6) I UNDERSTAND THAT I AM REQUIRED BY LAW
TO HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
[___ I AM PREGNANT AS A RESULT OF A SEXUAL
ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
[___ I AM A MINOR AND OBTAINING AN ABORTION
IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
CHAPTER 33, TEXAS FAMILY CODE.
[___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
FILE.
[(7) I AM MAKING THIS ELECTION OF MY OWN
FREE WILL AND WITHOUT COERCION.
[(8) FOR A WOMAN WHO LIVES 100 MILES OR
MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A
FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY THAT
PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD
ONLY:
[I CERTIFY THAT, BECAUSE I CURRENTLY LIVE
100 MILES OR MORE FROM THE NEAREST ABORTION PROVIDER
THAT IS A FACILITY LICENSED UNDER CHAPTER 245 OR A
FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY
12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24
HOURS AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING
THE ABORTION PROCEDURE. MY PLACE OF RESIDENCE
IS:__________.
____________________ ____________________
SIGNATURE DATE"]; and
(4) [(6)] before the abortion is performed, the
physician who is to perform the abortion receives a copy of the
[signed,] written certification required by Subdivision (3) [(5);
and
[(7) the pregnant woman is provided the name of each
person who provides or explains the information required under this
subsection].
(b) The information required to be provided under
Subsections (a)(1) and (2) [may not be provided by audio or video
recording and] must be provided [at least 24 hours before the
abortion is to be performed]:
(1) orally by telephone or [and] in person [in a
private and confidential setting if the pregnant woman currently
lives less than 100 miles from the nearest abortion provider that is
a facility licensed under Chapter 245 or a facility that performs
more than 50 abortions in any 12-month period]; and [or]
(2) at least 24 hours before the abortion is to be
performed [orally by telephone or in person in a private and
confidential setting if the pregnant woman certifies that the woman
currently lives 100 miles or more from the nearest abortion
provider that is a facility licensed under Chapter 245 or a facility
that performs more than 50 abortions in any 12-month period].
(c) When providing the information under Subsection
(a)(2)(D) [(a)(3)], the physician or the physician's agent must
provide the [pregnant] woman with the address of the Internet
website on which the printed materials described by Section 171.014
may be viewed as required by Section 171.014(e).
SECTION 3. Section 171.013(a), Health and Safety Code, is
amended to read as follows:
(a) If the woman chooses to view the materials described by
Section 171.014, the [The] physician or the physician's agent shall
furnish copies of the materials [described by Section 171.014] to
her [the pregnant woman] at least 24 hours before the abortion is to
be performed [and shall direct the pregnant woman to the Internet
website required to be published under Section 171.014(e)]. A
[The] physician or the physician's agent may furnish the materials
to the [pregnant] woman by mail if the materials are mailed,
restricted delivery to addressee, at least 72 hours before the
abortion is to be performed.
SECTION 4. Section 171.015, Health and Safety Code, is
amended to read as follows:
Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
AGENCIES. The informational materials must include either:
(1) geographically indexed materials designed to
inform the [pregnant] woman of public and private agencies and
services that:
(A) are available to assist a woman through
pregnancy, childbirth, and the child's dependency, including:
(i) a comprehensive list of adoption
agencies;
(ii) a description of the services the
adoption agencies offer; and
(iii) a description of the manner,
including telephone numbers, in which an adoption agency may be
contacted[; and
[(iv) a comprehensive list of agencies and
organizations that offer sonogram services at no cost to the
pregnant woman];
(B) do not provide abortions or abortion-related
services or make referrals to abortion providers; and
(C) are not affiliated with organizations that
provide abortions or abortion-related services or make referrals to
abortion providers; or [and]
(2) a toll-free, 24-hour telephone number that may be
called to obtain an oral list and description of agencies described
by Subdivision (1) that are located near the caller and of the
services the agencies offer.
SECTION 5. Section 245.006(a), Health and Safety Code, is
amended to read as follows:
(a) The department may [shall] inspect an abortion facility
at [random, unannounced, and] reasonable times as necessary to
ensure compliance with this chapter [and Subchapter B, Chapter
171].
SECTION 6. Section 164.055(a), Occupations Code, is amended
to read as follows:
(a) The board may [shall] take an appropriate disciplinary
action against a physician who violates Section 170.002 [or Chapter
171], Health and Safety Code. The board may [shall] refuse to
admit to examination or refuse to issue a license or renewal license
to a person who violates that section [or chapter].
SECTION 7. The following laws are repealed:
(1) Sections 171.012(a-1), 171.0121, 171.0122,
171.0123, 171.0124, 243.017, and 245.024, Health and Safety Code;
(2) Section 241.007, Health and Safety Code, as added
by Chapter 73 (H.B. 15), Acts of the 82nd Legislature, Regular
Session, 2011; and
(3) Section 164.0551, Occupations Code.
SECTION 8. 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 on the 91st day after the last day of the
legislative session.