Texas 2015 - 84th Regular

Texas House Bill HB708 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4170 JSC-D
2	2	By: Farrar H.B. No. 708
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the medical accuracy of informational materials given
8	8	to a woman seeking an abortion.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 171.002(4), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(4) "Sonogram" means the use of ultrasonic waves for
13	13	diagnostic or therapeutic purposes, specifically to monitor an
14	14	embryo or fetus [unborn child].
15	15	SECTION 2. Section 171.012(a), Health and Safety Code, is
16	16	amended to read as follows:
17	17	(a) Consent to an abortion is voluntary and informed only
18	18	if:
19	19	(1) the physician who is to perform the abortion
20	20	informs the pregnant woman on whom the abortion is to be performed
21	21	of:
22	22	(A) the physician's name;
23	23	(B) the particular medical risks associated with
24	24	the particular abortion procedure to be employed, including, when
25	25	medically accurate:
26	26	(i) the risks of infection and hemorrhage;
27	27	and
28	28	(ii) the potential danger to a subsequent
29	29	pregnancy and of infertility; [and
30	30	[(iii) the possibility of increased risk of
31	31	breast cancer following an induced abortion and the natural
32	32	protective effect of a completed pregnancy in avoiding breast
33	33	cancer;]
34	34	(C) the probable gestational age of the embryo or
35	35	fetus [unborn child] at the time the abortion is to be performed;
36	36	and
37	37	(D) the medical risks associated with carrying
38	38	the child to term;
39	39	(2) the physician who is to perform the abortion or the
40	40	physician's agent informs the pregnant woman that:
41	41	(A) medical assistance benefits may be available
42	42	for prenatal care, childbirth, and neonatal care;
43	43	(B) the father is liable for assistance in the
44	44	support of the child without regard to whether the father has
45	45	offered to pay for the abortion; and
46	46	(C) public and private agencies provide
47	47	pregnancy prevention counseling and medical referrals for
48	48	obtaining pregnancy prevention medications or devices, including
49	49	emergency contraception for victims of rape or incest;
50	50	(3) the physician who is to perform the abortion or the
51	51	physician's agent:
52	52	(A) provides the pregnant woman with the
53	53	printed materials described by Section 171.014; and
54	54	(B) informs the pregnant woman that those
55	55	materials:
56	56	(i) have been provided by the Department of
57	57	State Health Services;
58	58	(ii) are accessible on an Internet website
59	59	sponsored by the department;
60	60	(iii) describe the embryo or fetus [unborn
61	61	child] and list agencies that offer alternatives to abortion; and
62	62	(iv) include a list of agencies that offer
63	63	sonogram services at no cost to the pregnant woman;
64	64	(4) before any sedative or anesthesia is administered
65	65	to the pregnant woman and at least 24 hours before the abortion or
66	66	at least two hours before the abortion if the pregnant woman waives
67	67	this requirement by certifying that she currently lives 100 miles
68	68	or more from the nearest abortion provider that is a facility
69	69	licensed under Chapter 245 or a facility that performs more than 50
70	70	abortions in any 12-month period:
71	71	(A) the physician who is to perform the abortion
72	72	or an agent of the physician who is also a sonographer certified by
73	73	a national registry of medical sonographers performs a sonogram on
74	74	the pregnant woman on whom the abortion is to be performed;
75	75	(B) the physician who is to perform the abortion
76	76	displays the sonogram images in a quality consistent with current
77	77	medical practice in a manner that the pregnant woman may view them;
78	78	(C) the physician who is to perform the abortion
79	79	provides, in a manner understandable to a layperson, a verbal
80	80	explanation of the results of the sonogram images, including a
81	81	medical description of the dimensions of the embryo or fetus, the
82	82	presence of cardiac activity, and the presence of external members
83	83	and internal organs; and
84	84	(D) the physician who is to perform the abortion
85	85	or an agent of the physician who is also a sonographer certified by
86	86	a national registry of medical sonographers makes audible the heart
87	87	auscultation for the pregnant woman to hear, if present, in a
88	88	quality consistent with current medical practice and provides, in a
89	89	manner understandable to a layperson, a simultaneous verbal
90	90	explanation of the heart auscultation;
91	91	(5) before receiving a sonogram under Subdivision
92	92	(4)(A) and before the abortion is performed and before any sedative
93	93	or anesthesia is administered, the pregnant woman completes and
94	94	certifies with her signature an election form that states as
95	95	follows:
96	96	"ABORTION AND SONOGRAM ELECTION
97	97	(1) THE INFORMATION AND PRINTED MATERIALS
98	98	DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
99	99	AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
100	100	ME.
101	101	(2) I UNDERSTAND THE NATURE AND
102	102	CONSEQUENCES OF AN ABORTION.
103	103	(3) TEXAS LAW REQUIRES THAT I RECEIVE A
104	104	SONOGRAM PRIOR TO RECEIVING AN ABORTION.
105	105	(4) I UNDERSTAND THAT I HAVE THE OPTION TO
106	106	VIEW THE SONOGRAM IMAGES.
107	107	(5) I UNDERSTAND THAT I HAVE THE OPTION TO
108	108	HEAR THE HEARTBEAT.
109	109	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW
110	110	TO HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
111	111	CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
112	112	___ I AM PREGNANT AS A RESULT OF A SEXUAL
113	113	ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
114	114	CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
115	115	AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
116	116	REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
117	117	OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
118	118	___ I AM A MINOR AND OBTAINING AN ABORTION
119	119	IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
120	120	CHAPTER 33, TEXAS FAMILY CODE.
121	121	___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
122	122	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
123	123	DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
124	124	FILE.
125	125	(7) I AM MAKING THIS ELECTION OF MY OWN
126	126	FREE WILL AND WITHOUT COERCION.
127	127	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE
128	128	FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
129	129	LICENSED UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS
130	130	MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
131	131	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
132	132	MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
133	133	IS A FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY
134	134	THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH
135	135	PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS AFTER
136	136	THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE
137	137	ABORTION PROCEDURE. MY PLACE OF RESIDENCE
138	138	IS:__________.
139	139	____________________ ____________________
140	140	SIGNATURE DATE";
141	141	(6) before the abortion is performed, the physician
142	142	who is to perform the abortion receives a copy of the signed,
143	143	written certification required by Subdivision (5); and
144	144	(7) the pregnant woman is provided the name of each
145	145	person who provides or explains the information required under this
146	146	subsection.
147	147	SECTION 3. Section 171.014(f), Health and Safety Code, is
148	148	amended to read as follows:
149	149	(f) In addition to any other organization or entity, the
150	150	department shall use the American College of Obstetricians and
151	151	Gynecologists as the resource in developing information required to
152	152	be provided under Sections 171.012(a)(1)(B) and (D), Sections
153	153	171.012(a)(2)(A), (B), and (C), and Section 171.016, and in
154	154	maintaining the department's Internet website. Information
155	155	described by this subsection must be verified and supported by
156	156	research that is recognized as medically accurate, objective, and
157	157	complete by the National Institutes of Health and affiliated
158	158	organizations.
159	159	SECTION 4. Section 171.015, Health and Safety Code, is
160	160	amended to read as follows:
161	161	Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
162	162	AGENCIES. The informational materials must include:
163	163	(1) geographically indexed materials designed to
164	164	inform the pregnant woman of public and private agencies and
165	165	services that:
166	166	(A) are available to assist a woman through
167	167	pregnancy, childbirth, and the child's dependency, including:
168	168	(i) a comprehensive list of adoption
169	169	agencies;
170	170	(ii) a description of the services the
171	171	adoption agencies offer;
172	172	(iii) a description of the manner,
173	173	including telephone numbers, in which an adoption agency may be
174	174	contacted; and
175	175	(iv) a comprehensive list of agencies and
176	176	organizations that offer sonogram services at no cost to the
177	177	pregnant woman; and
178	178	(B) are available to provide information and
179	179	services related to family planning [do not provide abortions or
180	180	abortion-related services or make referrals to abortion providers;
181	181	and
182	182	[(C) are not affiliated with organizations that
183	183	provide abortions or abortion-related services or make referrals to
184	184	abortion providers]; and
185	185	(2) a toll-free, 24-hour telephone number that may be
186	186	called to obtain an oral list and description of agencies described
187	187	by Subdivision (1) that are located near the caller and of the
188	188	services the agencies offer.
189	189	SECTION 5. Section 171.016, Health and Safety Code, is
190	190	amended to read as follows:
191	191	Sec. 171.016. INFORMATION RELATING TO CHARACTERISTICS OF
192	192	EMBRYO OR FETUS [UNBORN CHILD]. (a) The informational materials
193	193	must include materials designed to inform the woman of the probable
194	194	anatomical and physiological characteristics of the embryo or fetus
195	195	[unborn child] at two-week gestational increments from the time
196	196	when a woman can be known to be pregnant to full term, including any
197	197	relevant information on the possibility of the embryo's or fetus's
198	198	[unborn child's] survival.
199	199	(b) The materials must include color pictures representing
200	200	the development of the embryo or fetus [child] at two-week
201	201	gestational increments. The pictures must contain the dimensions
202	202	of the embryo or fetus [unborn child] and must be realistic.
203	203	(c) The materials provided under this section must be
204	204	objective and nonjudgmental and be designed to convey only accurate
205	205	scientific information about the embryo or fetus [unborn child] at
206	206	the various gestational ages. Information in the materials must be
207	207	verified and supported by research that is recognized as medically
208	208	accurate, objective, and complete by the National Institutes of
209	209	Health and affiliated organizations.
210	210	SECTION 6. (a) By not later than December 1, 2015, the
211	211	Department of State Health Services shall:
212	212	(1) revise the informational materials the department
213	213	is required to publish under Section 171.014, Health and Safety
214	214	Code, as amended by this Act; and
215	215	(2) make the materials available for distribution.
216	216	(b) The changes in law made by this Act apply only to the
217	217	information a physician is required to provide under Section
218	218	171.012, Health and Safety Code, as amended by this Act, on or after
219	219	January 1, 2016.
220	220	SECTION 7. This Act takes effect September 1, 2015.