84R4293 LED-D
By: Lucio S.B. No. 1869
A BILL TO BE ENTITLED
AN ACT
relating to resource awareness sessions for women seeking
abortions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.012(a), Health and Safety Code, is
amended to read as follows:
(a) Consent to an abortion is voluntary and informed only
if:
(1) the physician who is to perform the abortion
informs the pregnant woman on whom the abortion is to be performed
of:
(A) the physician's name;
(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 Health and Human Services Commission
offers, at no cost, a resource awareness session that provides
information regarding:
(i) a pregnant woman's option to place her
child for adoption;
(ii) a woman's health before and during
pregnancy; and
(iii) available resources for pregnant
women and their children, including:
(a) the federal special supplemental
nutrition program for women, infants, and children authorized by 42
U.S.C. Section 1786;
(b) the supplemental nutrition
assistance program under Chapter 33, Human Resources Code; and
(c) information on selection of a
physician;
(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;
(ii) are accessible on an Internet website
sponsored by the department;
(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;
(5) before receiving a sonogram under Subdivision
(4)(A) and before the abortion is performed 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";
(6) before the abortion is performed, the pregnant
woman completes the resource awareness session and obtains the
certificate of completion required by Subchapter E in the time
authorized under Subchapter E or signs the affidavit described by
Section 171.102;
(7) before the abortion is performed, the physician
who is to perform the abortion receives a copy of:
(A) the signed, written certification required
by Subdivision (5); and
(B) the certificate of completion or affidavit
required by Subdivision (6); and
(8) [(7)] the pregnant woman is provided the name of
each person who provides or explains the information required under
this subsection.
SECTION 2. Section 171.014(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall publish informational materials
that include:
(1) the information required to be provided under
Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), [and] (C),
and (D); and
(2) the materials required by Sections 171.015 and
171.016.
SECTION 3. Chapter 171, Health and Safety Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. RESOURCE AWARENESS SESSION
Sec. 171.101. RESOURCE AWARENESS SESSION. (a) The Health
and Human Services Commission, in consultation with the Department
of State Health Services and the Department of Family and
Protective Services, shall:
(1) develop a resource awareness session of at least
one hour and not more than three hours that provides information
regarding:
(A) a pregnant woman's option to place her child
for adoption;
(B) a woman's health before and during pregnancy;
and
(C) available resources for pregnant women and
their children, including:
(i) the federal special supplemental
nutrition program for women, infants, and children authorized by 42
U.S.C. Section 1786;
(ii) the supplemental nutrition assistance
program under Chapter 33, Human Resources Code; and
(iii) information on selection of a
physician;
(2) make the session available at no cost to any person
who wishes to take the session on the commission's Internet website
in English, Spanish, and any other language the executive
commissioner of the Health and Human Services Commission determines
appropriate;
(3) work with the Texas Pregnancy Care Network and
other nonprofit organizations that the executive commissioner of
the Health and Human Services Commission determines appropriate to
make the session available at no cost in person to any person who
wishes to take the session in person; and
(4) provide a dated certificate of completion to each
person who completes the session.
(b) Except as provided by Section 171.103, a pregnant woman
may not obtain an abortion unless the woman:
(1) completes the resource awareness session
described by Subsection (a) not more than 30 days and not less than
24 hours before the abortion is performed or induced and submits the
certificate of completion to the physician performing or inducing
the abortion; or
(2) submits the affidavit described by Section 171.102
to the physician performing or inducing the abortion.
(c) Except as provided by Section 171.103, a physician may
not perform or induce an abortion on a pregnant woman without first
receiving from the woman:
(1) a certificate of completion described by
Subsection (a)(4) for a resource awareness session completed by the
woman in the time authorized under Subsection (b)(1); or
(2) an affidavit described by Section 171.102.
(d) The executive commissioner of the Health and Human
Services Commission, in consultation with the Department of State
Health Services and the Department of Family and Protective
Services, shall adopt the rules necessary to implement this
subchapter, including rules to provide pregnant minors with access
to the resource awareness session.
Sec. 171.102. AFFIDAVIT IN LIEU OF CERTIFICATE OF
COMPLETION. (a) A pregnant woman is not required to complete the
resource awareness session described by Section 171.101 to obtain
an abortion if the abortion is to be performed:
(1) on a minor whose pregnancy is a result of a sexual
assault, incest, or other violation of the Penal Code that has been
reported to law enforcement authorities or that has not been
reported because she has a reason that she declines to reveal
because she reasonably believes that to do so would put her at risk
of retaliation resulting in serious bodily injury; or
(2) with the intent to:
(A) save the life or preserve the health of an
unborn child;
(B) remove a dead, unborn child whose death was
caused by spontaneous abortion;
(C) remove an ectopic pregnancy; or
(D) treat a maternal disease or illness for which
a prescribed drug, medicine, or other substance is indicated.
(b) To obtain an abortion, a pregnant woman who is not
required to complete the resource awareness session as provided by
Subsection (a) must complete and certify with her signature an
affidavit stating she is not required to complete the resource
awareness session for a reason listed in Subsection (a).
Sec. 171.103. APPLICABILITY. This subchapter does not
apply to an abortion performed in a medical emergency, as defined by
Section 171.002.
SECTION 4. (a) The executive commissioner of the Health and
Human Services Commission shall adopt the rules required by
Subchapter E, Chapter 171, Health and Safety Code, as added by this
Act, not later than January 1, 2016.
(b) The Health and Human Services Commission shall make the
resource awareness session described by Subchapter E, Chapter 171,
Health and Safety Code, as added by this Act, available not later
than June 1, 2016.
SECTION 5. The change in law made by this Act applies only
to an abortion performed or induced on or after July 1, 2016. An
abortion performed or induced before July 1, 2016, is governed by
the law in effect immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 6. 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, 2015.