Texas 2015 - 84th Regular

Texas Senate Bill SB1869 Compare Versions

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

Old	New	Differences
1	1	84R4293 LED-D
2	2	By: Lucio S.B. No. 1869
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to resource awareness sessions for women seeking
8	8	abortions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 171.012(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) Consent to an abortion is voluntary and informed only
13	13	if:
14	14	(1) the physician who is to perform the abortion
15	15	informs the pregnant woman on whom the abortion is to be performed
16	16	of:
17	17	(A) the physician's name;
18	18	(B) the particular medical risks associated with
19	19	the particular abortion procedure to be employed, including, when
20	20	medically accurate:
21	21	(i) the risks of infection and hemorrhage;
22	22	(ii) the potential danger to a subsequent
23	23	pregnancy and of infertility; and
24	24	(iii) the possibility of increased risk of
25	25	breast cancer following an induced abortion and the natural
26	26	protective effect of a completed pregnancy in avoiding breast
27	27	cancer;
28	28	(C) the probable gestational age of the unborn
29	29	child at the time the abortion is to be performed; and
30	30	(D) the medical risks associated with carrying
31	31	the child to term;
32	32	(2) the physician who is to perform the abortion or the
33	33	physician's agent informs the pregnant woman that:
34	34	(A) medical assistance benefits may be available
35	35	for prenatal care, childbirth, and neonatal care;
36	36	(B) the father is liable for assistance in the
37	37	support of the child without regard to whether the father has
38	38	offered to pay for the abortion; [and]
39	39	(C) public and private agencies provide
40	40	pregnancy prevention counseling and medical referrals for
41	41	obtaining pregnancy prevention medications or devices, including
42	42	emergency contraception for victims of rape or incest; and
43	43	(D) the Health and Human Services Commission
44	44	offers, at no cost, a resource awareness session that provides
45	45	information regarding:
46	46	(i) a pregnant woman's option to place her
47	47	child for adoption;
48	48	(ii) a woman's health before and during
49	49	pregnancy; and
50	50	(iii) available resources for pregnant
51	51	women and their children, including:
52	52	(a) the federal special supplemental
53	53	nutrition program for women, infants, and children authorized by 42
54	54	U.S.C. Section 1786;
55	55	(b) the supplemental nutrition
56	56	assistance program under Chapter 33, Human Resources Code; and
57	57	(c) information on selection of a
58	58	physician;
59	59	(3) the physician who is to perform the abortion or the
60	60	physician's agent:
61	61	(A) provides the pregnant woman with the
62	62	printed materials described by Section 171.014; and
63	63	(B) informs the pregnant woman that those
64	64	materials:
65	65	(i) have been provided by the Department of
66	66	State Health Services;
67	67	(ii) are accessible on an Internet website
68	68	sponsored by the department;
69	69	(iii) describe the unborn child and list
70	70	agencies that offer alternatives to abortion; and
71	71	(iv) include a list of agencies that offer
72	72	sonogram services at no cost to the pregnant woman;
73	73	(4) before any sedative or anesthesia is administered
74	74	to the pregnant woman and at least 24 hours before the abortion or
75	75	at least two hours before the abortion if the pregnant woman waives
76	76	this requirement by certifying that she currently lives 100 miles
77	77	or more from the nearest abortion provider that is a facility
78	78	licensed under Chapter 245 or a facility that performs more than 50
79	79	abortions in any 12-month period:
80	80	(A) the physician who is to perform the abortion
81	81	or an agent of the physician who is also a sonographer certified by
82	82	a national registry of medical sonographers performs a sonogram on
83	83	the pregnant woman on whom the abortion is to be performed;
84	84	(B) the physician who is to perform the abortion
85	85	displays the sonogram images in a quality consistent with current
86	86	medical practice in a manner that the pregnant woman may view them;
87	87	(C) the physician who is to perform the abortion
88	88	provides, in a manner understandable to a layperson, a verbal
89	89	explanation of the results of the sonogram images, including a
90	90	medical description of the dimensions of the embryo or fetus, the
91	91	presence of cardiac activity, and the presence of external members
92	92	and internal organs; and
93	93	(D) the physician who is to perform the abortion
94	94	or an agent of the physician who is also a sonographer certified by
95	95	a national registry of medical sonographers makes audible the heart
96	96	auscultation for the pregnant woman to hear, if present, in a
97	97	quality consistent with current medical practice and provides, in a
98	98	manner understandable to a layperson, a simultaneous verbal
99	99	explanation of the heart auscultation;
100	100	(5) before receiving a sonogram under Subdivision
101	101	(4)(A) and before the abortion is performed and before any sedative
102	102	or anesthesia is administered, the pregnant woman completes and
103	103	certifies with her signature an election form that states as
104	104	follows:
105	105	"ABORTION AND SONOGRAM ELECTION
106	106	(1) THE INFORMATION AND PRINTED MATERIALS
107	107	DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
108	108	AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
109	109	ME.
110	110	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF
111	111	AN ABORTION.
112	112	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM
113	113	PRIOR TO RECEIVING AN ABORTION.
114	114	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW
115	115	THE SONOGRAM IMAGES.
116	116	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR
117	117	THE HEARTBEAT.
118	118	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO
119	119	HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
120	120	CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
121	121	___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT,
122	122	INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT
123	123	HAS BEEN REPORTED TO LAW ENFORCEMENT AUTHORITIES OR
124	124	THAT HAS NOT BEEN REPORTED BECAUSE I REASONABLY
125	125	BELIEVE THAT DOING SO WOULD PUT ME AT RISK OF
126	126	RETALIATION RESULTING IN SERIOUS BODILY INJURY.
127	127	___ I AM A MINOR AND OBTAINING AN ABORTION IN
128	128	ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
129	129	CHAPTER 33, TEXAS FAMILY CODE.
130	130	___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
131	131	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
132	132	DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
133	133	FILE.
134	134	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL
135	135	AND WITHOUT COERCION.
136	136	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM
137	137	THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
138	138	LICENSED UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS
139	139	MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
140	140	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
141	141	MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
142	142	IS A FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY
143	143	THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH
144	144	PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS AFTER
145	145	THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE
146	146	ABORTION PROCEDURE. MY PLACE OF RESIDENCE
147	147	IS:__________.
148	148	___________________ _____________________
149	149	SIGNATURE DATE";
150	150	(6) before the abortion is performed, the pregnant
151	151	woman completes the resource awareness session and obtains the
152	152	certificate of completion required by Subchapter E in the time
153	153	authorized under Subchapter E or signs the affidavit described by
154	154	Section 171.102;
155	155	(7) before the abortion is performed, the physician
156	156	who is to perform the abortion receives a copy of:
157	157	(A) the signed, written certification required
158	158	by Subdivision (5); and
159	159	(B) the certificate of completion or affidavit
160	160	required by Subdivision (6); and
161	161	(8) [(7)] the pregnant woman is provided the name of
162	162	each person who provides or explains the information required under
163	163	this subsection.
164	164	SECTION 2. Section 171.014(a), Health and Safety Code, is
165	165	amended to read as follows:
166	166	(a) The department shall publish informational materials
167	167	that include:
168	168	(1) the information required to be provided under
169	169	Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), [and] (C),
170	170	and (D); and
171	171	(2) the materials required by Sections 171.015 and
172	172	171.016.
173	173	SECTION 3. Chapter 171, Health and Safety Code, is amended
174	174	by adding Subchapter E to read as follows:
175	175	SUBCHAPTER E. RESOURCE AWARENESS SESSION
176	176	Sec. 171.101. RESOURCE AWARENESS SESSION. (a) The Health
177	177	and Human Services Commission, in consultation with the Department
178	178	of State Health Services and the Department of Family and
179	179	Protective Services, shall:
180	180	(1) develop a resource awareness session of at least
181	181	one hour and not more than three hours that provides information
182	182	regarding:
183	183	(A) a pregnant woman's option to place her child
184	184	for adoption;
185	185	(B) a woman's health before and during pregnancy;
186	186	and
187	187	(C) available resources for pregnant women and
188	188	their children, including:
189	189	(i) the federal special supplemental
190	190	nutrition program for women, infants, and children authorized by 42
191	191	U.S.C. Section 1786;
192	192	(ii) the supplemental nutrition assistance
193	193	program under Chapter 33, Human Resources Code; and
194	194	(iii) information on selection of a
195	195	physician;
196	196	(2) make the session available at no cost to any person
197	197	who wishes to take the session on the commission's Internet website
198	198	in English, Spanish, and any other language the executive
199	199	commissioner of the Health and Human Services Commission determines
200	200	appropriate;
201	201	(3) work with the Texas Pregnancy Care Network and
202	202	other nonprofit organizations that the executive commissioner of
203	203	the Health and Human Services Commission determines appropriate to
204	204	make the session available at no cost in person to any person who
205	205	wishes to take the session in person; and
206	206	(4) provide a dated certificate of completion to each
207	207	person who completes the session.
208	208	(b) Except as provided by Section 171.103, a pregnant woman
209	209	may not obtain an abortion unless the woman:
210	210	(1) completes the resource awareness session
211	211	described by Subsection (a) not more than 30 days and not less than
212	212	24 hours before the abortion is performed or induced and submits the
213	213	certificate of completion to the physician performing or inducing
214	214	the abortion; or
215	215	(2) submits the affidavit described by Section 171.102
216	216	to the physician performing or inducing the abortion.
217	217	(c) Except as provided by Section 171.103, a physician may
218	218	not perform or induce an abortion on a pregnant woman without first
219	219	receiving from the woman:
220	220	(1) a certificate of completion described by
221	221	Subsection (a)(4) for a resource awareness session completed by the
222	222	woman in the time authorized under Subsection (b)(1); or
223	223	(2) an affidavit described by Section 171.102.
224	224	(d) The executive commissioner of the Health and Human
225	225	Services Commission, in consultation with the Department of State
226	226	Health Services and the Department of Family and Protective
227	227	Services, shall adopt the rules necessary to implement this
228	228	subchapter, including rules to provide pregnant minors with access
229	229	to the resource awareness session.
230	230	Sec. 171.102. AFFIDAVIT IN LIEU OF CERTIFICATE OF
231	231	COMPLETION. (a) A pregnant woman is not required to complete the
232	232	resource awareness session described by Section 171.101 to obtain
233	233	an abortion if the abortion is to be performed:
234	234	(1) on a minor whose pregnancy is a result of a sexual
235	235	assault, incest, or other violation of the Penal Code that has been
236	236	reported to law enforcement authorities or that has not been
237	237	reported because she has a reason that she declines to reveal
238	238	because she reasonably believes that to do so would put her at risk
239	239	of retaliation resulting in serious bodily injury; or
240	240	(2) with the intent to:
241	241	(A) save the life or preserve the health of an
242	242	unborn child;
243	243	(B) remove a dead, unborn child whose death was
244	244	caused by spontaneous abortion;
245	245	(C) remove an ectopic pregnancy; or
246	246	(D) treat a maternal disease or illness for which
247	247	a prescribed drug, medicine, or other substance is indicated.
248	248	(b) To obtain an abortion, a pregnant woman who is not
249	249	required to complete the resource awareness session as provided by
250	250	Subsection (a) must complete and certify with her signature an
251	251	affidavit stating she is not required to complete the resource
252	252	awareness session for a reason listed in Subsection (a).
253	253	Sec. 171.103. APPLICABILITY. This subchapter does not
254	254	apply to an abortion performed in a medical emergency, as defined by
255	255	Section 171.002.
256	256	SECTION 4. (a) The executive commissioner of the Health and
257	257	Human Services Commission shall adopt the rules required by
258	258	Subchapter E, Chapter 171, Health and Safety Code, as added by this
259	259	Act, not later than January 1, 2016.
260	260	(b) The Health and Human Services Commission shall make the
261	261	resource awareness session described by Subchapter E, Chapter 171,
262	262	Health and Safety Code, as added by this Act, available not later
263	263	than June 1, 2016.
264	264	SECTION 5. The change in law made by this Act applies only
265	265	to an abortion performed or induced on or after July 1, 2016. An
266	266	abortion performed or induced before July 1, 2016, is governed by
267	267	the law in effect immediately before the effective date of this Act,
268	268	and that law is continued in effect for that purpose.
269	269	SECTION 6. This Act takes effect immediately if it receives
270	270	a vote of two-thirds of all the members elected to each house, as
271	271	provided by Section 39, Article III, Texas Constitution. If this
272	272	Act does not receive the vote necessary for immediate effect, this
273	273	Act takes effect September 1, 2015.