85R1679 SCL-D
By: Huffines S.B. No. 258
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of an unborn child's remains after an
abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 171.002, Health and Safety Code, is
amended by adding Subdivision (2-a) to read as follows:
(2-a) "Indigent" means an individual who earns not
more than 155 percent of the income standard established by
applicable federal poverty guidelines.
SECTION 2. 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;
(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) the physician who is to perform the abortion or the
physician's agent:
(A) provides the pregnant woman with a
disposition of remains form described by Section 171.0161; and
(B) informs the pregnant woman that the form:
(i) is provided by the Department of State
Health Services;
(ii) is accessible on the department's
Internet website;
(iii) describes the options for the
disposition of the unborn child's remains and the pregnant woman's
possible responsibility for the costs incurred in the selected
disposition;
(iv) includes a section that allows the
pregnant woman to authorize the physician or physician's agent to
release the pregnant woman's contact information to a nonprofit
organization that has registered with the department to pay the
costs of the selected disposition for pregnant women who are
indigent; and
(v) must be completed by the pregnant woman
and received by the physician before the abortion is performed;
(5) 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;
(6) [(5)] before receiving a sonogram under
Subdivision (5)(A) [(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)-(4)
[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";
(7) [(6)] before the abortion is performed, the
physician who is to perform the abortion receives:
(A) a copy of the completed disposition of
remains form required by Subdivision (4); and
(B) a copy of the signed, written certification
required by Subdivision (6) [(5)]; and
(8) [(7)] the pregnant woman is provided the name of
each person who provides or explains the information required under
this subsection.
SECTION 3. Section 171.0121, Health and Safety Code, is
amended to read as follows:
Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion
begins, a copy of both the completed disposition of remains form
required under Section 171.012(a)(4) and the signed, written
certification received by the physician under Section
171.012(a)(7) [171.012(a)(6)] must be placed in the pregnant
woman's medical records.
(b) A copy of the signed, written certification required
under Sections 171.012(a)(6) [171.012(a)(5)] and (7) [(6)] shall be
retained by the facility where the abortion is performed until:
(1) the seventh anniversary of the date it is signed;
or
(2) if the pregnant woman is a minor, the later of:
(A) the seventh anniversary of the date it is
signed; or
(B) the woman's 21st birthday.
SECTION 4. Sections 171.0122(b), (c), and (d), Health and
Safety Code, are amended to read as follows:
(b) A pregnant woman may choose not to view the sonogram
images required to be provided to and reviewed with the pregnant
woman under Section 171.012(a)(5) [171.012(a)(4)].
(c) A pregnant woman may choose not to hear the heart
auscultation required to be provided to and reviewed with the
pregnant woman under Section 171.012(a)(5) [171.012(a)(4)].
(d) A pregnant woman may choose not to receive the verbal
explanation of the results of the sonogram images under Section
171.012(a)(5)(C) [171.012(a)(4)(C)] if:
(1) the woman's 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;
(2) the woman is a minor and obtaining an abortion in
accordance with judicial bypass procedures under Chapter 33, Family
Code; or
(3) the fetus has an irreversible medical condition or
abnormality, as previously identified by reliable diagnostic
procedures and documented in the woman's medical file.
SECTION 5. The heading to Section 171.013, Health and
Safety Code, is amended to read as follows:
Sec. 171.013. DISTRIBUTION OF STATE MATERIALS AND FORM.
SECTION 6. Section 171.013(a), Health and Safety Code, is
amended to read as follows:
(a) The physician or the physician's agent shall furnish
copies of the materials described by Section 171.014 and the form
described by Section 171.0161 to 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). The physician or the physician's agent
may furnish the materials and form to the pregnant woman by mail if
the materials and form are mailed, restricted delivery to
addressee, at least 72 hours before the abortion is to be performed.
SECTION 7. Subchapter B, Chapter 171, Health and Safety
Code, is amended by adding Section 171.0161 to read as follows:
Sec. 171.0161. DISPOSITION OF UNBORN CHILD'S REMAINS: FORM;
NONPROFIT ORGANIZATION ASSISTANCE REGISTRY; RULES. (a) A pregnant
woman may decide to inter or cremate the remains of an unborn child
who is aborted.
(b) The department shall develop and maintain a form for a
pregnant woman to select the method of disposition of the unborn
child's remains.
(c) The form must include:
(1) burial and cremation as methods of disposition of
the unborn child's remains;
(2) a statement that if the pregnant woman selects
burial or cremation of the unborn child's remains, the pregnant
woman may be responsible for the burial or cremation costs;
(3) a space for a pregnant woman who is indigent to
choose to provide her contact information and to authorize the
physician or the physician's agent to release the woman's contact
information to a private nonprofit organization that has registered
with the department to provide financial assistance for the burial
or cremation costs;
(4) a statement that the pregnant woman may elect to
have the abortion provider dispose of the unborn child's remains in
accordance with department rules; and
(5) a statement that the pregnant woman may privately
dispose of the unborn child's remains in a manner that complies with
department rules but may be held financially responsible for the
abortion provider's costs of preparing the remains for transport.
(d) The form must be:
(1) in English and Spanish;
(2) easily comprehensible; and
(3) in a typeface large enough to be clearly legible.
(e) The department shall post the form on the department's
Internet website.
(f) The department shall:
(1) establish and maintain a registry of private
nonprofit organizations that register with the department to
provide financial assistance for the costs associated with burial
or cremation of an unborn child's remains for indigent pregnant
women; and
(2) make the registry information available on request
to a physician, physician's agent, or pregnant woman.
(g) The executive commissioner shall adopt rules to
implement this section.
SECTION 8. (a) The changes in law made by this Act apply
only to an abortion performed on or after January 1, 2018. An
abortion performed before that date 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.
(b) Not later than December 1, 2017:
(1) the executive commissioner of the Health and Human
Services Commission shall adopt the rules required to implement
this Act; and
(2) the Department of State Health Services shall
adopt the forms and procedures necessary to implement this Act.
SECTION 9. This Act takes effect September 1, 2017.