Texas 2019 - 86th Regular

Texas House Bill HB4463 Compare Versions

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

Old	New	Differences
1	1	By: King of Parker H.B. No. 4463
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to required counseling before an abortion is performed.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 171.012(a), Health and Safety Code, is
9	9	amended to read as follows:
10	10	(a) Consent to an abortion is voluntary and informed only
11	11	if:
12	12	(1) the physician who is to perform the abortion
13	13	informs the pregnant woman on whom the abortion is to be performed
14	14	of:
15	15	(A) the physician's name;
16	16	(B) the particular medical risks associated with
17	17	the particular abortion procedure to be employed, including, when
18	18	medically accurate:
19	19	(i) the risks of infection and hemorrhage;
20	20	(ii) the potential danger to a subsequent
21	21	pregnancy and of infertility; and
22	22	(iii) the possibility of increased risk of
23	23	breast cancer following an induced abortion and the natural
24	24	protective effect of a completed pregnancy in avoiding breast
25	25	cancer;
26	26	(C) the probable gestational age of the unborn
27	27	child at the time the abortion is to be performed; and
28	28	(D) the medical risks associated with carrying
29	29	the child to term;
30	30	(2) the physician who is to perform the abortion or the
31	31	physician's agent informs the pregnant woman that:
32	32	(A) medical assistance benefits may be available
33	33	for prenatal care, childbirth, and neonatal care;
34	34	(B) the father is liable for assistance in the
35	35	support of the child without regard to whether the father has
36	36	offered to pay for the abortion; and
37	37	(C) public and private agencies provide
38	38	pregnancy prevention counseling and medical referrals for
39	39	obtaining pregnancy prevention medications or devices, including
40	40	emergency contraception for victims of rape or incest;
41	41	(3) the physician who is to perform the abortion or the
42	42	physician's agent:
43	43	(A) provides the pregnant woman with the printed
44	44	materials described by Section 171.014; and
45	45	(B) informs the pregnant woman that those
46	46	materials:
47	47	(i) have been provided by the commission
48	48	[Department of State Health Services];
49	49	(ii) are accessible on an Internet website
50	50	sponsored by the commission [department];
51	51	(iii) describe the unborn child and list
52	52	agencies that offer alternatives to abortion; and
53	53	(iv) include a list of agencies that offer
54	54	sonogram services at no cost to the pregnant woman;
55	55	(4) before any sedative or anesthesia is administered
56	56	to the pregnant woman and at least 24 hours before the abortion or
57	57	at least two hours before the abortion if the pregnant woman waives
58	58	this requirement by certifying that she currently lives 100 miles
59	59	or more from the nearest abortion provider that is a facility
60	60	licensed under Chapter 245 or a facility that performs more than 50
61	61	abortions in any 12-month period:
62	62	(A) the physician who is to perform the abortion
63	63	or an agent of the physician who is also a sonographer certified by
64	64	a national registry of medical sonographers performs a sonogram on
65	65	the pregnant woman on whom the abortion is to be performed;
66	66	(B) the physician who is to perform the abortion
67	67	displays the sonogram images in a quality consistent with current
68	68	medical practice in a manner that the pregnant woman may view them;
69	69	(C) the physician who is to perform the abortion
70	70	provides, in a manner understandable to a layperson, a verbal
71	71	explanation of the results of the sonogram images, including a
72	72	medical description of the dimensions of the embryo or fetus, the
73	73	presence of cardiac activity, and the presence of external members
74	74	and internal organs; and
75	75	(D) the physician who is to perform the abortion
76	76	or an agent of the physician who is also a sonographer certified by
77	77	a national registry of medical sonographers makes audible the heart
78	78	auscultation for the pregnant woman to hear, if present, in a
79	79	quality consistent with current medical practice and provides, in a
80	80	manner understandable to a layperson, a simultaneous verbal
81	81	explanation of the heart auscultation;
82	82	(5) before receiving a sonogram under Subdivision
83	83	(4)(A) and before the abortion is performed and before any sedative
84	84	or anesthesia is administered, the pregnant woman completes and
85	85	certifies with her signature an election form that states as
86	86	follows:
87	87	"ABORTION AND SONOGRAM ELECTION
88	88	(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY
89	89	SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN
90	90	PROVIDED AND EXPLAINED TO ME.
91	91	(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN
92	92	ABORTION.
93	93	(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR
94	94	TO RECEIVING AN ABORTION.
95	95	(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE
96	96	SONOGRAM IMAGES.
97	97	(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE
98	98	HEARTBEAT.
99	99	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN
100	100	EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO
101	101	ONE OF THE FOLLOWING:
102	102	___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT, INCEST, OR
103	103	OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN REPORTED TO
104	104	LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
105	105	REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK OF RETALIATION
106	106	RESULTING IN SERIOUS BODILY INJURY.
107	107	___ I AM A MINOR AND OBTAINING AN ABORTION IN ACCORDANCE WITH
108	108	JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS FAMILY CODE.
109	109	___ MY FETUS HAS AN IRREVERSIBLE MEDICAL CONDITION OR
110	110	ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC PROCEDURES AND
111	111	DOCUMENTED IN MY MEDICAL FILE.
112	112	(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND
113	113	WITHOUT COERCION.
114	114	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE
115	115	NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER
116	116	245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE
117	117	THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
118	118	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR MORE
119	119	FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED
120	120	UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY CODE, OR A FACILITY THAT
121	121	PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE THE
122	122	REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS PERFORMED BEFORE
123	123	RECEIVING THE ABORTION PROCEDURE. MY PLACE OF RESIDENCE
124	124	IS:__________.
125	125	______________________________
126	126	SIGNATURE DATE";
127	127	(6) before the abortion is performed, the physician
128	128	who is to perform the abortion receives a copy of the signed,
129	129	written certification required by Subdivision (5); [and]
130	130	(7) the pregnant woman is provided the name of each
131	131	person who provides or explains the information required under this
132	132	subsection; and
133	133	(8) except during a medical emergency and before the
134	134	abortion is performed, the physician certifies using a unique
135	135	identifying number, devoid of personally identifying information
136	136	of the pregnant woman, that:
137	137	(A) the pregnant woman received pre-abortion
138	138	counseling at no cost to the pregnant woman from a counselor who:
139	139	(i) meets the qualifications established by
140	140	commission rule;
141	141	(ii) is not employed by, contracted with,
142	142	or has a pecuniary interest in a facility licensed under Chapter
143	143	245, Health Safety Code;
144	144	(iii) is authorized under a contract with
145	145	the commission to provide counseling services in accordance with
146	146	this subdivision; and
147	147	(B) the counselor provided the pregnant woman in
148	148	accordance with commission rules:
149	149	(i) medically accurate information using
150	150	the informational materials described by Section 171.014;
151	151	(ii) an assessment of and offer of
152	152	assistance in obtaining support services other than abortion that
153	153	the pregnant woman may need or be eligible for, including housing,
154	154	employment, resume development, child care, medical care, adoption
155	155	services, and health benefit plan coverage;
156	156	(iii) education on available state and
157	157	local resources to address the pregnant woman's socioeconomic
158	158	needs;
159	159	(iv) screening for domestic violence,
160	160	coercion of abortion, or human trafficking; and
161	161	(C) the counselor certified using a unique
162	162	identifying number, devoid of personally identifying information
163	163	of the pregnant woman, that the pregnant woman completed the
164	164	counseling.
165	165	(D) the counselor reported to the commission
166	166	de-identified demographic information to assist the commission in
167	167	determining the supply and demand of social services in the
168	168	pregnant woman's geographic region.
169	169	SECTION 2. Section 171.0121, Health and Safety Code, is
170	170	amended to read as follows:
171	171	Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion
172	172	begins, a copy of the signed, written certification received by the
173	173	physician under Section 171.012(a)(6) and documentation of the
174	174	completed counseling required under Section 171.012(a)(8) must be
175	175	placed in the pregnant woman's medical records.
176	176	(b) A copy of the signed, written certification required
177	177	under Sections 171.012(a)(5) and (6), and documentation of the
178	178	completed counseling required under Section 171.012(a)(8) shall be
179	179	retained by the facility where the abortion is performed until:
180	180	(1) the seventh anniversary of the date it is signed;
181	181	or
182	182	(2) if the pregnant woman is a minor, the later of:
183	183	(A) the seventh anniversary of the date it is
184	184	signed; or
185	185	(B) the woman's 21st birthday.
186	186	SECTION 3. (a) Notwithstanding Sections 171.012 and
187	187	171.0121, Health and Safety Code, as amended by this Act, a
188	188	physician is not required to comply with the changes in law made by
189	189	this Act before March 1, 2020.
190	190	(b) Not later than December 1, 2020, the executive
191	191	commissioner of the Health and Human Services Commission shall
192	192	adopt rules as necessary to implement this Act.
193	193	(c) Not later than March 1, 2020, the Health and Human
194	194	Services Commission shall contract with one or more counseling
195	195	providers throughout the state to provide the services described by
196	196	Section 171.012, Health and Safety Code, as amended by this Act.
197	197	SECTION 4. The changes in law made by this Act apply only to
198	198	an abortion performed on or after March 1, 2020. An abortion
199	199	performed before March 1, 2020, is governed by the law applicable to
200	200	the abortion immediately before the effective date of this Act, and
201	201	that law is continued in effect for that purpose.
202	202	Section 5. It is the intent of the legislature that every
203	203	provision, section, subsection, sentence, clause, phrase, or word
204	204	in this Act, and every application of the provisions in this Act to
205	205	each person or entity, are severable from each other. If any
206	206	application of any provision in this Act to any person, group of
207	207	persons, or circumstances is found by a court to be invalid for any
208	208	reason, the remaining applications of that provision to all other
209	209	persons and circumstances shall be severed and may not be affected.
210	210	SECTION 6. This Act takes effect September 1, 2019.