Texas 2019 - 86th Regular

Texas Senate Bill SB2145 Compare Versions

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

Old	New	Differences
1	1	2019S0391-1 03/07/19
2	2	By: Hall S.B. No. 2145
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sonogram requirements for a pregnant woman seeking an
8	8	abortion.
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];
43	43	(3) the physician who is to perform the abortion or the
44	44	physician's agent:
45	45	(A) provides the pregnant woman with the
46	46	printed materials described by Section 171.014; and
47	47	(B) informs the pregnant woman that those
48	48	materials:
49	49	(i) have been provided by the Department of
50	50	State Health Services;
51	51	(ii) are accessible on an Internet website
52	52	sponsored by the department;
53	53	(iii) describe the unborn child and list
54	54	agencies that offer alternatives to abortion; and
55	55	(iv) include a list of agencies that offer
56	56	sonogram services at no cost to the pregnant woman;
57	57	(4) before any sedative or anesthesia is administered
58	58	to the pregnant woman and at least 24 hours before the abortion or
59	59	at least two hours before the abortion if the pregnant woman waives
60	60	this requirement by certifying that she currently lives 100 miles
61	61	or more from the nearest abortion provider that is a facility
62	62	licensed under Chapter 245 or a facility that performs more than 50
63	63	abortions in any 12-month period:
64	64	(A) the physician who is to perform the abortion
65	65	or an agent of the physician who is also a sonographer certified by
66	66	a national registry of medical sonographers performs a sonogram on
67	67	the pregnant woman on whom the abortion is to be performed;
68	68	(B) the physician who is to perform the abortion
69	69	displays the sonogram images in a quality consistent with current
70	70	medical practice in a manner that the pregnant woman may view them;
71	71	(C) the physician who is to perform the abortion
72	72	provides, in a manner understandable to a layperson, a verbal
73	73	explanation of the results of the sonogram images, including a
74	74	medical description of the dimensions of the embryo or fetus, the
75	75	presence of cardiac activity, and the presence of external members
76	76	and internal organs; and
77	77	(D) the physician who is to perform the abortion
78	78	or an agent of the physician who is also a sonographer certified by
79	79	a national registry of medical sonographers makes audible the heart
80	80	auscultation for the pregnant woman to hear, if present, in a
81	81	quality consistent with current medical practice and provides, in a
82	82	manner understandable to a layperson, a simultaneous verbal
83	83	explanation of the heart auscultation;
84	84	(5) before receiving a sonogram under Subdivision
85	85	(4)(A) and before the abortion is performed and before any sedative
86	86	or anesthesia is administered, the pregnant woman completes and
87	87	certifies with her signature an election form that states as
88	88	follows:
89	89	"ABORTION AND SONOGRAM ELECTION
90	90	(1) THE INFORMATION AND PRINTED MATERIALS
91	91	DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
92	92	AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
93	93	ME.
94	94	(2) I UNDERSTAND THE NATURE AND
95	95	CONSEQUENCES OF AN ABORTION.
96	96	(3) TEXAS LAW REQUIRES THAT I RECEIVE A
97	97	SONOGRAM PRIOR TO RECEIVING AN ABORTION.
98	98	(4) I UNDERSTAND THAT I HAVE THE OPTION TO
99	99	VIEW THE SONOGRAM IMAGES.
100	100	(5) I UNDERSTAND THAT I HAVE THE OPTION TO
101	101	HEAR THE HEARTBEAT.
102	102	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW
103	103	TO HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
104	104	CERTIFY IN WRITING THAT [TO ONE OF THE FOLLOWING]:
105	105	___ I AM PREGNANT AS A RESULT OF A SEXUAL
106	106	ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
107	107	CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
108	108	AUTHORITIES [OR THAT HAS NOT BEEN REPORTED BECAUSE I
109	109	REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
110	110	OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
111	111	[___ I AM A MINOR AND OBTAINING AN ABORTION
112	112	IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
113	113	CHAPTER 33, TEXAS FAMILY CODE.
114	114	[___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
115	115	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
116	116	DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
117	117	FILE].
118	118	(7) I AM MAKING THIS ELECTION OF MY OWN
119	119	FREE WILL AND WITHOUT COERCION.
120	120	[(8) FOR A WOMAN WHO LIVES 100 MILES OR
121	121	MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A
122	122	FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY THAT
123	123	PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD
124	124	ONLY:
125	125	[I CERTIFY THAT, BECAUSE I CURRENTLY LIVE
126	126	100 MILES OR MORE FROM THE NEAREST ABORTION PROVIDER
127	127	THAT IS A FACILITY LICENSED UNDER CHAPTER 245 OR A
128	128	FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY
129	129	12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24
130	130	HOURS AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING
131	131	THE ABORTION PROCEDURE. MY PLACE OF RESIDENCE
132	132	IS:__________.]
133	133	________________________________________
134	134	SIGNATURE DATE";
135	135	(6) before the abortion is performed, the physician
136	136	who is to perform the abortion receives a copy of the signed,
137	137	written certification required by Subdivision (5); and
138	138	(7) the pregnant woman is provided the name of each
139	139	person who provides or explains the information required under this
140	140	subsection.
141	141	SECTION 2. Section 171.0122(d), Health and Safety Code, is
142	142	amended to read as follows:
143	143	(d) A pregnant woman may choose not to receive the verbal
144	144	explanation of the results of the sonogram images under Section
145	145	171.012(a)(4)(C) if[:
146	146	[(1)] the woman's pregnancy is a result of a sexual
147	147	assault, incest, or other violation of the Penal Code that has been
148	148	reported to law enforcement authorities [or that has not been
149	149	reported because she has a reason that she declines to reveal
150	150	because she reasonably believes that to do so would put her at risk
151	151	of retaliation resulting in serious bodily injury;
152	152	[(2) the woman is a minor and obtaining an abortion in
153	153	accordance with judicial bypass procedures under Chapter 33, Family
154	154	Code; or
155	155	[(3) the fetus has an irreversible medical condition
156	156	or abnormality, as previously identified by reliable diagnostic
157	157	procedures and documented in the woman's medical file].
158	158	SECTION 3. The change in law made by this Act applies only
159	159	to an abortion performed on or after the effective date of this Act.
160	160	An abortion performed before the effective date of this Act is
161	161	governed by the law in effect on the date the abortion was
162	162	performed, and that law continues in effect for that purpose.
163	163	SECTION 4. This Act takes effect September 1, 2019.