Texas 2021 - 87th Regular

Texas House Bill HB2635 Compare Versions

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

Old	New	Differences
1	1	87R2450 SCL-D
2	2	By: Goodwin H.B. No. 2635
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the medical accuracy of informational materials given
8	8	to a woman seeking an abortion.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 171.002(4), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(4) "Sonogram" means the use of ultrasonic waves for
13	13	diagnostic or therapeutic purposes, specifically to monitor an
14	14	embryo or fetus [unborn child].
15	15	SECTION 2. Section 171.012(a), Health and Safety Code, is
16	16	amended to read as follows:
17	17	(a) Consent to an abortion is voluntary and informed only
18	18	if:
19	19	(1) the physician who is to perform the abortion
20	20	informs the pregnant woman on whom the abortion is to be performed
21	21	of:
22	22	(A) the physician's name;
23	23	(B) the particular medical risks associated with
24	24	the particular abortion procedure to be employed, including, when
25	25	medically accurate:
26	26	(i) the risks of infection and hemorrhage;
27	27	and
28	28	(ii) the potential danger to a subsequent
29	29	pregnancy and of infertility; [and
30	30	[(iii) the possibility of increased risk of
31	31	breast cancer following an induced abortion and the natural
32	32	protective effect of a completed pregnancy in avoiding breast
33	33	cancer;]
34	34	(C) the probable gestational age of the embryo or
35	35	fetus [unborn child] at the time the abortion is to be performed;
36	36	and
37	37	(D) the medical risks associated with carrying
38	38	the child to term;
39	39	(2) the physician who is to perform the abortion or the
40	40	physician's agent informs the pregnant woman that:
41	41	(A) medical assistance benefits may be available
42	42	for prenatal care, childbirth, and neonatal care;
43	43	(B) the father is liable for assistance in the
44	44	support of the child without regard to whether the father has
45	45	offered to pay for the abortion; and
46	46	(C) public and private agencies provide
47	47	pregnancy prevention counseling and medical referrals for
48	48	obtaining pregnancy prevention medications or devices, including
49	49	emergency contraception for victims of rape or incest;
50	50	(3) the physician who is to perform the abortion or the
51	51	physician's agent:
52	52	(A) provides the pregnant woman with the
53	53	printed materials described by Section 171.014; and
54	54	(B) informs the pregnant woman that those
55	55	materials:
56	56	(i) have been provided by the commission
57	57	[Department of State Health Services];
58	58	(ii) are accessible on an Internet website
59	59	sponsored by the commission [department];
60	60	(iii) describe the embryo or fetus [unborn
61	61	child] and list agencies that offer alternatives to abortion; and
62	62	(iv) include a list of agencies that offer
63	63	sonogram services at no cost to the pregnant woman;
64	64	(4) before any sedative or anesthesia is administered
65	65	to the pregnant woman and at least 24 hours before the abortion or
66	66	at least two hours before the abortion if the pregnant woman waives
67	67	this requirement by certifying that she currently lives 100 miles
68	68	or more from the nearest abortion provider that is a facility
69	69	licensed under Chapter 245 or a facility that performs more than 50
70	70	abortions in any 12-month period:
71	71	(A) the physician who is to perform the abortion
72	72	or an agent of the physician who is also a sonographer certified by
73	73	a national registry of medical sonographers performs a sonogram on
74	74	the pregnant woman on whom the abortion is to be performed;
75	75	(B) the physician who is to perform the abortion
76	76	displays the sonogram images in a quality consistent with current
77	77	medical practice in a manner that the pregnant woman may view them;
78	78	(C) the physician who is to perform the abortion
79	79	provides, in a manner understandable to a layperson, a verbal
80	80	explanation of the results of the sonogram images, including a
81	81	medical description of the dimensions of the embryo or fetus, the
82	82	presence of cardiac activity, and the presence of external members
83	83	and internal organs; and
84	84	(D) the physician who is to perform the abortion
85	85	or an agent of the physician who is also a sonographer certified by
86	86	a national registry of medical sonographers makes audible the heart
87	87	auscultation for the pregnant woman to hear, if present, in a
88	88	quality consistent with current medical practice and provides, in a
89	89	manner understandable to a layperson, a simultaneous verbal
90	90	explanation of the heart auscultation;
91	91	(5) before receiving a sonogram under Subdivision
92	92	(4)(A) and before the abortion is performed and before any sedative
93	93	or anesthesia is administered, the pregnant woman completes and
94	94	certifies with her signature an election form that states as
95	95	follows:
96	96	"ABORTION AND SONOGRAM ELECTION
97	97	(1) THE INFORMATION AND PRINTED MATERIALS
98	98	DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
99	99	AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
100	100	ME.
101	101	(2) I UNDERSTAND THE NATURE AND
102	102	CONSEQUENCES OF AN ABORTION.
103	103	(3) TEXAS LAW REQUIRES THAT I RECEIVE A
104	104	SONOGRAM PRIOR TO RECEIVING AN ABORTION.
105	105	(4) I UNDERSTAND THAT I HAVE THE OPTION TO
106	106	VIEW THE SONOGRAM IMAGES.
107	107	(5) I UNDERSTAND THAT I HAVE THE OPTION TO
108	108	HEAR THE HEARTBEAT.
109	109	(6) I UNDERSTAND THAT I AM REQUIRED BY LAW
110	110	TO HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
111	111	CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
112	112	___ I AM PREGNANT AS A RESULT OF A SEXUAL
113	113	ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
114	114	CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
115	115	AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
116	116	REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
117	117	OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
118	118	___ I AM A MINOR AND OBTAINING AN ABORTION
119	119	IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
120	120	CHAPTER 33, TEXAS FAMILY CODE.
121	121	___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
122	122	CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
123	123	DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
124	124	FILE.
125	125	(7) I AM MAKING THIS ELECTION OF MY OWN
126	126	FREE WILL AND WITHOUT COERCION.
127	127	(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE
128	128	FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
129	129	LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY
130	130	CODE, OR A FACILITY THAT PERFORMS MORE THAN 50
131	131	ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
132	132	I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
133	133	MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
134	134	IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH
135	135	AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE THAN
136	136	50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE THE
137	137	REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS
138	138	PERFORMED BEFORE RECEIVING THE ABORTION
139	139	PROCEDURE. MY PLACE OF RESIDENCE IS:__________.
140	140	____________________ ____________________
141	141	SIGNATURE DATE";
142	142	(6) before the abortion is performed, the physician
143	143	who is to perform the abortion receives a copy of the signed,
144	144	written certification required by Subdivision (5); and
145	145	(7) the pregnant woman is provided the name of each
146	146	person who provides or explains the information required under this
147	147	subsection.
148	148	SECTION 3. Section 171.014(f), Health and Safety Code, is
149	149	amended to read as follows:
150	150	(f) In addition to any other organization or entity, the
151	151	commission [department] shall use the American College of
152	152	Obstetricians and Gynecologists as the resource in developing
153	153	information required to be provided under Sections
154	154	171.012(a)(1)(B) and (D), Sections 171.012(a)(2)(A), (B), and (C),
155	155	and Section 171.016, and in maintaining the commission's
156	156	[department's] Internet website. Information described by this
157	157	subsection must be verified and supported by research that is
158	158	recognized as medically accurate, objective, and complete by the
159	159	National Institutes of Health and affiliated organizations.
160	160	SECTION 4. Section 171.015, Health and Safety Code, is
161	161	amended to read as follows:
162	162	Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
163	163	AGENCIES. The informational materials must include:
164	164	(1) geographically indexed materials designed to
165	165	inform the pregnant woman of public and private agencies and
166	166	services that:
167	167	(A) are available to assist a woman through
168	168	pregnancy, childbirth, and the child's dependency, including:
169	169	(i) a comprehensive list of adoption
170	170	agencies;
171	171	(ii) a description of the services the
172	172	adoption agencies offer;
173	173	(iii) a description of the manner,
174	174	including telephone numbers, in which an adoption agency may be
175	175	contacted; and
176	176	(iv) a comprehensive list of agencies and
177	177	organizations that offer sonogram services at no cost to the
178	178	pregnant woman; and
179	179	(B) are available to provide information and
180	180	services related to family planning [do not provide abortions or
181	181	abortion-related services or make referrals to abortion providers;
182	182	and
183	183	[(C) are not affiliated with organizations that
184	184	provide abortions or abortion-related services or make referrals to
185	185	abortion providers]; and
186	186	(2) a toll-free, 24-hour telephone number that may be
187	187	called to obtain an oral list and description of agencies described
188	188	by Subdivision (1) that are located near the caller and of the
189	189	services the agencies offer.
190	190	SECTION 5. Section 171.016, Health and Safety Code, is
191	191	amended to read as follows:
192	192	Sec. 171.016. INFORMATION RELATING TO CHARACTERISTICS OF
193	193	EMBRYO OR FETUS [UNBORN CHILD]. (a) The informational materials
194	194	must include materials designed to inform the woman of the probable
195	195	anatomical and physiological characteristics of the embryo or fetus
196	196	[unborn child] at two-week gestational increments from the time
197	197	when a woman can be known to be pregnant to full term, including any
198	198	relevant information on the possibility of the embryo's or fetus's
199	199	[unborn child's] survival.
200	200	(b) The materials must include color pictures representing
201	201	the development of the embryo or fetus [child] at two-week
202	202	gestational increments. The pictures must contain the dimensions
203	203	of the embryo or fetus [unborn child] and must be realistic.
204	204	(c) The materials provided under this section must be
205	205	objective and nonjudgmental and be designed to convey only accurate
206	206	scientific information about the embryo or fetus [unborn child] at
207	207	the various gestational ages. Information in the materials must be
208	208	verified and supported by research that is recognized as medically
209	209	accurate, objective, and complete by the National Institutes of
210	210	Health and affiliated organizations.
211	211	SECTION 6. (a) By not later than December 1, 2021, the
212	212	Health and Human Services Commission shall:
213	213	(1) revise the informational materials the commission
214	214	is required to publish under Section 171.014, Health and Safety
215	215	Code, as amended by this Act; and
216	216	(2) make the materials available for distribution.
217	217	(b) The changes in law made by this Act apply only to the
218	218	information a physician is required to provide under Section
219	219	171.012, Health and Safety Code, as amended by this Act, on or after
220	220	January 1, 2022.
221	221	SECTION 7. This Act takes effect September 1, 2021.