Texas House Bill HB128

Texas 2021 - 87th 3rd C.S.

Caption

Relating to a required resource access assistance offer before an abortion is performed or induced.

Impact

The implementation of HB128 will amend the Health and Safety Code, introducing additional requirements for the informed consent process prior to an abortion. The law requires that certification of the resource access assistance offer be included in the patient's medical records and suggests that these records should be retained for an extended time period. The Health and Human Services Commission is tasked with establishing a system to facilitate these offers, including a 24-hour hotline for women seeking assistance. This shift emphasizes the state's role in providing resources and oversight concerning access to abortion-related services.

Summary

House Bill 128 (HB128) focuses on enhancing pre-abortion procedures by mandating that a resource access assistance offer be made to women before an abortion is performed or induced. The legislation stipulates that, unless in a medical emergency, the physician must confirm that the patient has received this assistance prior to the abortion. This assistance must come from qualified care agents, such as licensed counselors or healthcare workers, who are contracted by the state to provide information on available resources and support services beyond abortion. The intent is to ensure that women are informed about various alternatives and assistance available, such as housing, prenatal care, and mental health services.

Contention

Debate surrounding HB128 has highlighted significant concerns regarding state intervention in personal healthcare decisions. Proponents argue that the bill provides essential support for women, helping them navigate various resources and alternatives to abortion. Critics, however, view it as a means of restricting access to abortion by imposing additional steps and requirements, potentially delaying or complicating the process. The requirement that care agents cannot refer women to abortion providers raises ethical questions about the true intent and effectiveness of the assistance being offered. Furthermore, the implications for women facing urgent decisions, particularly those who are victims of coercion or human trafficking, have sparked fierce discussions about the adequacy and appropriateness of these pre-abortion requirements.