Bill Text: TX HB15 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to informed consent to an abortion.
Spectrum: Partisan Bill (Republican 86-2)
Status: (Passed) 2011-05-19 - Effective on 9/1/11 [HB15 Detail]
Download: Texas-2011-HB15-Comm_Sub.html
Bill Title: Relating to informed consent to an abortion.
Spectrum: Partisan Bill (Republican 86-2)
Status: (Passed) 2011-05-19 - Effective on 9/1/11 [HB15 Detail]
Download: Texas-2011-HB15-Comm_Sub.html
82R10054 NAJ-D | |||
By: Miller of Erath, Callegari, Harless, | H.B. No. 15 | ||
Kolkhorst, Patrick, et al. | |||
Substitute the following for H.B. No. 15: | |||
By: Harless | C.S.H.B. No. 15 |
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relating to providing a sonogram before an abortion; providing | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 171, Health and Safety Code, is amended | ||
by adding Subchapter C to read as follows: | ||
SUBCHAPTER C. PERFORMANCE OF SONOGRAM BEFORE ABORTION | ||
Sec. 171.051. DEFINITIONS. In this subchapter: | ||
(1) "Abortion provider" means a facility where an | ||
abortion is performed, including the office of a physician and a | ||
facility licensed under Chapter 241, 243, or 245. | ||
(2) "Medical emergency" means a life-threatening | ||
physical condition caused by or arising from a pregnancy itself | ||
that, as certified by a physician, places the woman in danger of | ||
death or a serious risk of substantial impairment of a major bodily | ||
function unless an abortion is performed. | ||
(3) "Sonogram" means the use of ultrasonic waves for | ||
diagnostic or therapeutic purposes, specifically to monitor an | ||
unborn child. | ||
Sec. 171.052. INFORMATION REGARDING SONOGRAM PROVIDERS. | ||
(a) Not more than 72 hours and not less than 24 hours before an | ||
abortion begins, the physician who is to perform the abortion | ||
shall: | ||
(1) provide the pregnant woman on whom the abortion is | ||
to be performed with the informational materials described by | ||
Section 171.014; | ||
(2) inform the pregnant woman on whom the abortion is | ||
to be performed that the materials required by Section 171.014: | ||
(A) are provided by the Department of State | ||
Health Services; | ||
(B) are accessible on an Internet website | ||
sponsored by the department; | ||
(C) describe the unborn child; and | ||
(D) list agencies that offer alternatives to | ||
abortion; and | ||
(3) provide the pregnant woman on whom the abortion is | ||
to be performed with a comprehensive list of health care providers, | ||
facilities, and clinics that offer obstetric sonogram services at | ||
no cost to the pregnant woman and that do not: | ||
(A) perform abortions or provide | ||
abortion-related services; | ||
(B) make referrals to any abortion provider; or | ||
(C) affiliate or contract with any entity that | ||
performs abortions, provides abortion-related services, or makes | ||
referrals to any abortion provider. | ||
(b) The department shall compile the list described by | ||
Subsection (a)(3) and shall make the list available at no cost. The | ||
department shall provide appropriate quantities of the list to an | ||
abortion provider and to any other person. The list must include | ||
the name, address, hours of operation, and telephone number for | ||
each health care provider, facility, and clinic that satisfies the | ||
requirements of Subsection (a)(3) and be: | ||
(1) arranged by county; | ||
(2) printed in a typeface large enough to be clearly | ||
legible; and | ||
(3) published in English and Spanish. | ||
(c) The department is not required to republish the list | ||
described by Subsection (a)(3) because of a change in information | ||
described by Subsection (b) unless five percent or more of the | ||
information contained in the list changes. | ||
Sec. 171.053. PERFORMANCE OF SONOGRAM. (a) Not more than | ||
72 hours and not less than 24 hours before the abortion begins and | ||
before any sedative or anesthesia is administered to the pregnant | ||
woman, the physician who is to perform the abortion or a sonographer | ||
certified by a national registry of medical sonographers shall: | ||
(1) perform a live, real-time obstetric sonogram on | ||
the pregnant woman on whom the abortion is to be performed; | ||
(2) display the live, real-time obstetric sonogram | ||
images in a quality consistent with current medical practice in a | ||
manner that the pregnant woman may view them; | ||
(3) provide, in a manner understandable to a | ||
layperson, a simultaneous verbal explanation of the results of the | ||
live, real-time sonogram images, including a medical description of | ||
the dimensions of the embryo or fetus, the presence of cardiac | ||
activity, and the presence of arms, legs, external members, and | ||
internal organs; and | ||
(4) make audible the live, real-time heart | ||
auscultation, when present, for the pregnant woman to hear, in a | ||
quality consistent with current medical practice, and provide, in a | ||
manner understandable to a layperson, a simultaneous verbal | ||
explanation of the live, real-time heart auscultation. | ||
(b) During a visit made to a facility to fulfill the | ||
requirements of Subsection (a), the facility and any person at the | ||
facility may not accept any form of payment, deposit, or exchange or | ||
make any financial agreement for an abortion or abortion-related | ||
services other than for payment of a service required by Subsection | ||
(a). The amount charged for a service required by Subsection (a) | ||
may not exceed the reimbursement rate established for the service | ||
by the Health and Human Services Commission for statewide medical | ||
reimbursement programs. | ||
Sec. 171.054. CERTIFICATION OF SONOGRAM. (a) After the | ||
live, real-time sonogram and the live, real-time heart auscultation | ||
required under Section 171.053 and before any sedative or | ||
anesthesia is administered to the pregnant woman and before the | ||
abortion begins, the pregnant woman on whom the abortion is to be | ||
performed shall certify by her signature that not more than 72 hours | ||
and not less than 24 hours before the abortion begins: | ||
(1) she was provided with a live, real-time sonogram | ||
as required under Section 171.053; | ||
(2) she had the opportunity to view the live, | ||
real-time sonogram images as required under Section 171.053; | ||
(3) she was provided, in a manner understandable to a | ||
layperson, a simultaneous verbal explanation of the results of the | ||
sonogram images as required under Section 171.053; and | ||
(4) she heard the live, real-time heart auscultation, | ||
when present, as required under Section 171.053. | ||
(b) The department shall prepare the form to be used to make | ||
the certification required under Subsection (a). The form must | ||
include a space for the pregnant woman's signature and space for the | ||
woman to sign her initials beside each of the following statements: | ||
(1) "Not more than 72 hours and not less than 24 hours | ||
before my abortion is to begin and at the facility where my abortion | ||
is to be performed, the doctor who is performing an abortion on me | ||
or a sonographer certified by a national registry of medical | ||
sonographers performed a sonogram on me and displayed the live, | ||
real-time sonogram images so that I could view them."; | ||
(2) "The doctor who is performing an abortion on me or | ||
a sonographer certified by a national registry of medical | ||
sonographers has given me, in an understandable manner, a | ||
simultaneous verbal explanation of the results of the live, | ||
real-time sonogram images, including a medical description of the | ||
dimensions of the embryo or fetus, the presence of cardiac | ||
activity, and the presence of arms, legs, external members, and | ||
internal organs."; and | ||
(3) "The doctor performing an abortion on me or a | ||
sonographer certified by a national registry of medical | ||
sonographers has made audible the live, real-time heart activity, | ||
when present, for me to hear. The doctor or sonographer has also | ||
provided, in an understandable manner, a simultaneous verbal | ||
explanation of the live, real-time heart activity." | ||
(c) Before the abortion begins, a copy of the form required | ||
under this section must be: | ||
(1) given to the physician who is to perform the | ||
abortion; and | ||
(2) placed in the pregnant woman's medical records. | ||
(d) A copy of the form required under this section shall be | ||
retained by the abortion provider 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. | ||
Sec. 171.055. RECEIVING INFORMATION DURING SONOGRAM. The | ||
physician and the pregnant woman are not subject to a penalty under | ||
this subchapter solely because the pregnant woman chooses not to | ||
receive the information required to be provided under Section | ||
171.053. | ||
Sec. 171.056. EXCEPTION FOR MEDICAL EMERGENCY. (a) A | ||
physician may perform an abortion without providing the sonogram | ||
required under Section 171.053 only in a medical emergency. A | ||
physician who performs an abortion in a medical emergency shall: | ||
(1) include in the patient's medical records a | ||
statement signed by the physician certifying the nature of the | ||
medical emergency; and | ||
(2) not later than the seventh day after the date the | ||
abortion is performed, certify to the Department of State Health | ||
Services the specific medical condition that constituted the | ||
emergency. | ||
(b) The statement required under Subsection (a)(1) shall be | ||
placed in the patient's medical records and shall be kept by the | ||
abortion provider until: | ||
(1) the seventh anniversary of the date the abortion | ||
is performed; or | ||
(2) if the pregnant woman is a minor, the later of: | ||
(A) the seventh anniversary of the date the | ||
abortion is performed; or | ||
(B) the woman's 21st birthday. | ||
Sec. 171.057. VIOLATION. (a) A physician who performs an | ||
abortion in violation of this subchapter engages in unprofessional | ||
conduct for which the physician's license shall be revoked under | ||
Chapter 164, Occupations Code. | ||
(b) The department, in accordance with the procedures | ||
established under Chapter 241, 243, or 245, as applicable, shall | ||
revoke the license of an abortion provider that violates this | ||
subchapter. | ||
SECTION 2. Subchapter A, Chapter 241, Health and Safety | ||
Code, is amended by adding Section 241.007 to read as follows: | ||
Sec. 241.007. COMPLIANCE WITH CERTAIN REQUIREMENTS | ||
REGARDING SONOGRAM BEFORE ABORTION. A hospital shall comply with | ||
Subchapter C, Chapter 171. | ||
SECTION 3. Subchapter A, Chapter 243, Health and Safety | ||
Code, is amended by adding Section 243.017 to read as follows: | ||
Sec. 243.017. COMPLIANCE WITH CERTAIN REQUIREMENTS | ||
REGARDING SONOGRAM BEFORE ABORTION. An ambulatory surgical center | ||
shall comply with Subchapter C, Chapter 171. | ||
SECTION 4. Chapter 245, Health and Safety Code, is amended | ||
by adding Section 245.024 to read as follows: | ||
Sec. 245.024. COMPLIANCE WITH CERTAIN REQUIREMENTS | ||
REGARDING SONOGRAM BEFORE ABORTION. An abortion facility shall | ||
comply with Subchapter C, Chapter 171. | ||
SECTION 5. Subchapter B, Chapter 164, Occupations Code, is | ||
amended by adding Section 164.0551 to read as follows: | ||
Sec. 164.0551. COMPLIANCE WITH CERTAIN REQUIREMENTS | ||
REGARDING SONOGRAM BEFORE ABORTION. A physician shall comply with | ||
Subchapter C, Chapter 171, Health and Safety Code. | ||
SECTION 6. The change in law made by this Act applies only | ||
to an abortion performed on or after the 60th day after the | ||
effective date of this Act. An abortion performed before the 60th | ||
day after the effective date of this Act is governed by the law in | ||
effect on the date the abortion was performed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 7. The Department of State Health Services shall | ||
compile the list required by Section 171.052, Health and Safety | ||
Code, as added by this Act, not later than the 60th day after the | ||
effective date of this Act. | ||
SECTION 8. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and to | ||
this end the provisions of this Act are severable. | ||
SECTION 9. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |