Bill Text: TX HB15 | 2011-2012 | 82nd Legislature | Enrolled
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-Enrolled.html
H.B. No. 15 |
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relating to informed consent to an abortion. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 171.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 171.002. DEFINITIONS [ |
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(1) "Abortion" [ |
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means to terminate the pregnancy of a female known by the attending | ||
physician to be pregnant with the intention that the termination of | ||
the pregnancy by those means will, with reasonable likelihood, | ||
cause the death of the fetus. | ||
(2) "Abortion provider" means a facility where an | ||
abortion is performed, including the office of a physician and a | ||
facility licensed under Chapter 245. | ||
(3) "Medical emergency" means a life-threatening | ||
physical condition aggravated by, caused by, or arising from a | ||
pregnancy 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. | ||
(4) "Sonogram" means the use of ultrasonic waves for | ||
diagnostic or therapeutic purposes, specifically to monitor an | ||
unborn child. | ||
SECTION 2. Section 171.012, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), and (c) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) Consent [ |
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(1) the physician who is to perform the abortion [ |
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abortion is to be performed of: | ||
(A) the physician's name [ |
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(B) the particular medical risks associated with | ||
the particular abortion procedure to be employed, including, when | ||
medically accurate: | ||
(i) the risks of infection and hemorrhage; | ||
(ii) the potential danger to a subsequent | ||
pregnancy and of infertility; and | ||
(iii) the possibility of increased risk of | ||
breast cancer following an induced abortion and the natural | ||
protective effect of a completed pregnancy in avoiding breast | ||
cancer; | ||
(C) the probable gestational age of the unborn | ||
child at the time the abortion is to be performed; and | ||
(D) the medical risks associated with carrying | ||
the child to term; | ||
(2) the physician who is to perform the abortion or the | ||
physician's agent informs the pregnant woman that: | ||
(A) medical assistance benefits may be available | ||
for prenatal care, childbirth, and neonatal care; | ||
(B) the father is liable for assistance in the | ||
support of the child without regard to whether the father has | ||
offered to pay for the abortion; and | ||
(C) public and private agencies provide | ||
pregnancy prevention counseling and medical referrals for | ||
obtaining pregnancy prevention medications or devices, including | ||
emergency contraception for victims of rape or incest; [ |
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(3) the physician who is to perform the abortion or the | ||
physician's agent: | ||
(A) provides [ |
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171.014; and | ||
(B) informs the pregnant woman[ |
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materials: | ||
(i) have been provided by the [ |
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Department of State Health Services; | ||
(ii) [ |
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website sponsored by the department; | ||
(iii) [ |
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the unborn child and list agencies that offer alternatives to | ||
abortion; and | ||
(iv) include a list of agencies that offer | ||
sonogram services at no cost to the pregnant woman; | ||
(4) before any sedative or anesthesia is administered | ||
to the pregnant woman and at least 24 hours before the abortion or | ||
at least two hours before the abortion if the pregnant woman waives | ||
this requirement by certifying that she currently lives 100 miles | ||
or more from the nearest abortion provider that is a facility | ||
licensed under Chapter 245 or a facility that performs more than 50 | ||
abortions in any 12-month period: | ||
(A) the physician who is to perform the abortion | ||
or an agent of the physician who is also a sonographer certified by | ||
a national registry of medical sonographers performs a sonogram on | ||
the pregnant woman on whom the abortion is to be performed; | ||
(B) the physician who is to perform the abortion | ||
displays the sonogram images in a quality consistent with current | ||
medical practice in a manner that the pregnant woman may view them; | ||
(C) the physician who is to perform the abortion | ||
provides, in a manner understandable to a layperson, a verbal | ||
explanation of the results of the sonogram images, including a | ||
medical description of the dimensions of the embryo or fetus, the | ||
presence of cardiac activity, and the presence of external members | ||
and internal organs; and | ||
(D) the physician who is to perform the abortion | ||
or an agent of the physician who is also a sonographer certified by | ||
a national registry of medical sonographers makes audible the heart | ||
auscultation for the pregnant woman to hear, if present, in a | ||
quality consistent with current medical practice and provides, in a | ||
manner understandable to a layperson, a simultaneous verbal | ||
explanation of the heart auscultation; | ||
(5) before receiving a sonogram under Subdivision | ||
(4)(A) and [ |
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is performed and before any sedative or anesthesia is administered, | ||
the pregnant woman completes and certifies with her signature an | ||
election form that states as follows: | ||
"ABORTION AND SONOGRAM ELECTION | ||
(1) THE INFORMATION AND PRINTED MATERIALS | ||
DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH | ||
AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO | ||
ME. | ||
(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF | ||
AN ABORTION. | ||
(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM | ||
PRIOR TO RECEIVING AN ABORTION. | ||
(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW | ||
THE SONOGRAM IMAGES. | ||
(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR | ||
THE HEARTBEAT. | ||
(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO | ||
HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I | ||
CERTIFY IN WRITING TO ONE OF THE FOLLOWING: | ||
___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT, | ||
INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT | ||
HAS BEEN REPORTED TO LAW ENFORCEMENT AUTHORITIES OR | ||
THAT HAS NOT BEEN REPORTED BECAUSE I REASONABLY | ||
BELIEVE THAT DOING SO WOULD PUT ME AT RISK OF | ||
RETALIATION RESULTING IN SERIOUS BODILY INJURY. | ||
___ I AM A MINOR AND OBTAINING AN ABORTION IN | ||
ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER | ||
CHAPTER 33, TEXAS FAMILY CODE. | ||
___ MY FETUS HAS AN IRREVERSIBLE MEDICAL | ||
CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE | ||
DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL | ||
FILE. | ||
(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL | ||
AND WITHOUT COERCION. | ||
(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM | ||
THE NEAREST ABORTION PROVIDER THAT IS A FACILITY | ||
LICENSED UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS | ||
MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY: | ||
I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 | ||
MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT | ||
IS A FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY | ||
THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH | ||
PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS AFTER | ||
THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE | ||
ABORTION PROCEDURE. MY PLACE OF RESIDENCE | ||
IS:__________. | ||
________________________________________ | ||
SIGNATURE DATE" | ||
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(6) [ |
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physician who is to perform the abortion receives a copy of the | ||
signed, written certification required by Subdivision (5); and | ||
(7) the pregnant woman is provided the name of each | ||
person who provides or explains the information required under this | ||
subsection [ |
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(a-1) 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. | ||
(b) The information required to be provided under | ||
Subsections (a)(1) and (2) may not be provided by audio or video | ||
recording and must be provided at least 24 hours before the abortion | ||
is to be performed: | ||
(1) orally and [ |
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and confidential setting if the pregnant woman currently lives less | ||
than 100 miles from the nearest abortion provider that is a facility | ||
licensed under Chapter 245 or a facility that performs more than 50 | ||
abortions in any 12-month period; or [ |
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(2) orally by telephone or in person in a private and | ||
confidential setting if the pregnant woman certifies that the woman | ||
currently lives 100 miles or more from the nearest abortion | ||
provider that is a facility licensed under Chapter 245 or a facility | ||
that performs more than 50 abortions in any 12-month period [ |
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(c) When providing the information under Subsection (a)(3) | ||
[ |
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the pregnant woman with the address of the Internet website on which | ||
the printed materials described by Section 171.014 may be viewed as | ||
required by Section 171.014(e). | ||
SECTION 3. Subchapter B, Chapter 171, Health and Safety | ||
Code, is amended by adding Sections 171.0121, 171.0122, 171.0123, | ||
and 171.0124 to read as follows: | ||
Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion | ||
begins, a copy of the signed, written certification received by the | ||
physician under Section 171.012(a)(6) must be placed in the | ||
pregnant woman's medical records. | ||
(b) A copy of the signed, written certification required | ||
under Sections 171.012(a)(5) and (6) shall be retained by the | ||
facility where the abortion is performed 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. 171.0122. VIEWING PRINTED MATERIALS AND SONOGRAM | ||
IMAGE; HEARING HEART AUSCULTATION OR VERBAL EXPLANATION. (a) A | ||
pregnant woman may choose not to view the printed materials | ||
provided under Section 171.012(a)(3) after she has been provided | ||
the materials. | ||
(b) A pregnant woman may choose not to view the sonogram | ||
images required to be provided to and reviewed with the pregnant | ||
woman under Section 171.012(a)(4). | ||
(c) A pregnant woman may choose not to hear the heart | ||
auscultation required to be provided to and reviewed with the | ||
pregnant woman under Section 171.012(a)(4). | ||
(d) A pregnant woman may choose not to receive the verbal | ||
explanation of the results of the sonogram images under Section | ||
171.012(a)(4)(C) if: | ||
(1) the woman's pregnancy is a result of a sexual | ||
assault, incest, or other violation of the Penal Code that has been | ||
reported to law enforcement authorities or that has not been | ||
reported because she has a reason that she declines to reveal | ||
because she reasonably believes that to do so would put her at risk | ||
of retaliation resulting in serious bodily injury; | ||
(2) the woman is a minor and obtaining an abortion in | ||
accordance with judicial bypass procedures under Chapter 33, Family | ||
Code; or | ||
(3) the fetus has an irreversible medical condition or | ||
abnormality, as previously identified by reliable diagnostic | ||
procedures and documented in the woman's medical file. | ||
(e) The physician and the pregnant woman are not subject to | ||
a penalty under this chapter solely because the pregnant woman | ||
chooses not to view the printed materials or the sonogram images, | ||
hear the heart auscultation, or receive the verbal explanation, if | ||
waived as provided by this section. | ||
Sec. 171.0123. PATERNITY AND CHILD SUPPORT INFORMATION. | ||
If, after being provided with a sonogram and the information | ||
required under this subchapter, the pregnant woman chooses not to | ||
have an abortion, the physician or an agent of the physician shall | ||
provide the pregnant woman with a publication developed by the | ||
Title IV-D agency that provides information about paternity | ||
establishment and child support, including: | ||
(1) the steps necessary for unmarried parents to | ||
establish legal paternity; | ||
(2) the benefits of paternity establishment for | ||
children; | ||
(3) the steps necessary to obtain a child support | ||
order; | ||
(4) the benefits of establishing a legal parenting | ||
order; and | ||
(5) financial and legal responsibilities of | ||
parenting. | ||
Sec. 171.0124. EXCEPTION FOR MEDICAL EMERGENCY. A | ||
physician may perform an abortion without obtaining informed | ||
consent under this subchapter 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 30th day after the date the | ||
abortion is performed, certify to the Department of State Health | ||
Services the specific medical condition that constituted the | ||
emergency. | ||
SECTION 4. Section 171.013(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The [ |
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agent shall furnish copies of the materials described by Section | ||
171.014 to the pregnant woman [ |
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abortion is to be performed and shall direct the pregnant woman to | ||
the Internet website required to be published under Section | ||
171.014(e). The [ |
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the materials to the pregnant woman by mail if the materials are | ||
mailed, restricted delivery to addressee, at least 72 hours before | ||
the abortion is to be performed. | ||
SECTION 5. Section 171.015, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE | ||
AGENCIES. The informational materials must include [ |
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(1) geographically indexed materials designed to | ||
inform the pregnant woman of public and private agencies and | ||
services that: | ||
(A) are available to assist a woman through | ||
pregnancy, childbirth, and the child's dependency, including: | ||
(i) a comprehensive list of adoption | ||
agencies; | ||
(ii) a description of the services the | ||
adoption agencies offer; [ |
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(iii) a description of the manner, | ||
including telephone numbers, in which an adoption agency may be | ||
contacted; and | ||
(iv) a comprehensive list of agencies and | ||
organizations that offer sonogram services at no cost to the | ||
pregnant woman; | ||
(B) do not provide abortions or abortion-related | ||
services or make referrals to abortion providers; and | ||
(C) are not affiliated with organizations that | ||
provide abortions or abortion-related services or make referrals to | ||
abortion providers; and [ |
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(2) a toll-free, 24-hour telephone number that may be | ||
called to obtain an oral list and description of agencies described | ||
by Subdivision (1) that are located near the caller and of the | ||
services the agencies offer. | ||
SECTION 6. 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 B, Chapter 171. | ||
SECTION 7. 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 B, Chapter 171. | ||
SECTION 8. Section 245.006(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The department shall [ |
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at random, unannounced, and reasonable times as necessary to ensure | ||
compliance with this chapter and Subchapter B, Chapter 171. | ||
SECTION 9. 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 B, Chapter 171. | ||
SECTION 10. Section 164.055(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The board shall [ |
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action against a physician who violates Section 170.002 or Chapter | ||
171, Health and Safety Code. The board shall [ |
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to examination or refuse to issue a license or renewal license to a | ||
person who violates that section or chapter. | ||
SECTION 11. 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 B, Chapter 171, Health and Safety Code. | ||
SECTION 12. The purposes of this Act include, but are not | ||
limited to: | ||
(1) protecting the physical and psychological health | ||
and well-being of pregnant women; | ||
(2) providing pregnant women access to information | ||
that would allow her to consider the impact an abortion would have | ||
on her unborn child; and | ||
(3) protecting the integrity and ethical standards of | ||
the medical profession. | ||
SECTION 13. The change in law made by this Act applies only | ||
to an abortion performed on or after the 30th day after the | ||
effective date of this Act. An abortion performed before the 30th | ||
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 14. The Title IV-D agency shall publish the | ||
information required by Section 171.0123, Health and Safety Code, | ||
as added by this Act, not later than the 30th day after the | ||
effective date of this Act. | ||
SECTION 15. Every provision in this Act and every | ||
application of the provisions in this Act are severable from each | ||
other. If any application of any provision in this Act to any | ||
person or group of persons or circumstances is found by a court to | ||
be invalid, the remainder of this Act and the application of the | ||
Act's provisions to all other persons and circumstances may not be | ||
affected. All constitutionally valid applications of this Act | ||
shall be severed from any applications that a court finds to be | ||
invalid, leaving the valid applications in force, because it is the | ||
legislature's intent and priority that the valid applications be | ||
allowed to stand alone. Even if a reviewing court finds a provision | ||
of this Act invalid in a large or substantial fraction of relevant | ||
cases, the remaining valid applications shall be severed and | ||
allowed to remain in force. | ||
SECTION 16. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 15 was passed by the House on March 7, | ||
2011, by the following vote: Yeas 107, Nays 42, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 15 on May 5, 2011, by the following vote: Yeas 94, Nays 41, 1 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 15 was passed by the Senate, with | ||
amendments, on May 3, 2011, by the following vote: Yeas 21, Nays | ||
10. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |