Bill Text: TX HB325 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to providing access to an ultrasound before an abortion.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2011-02-15 - Referred to State Affairs [HB325 Detail]
Download: Texas-2011-HB325-Introduced.html
By: Smith of Tarrant | H.B. No. 325 |
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relating to providing access to an ultrasound before an abortion. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 171, Health and Safety Code, is amended | ||
by adding Sections 171.019 through Sections 171.026 to read as | ||
follows: | ||
Sec. 171.019. LEGISLATIVE FINDINGS. (a) The Texas | ||
Legislature finds that: | ||
(1) all abortions, whether surgically or chemically | ||
induced, terminate the life of a whole, separate, unique, living | ||
human being; | ||
(2) the existing standard of care for screening and | ||
counseling before an abortion is not adequate to protect the health | ||
needs of women; and | ||
(3) The State of Texas has imposed a standard of | ||
practice in the health care profession that, except in exceptional | ||
circumstances, requires physicians and other health care | ||
practitioners to provide patients with such facts about the nature | ||
of any proposed course of treatment, the risks of the proposed | ||
course of treatment, the alternatives to the proposed course, | ||
including any risks that would be applicable to any alternatives, | ||
as a reasonable patient would consider significant to the decision | ||
of whether to undergo the proposed course of treatment. | ||
(b) Therefore it is the intent of the Texas Legislature in | ||
enacting Sections 171.020 through Sections 171.026 to further the | ||
important and compelling state interests to: | ||
(1) protect the life and health of the woman seeking or | ||
undergoing an abortion and, to the extent constitutionally | ||
permissible, the life of her unborn child; | ||
(2) foster the development of high standards of | ||
professional conduct in the practice of abortion; and | ||
(3) ensure that prior to the provision of an abortion, | ||
the woman considering an abortion receives personal counseling by | ||
the physician and be given a full range of information regarding her | ||
pregnancy, her unborn child, the abortion, the medical and | ||
psychological risks of abortion and available alternatives to the | ||
abortion. | ||
Sec. 171.020. DEFINITIONS. In this chapter: | ||
(1) "Ultrasound" means the use of ultrasonic waves for | ||
diagnostic or therapeutic purposes, specifically to monitor an | ||
unborn child. | ||
(2) "Medical emergency" means the case when a life- | ||
endangering physical condition caused by or arising from the | ||
pregnancy itself, that would, as certified by a physician, place | ||
the woman in danger of death unless an abortion is provided. | ||
Sec. 171.021. ULTRASOUND PROVISION AND DISPLAY BEFORE | ||
ABORTION. (a) No less than one (1) hour before the abortion | ||
procedure, the physician who is to provide the abortion or the | ||
physician's agent must provide the woman undergoing an abortion: | ||
(1) a comprehensive list, compiled by the department, | ||
of health care providers, facilities, and clinics that offer | ||
obstetric ultrasound services at no cost to the pregnant woman and | ||
that do not provide abortion or abortion-related services or make | ||
referrals to abortion providers or affiliate or contract with | ||
entities that provide abortions or abortion-related services or | ||
make referrals to abortion providers. The list shall be arranged | ||
geographically and shall include the name, address, hours of | ||
operation, and telephone number of each entity; | ||
(2) the website address to a state-sponsored website | ||
that maintains the information described in Subsection (1). | ||
(b) On the same calendar day but not less than one (1) hour | ||
before the abortion procedure is to be commenced and before any | ||
sedative or anesthesia is given or administered to the pregnant | ||
woman, either the physician who is to perform the abortion or a | ||
sonographer certified by the American Registry of Diagnostic | ||
Medical Sonographers, must: | ||
(1) perform an obstetric ultrasound on the pregnant | ||
woman on whom the abortion is to be provided; | ||
(2) display the live, real-time obstetric ultrasound | ||
images in a quality consistent with current medical practice in a | ||
manner so 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 ultrasound 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 | ||
simultaneously provide, in a manner understandable to a layperson, | ||
a verbal explanation of the live heart auscultation; | ||
Sec. 171.022 CERTIFICATION OF ULTRASOUND PROVISION. (a) | ||
After the live, real-time ultrasound and the live, real-time heart | ||
auscultation required by Section 171.021, and before any sedative | ||
or anesthesia is given or administered to the pregnant woman and | ||
before the abortion is provided, the pregnant woman must certify by | ||
her signature; | ||
(1) that she has been provided a live, real-time | ||
ultrasound required by subdivision Section 171.021(b)(1); | ||
(2) that she has had the opportunity to view the live | ||
ultrasound images required by subdivision Section 171.021(b)(2); | ||
(3) that she has been provided a simultaneous verbal | ||
explanation of the results of the live ultrasound images, in a | ||
manner understandable to a layperson, as required by Section | ||
171.021(b)(3); and | ||
(4) that she has been provided with the audio of the | ||
live heart auscultation required by subdivision Section | ||
171.021(b)(4) on a form created by the department. | ||
(b) The form required by subdivision (a) must include a | ||
space to be signed by the pregnant woman and the following | ||
statements are to be certified by the woman undergoing the abortion | ||
by initials; | ||
(1) "Before my abortion and at the clinic where my | ||
abortion was provided, a live, real-time obstetric ultrasound was | ||
performed, and the images of my ultrasound were displayed so that I | ||
could view them;" | ||
(2) "A simultaneous verbal explanation of the results | ||
of the live ultrasound images, including a medical description of | ||
the dimensions of the embryo or fetus, the presence of cardiac | ||
activity, and the presence of arms, legs, and external members and | ||
internal organs, was given me in an understandable manner;" and | ||
(3) "A live, real-time heartbeat, when present, and a | ||
simultaneous verbal explanation of the live heart activity were | ||
provided for me to hear." | ||
(c) Before any sedative or anesthesia is given or | ||
administered to the pregnant woman and before the abortion is | ||
provided, a copy of the signed, written certification required by | ||
this section must be; | ||
(1) given to the physician who is to provide the | ||
abortion; and | ||
(2) placed in the medical file of the woman and shall | ||
be kept by the abortion provider for a period of not less than seven | ||
(7) years. If the woman is a minor, then the certification shall be | ||
placed in the medical file of the minor and kept for at least seven | ||
(7) years or for five (5) years after the minor reaches the age of | ||
majority, whichever is greater. | ||
Sec. 171.023 VIEWING ULTRASOUND IMAGE. (a) The pregnant | ||
woman may choose to look away from the ultrasound images required to | ||
be provided for, displayed to, and reviewed with the pregnant woman | ||
under Section 171.021(b). | ||
(b) The physician and the pregnant woman are not subject to | ||
a penalty under this chapter if the pregnant woman chooses to look | ||
away from the ultrasound images required by Section 171.021(b). | ||
Sec. 171.024. EXCEPTION FOR MEDICAL EMERGENCY. (a) A | ||
physician may perform an abortion without fulfilling the | ||
requirements in Section 171.021 only in a medical emergency. A | ||
physician who provides an abortion in a medical emergency shall: | ||
(1) write and sign a statement certifying the nature | ||
of the medical emergency; | ||
(2) place the signed statement required by subsection | ||
(1) in the medical file of the woman and shall be kept by the | ||
abortion provider for a period of not less than seven (7) years. If | ||
the woman is a minor, then the signed statement shall be placed in | ||
the medical file of the minor and kept for at least seven (7) years | ||
or for five (5) years after the minor reaches the age of majority, | ||
whichever is greater; and | ||
(3) no later than the seventh (7) day after the date | ||
the abortion is provided certify to the department the specific | ||
medical condition that constituted the emergency. | ||
Sec 171.025 DEPARTMENT DUTIES. (a) The department shall | ||
cause to be published, within sixty days after the effective date of | ||
this Act, the following easily comprehensible printed materials: A | ||
comprehensive list of health care providers, facilities, and | ||
clinics that offer to provide obstetric ultrasounds free of charge. | ||
The list shall be arranged geographically and shall include the | ||
name, address, hours of operation, and telephone number of each | ||
entity. The materials required under this section shall be: | ||
(1) printed in a typeface large enough to be clearly | ||
legible; | ||
(2) available from the department upon the request by | ||
any person, facility, or hospital for an amount equal to the cost | ||
incurred by the department to publish the materials. | ||
(b) The department shall develop and maintain a stable | ||
internet website, which is reasonably safeguarded from having its | ||
content altered other than by the department, to provide the | ||
information described under Section 171.021(a). No information | ||
regarding who uses the website shall be collected or maintained. | ||
The department shall monitor the website on a daily basis to prevent | ||
and correct tampering and shall immediately notify abortion | ||
providers of any change in the location of the material on its | ||
website. | ||
(c) The website required in subsection (b) must: | ||
(1) use enhanced, user-friendly search capabilities | ||
to ensure that the information described in Section 171.021(a) is | ||
easily accessible, and must use searchable by keywords and phrases, | ||
specifically to ensure that entering the term "abortion" yields the | ||
materials described in Section 171.021(a), regardless of how the | ||
materials in Section 171.021(a) are labeled; | ||
(2) allow the material described in Section 171.021(a) | ||
to be printed; | ||
(3) give clear prominent instructions on how to | ||
receive the information in printed form; and | ||
(4) be accessible to the public without requiring | ||
registration, the use of a user name, a password, or any other user | ||
identification. | ||
(d) If an abortion provider has a website, the abortion | ||
provider's internet website must contain at least two direct links | ||
to the materials on the department's website required by Section | ||
171.021(a), including at least one link prominently placed on the | ||
home page of the abortion provider's internet website. | ||
Sec 171.026 VIOLATION OF ULTRASOUND REQUIREMENTS. (a) An | ||
abortion provider who knowingly violates any provision of Sections | ||
171.021 or 171.022 of this act shall be liable for damages as | ||
provided in this section and may be enjoined from such acts in | ||
accordance with this section in an appropriate court. | ||
(b) A cause of action for injunctive relief against any | ||
person who has knowingly violated a provision of Sections 171.021 | ||
or 171.022 or 171.024 of this act may be maintained by the woman | ||
upon whom an abortion was performed or attempted to be performed in | ||
violation of this act; any person who is the spouse, parent, sibling | ||
or guardian of, or a current or former licensed health care provider | ||
of, the female to whom an abortion has been provided or attempted to | ||
be provided in violation of this act; by a district attorney with | ||
appropriate jurisdiction; or by the Attorney General. The | ||
injunction shall prevent the abortion provider from providing | ||
further abortions in violation of this act in the State of Texas. | ||
(c) Any person who knowingly violates the terms of an | ||
injunction issued in accordance with this section shall be subject | ||
to civil contempt, and shall be fined Ten Thousand Dollars | ||
($10,000.00) for the first violation, Fifty Thousand Dollars | ||
($50,000.00) for the second violation, One Hundred Thousand Dollars | ||
($100,000.00) for the third violation, and for each succeeding | ||
violation an amount in excess of One Hundred Thousand Dollars | ||
($100,000.00) that is sufficient to deter future violations. The | ||
fines shall be the exclusive penalties for such contempt. Each | ||
performance or attempted provision of an abortion in violation of | ||
the terms of an injunction is a separate violation. These fines | ||
shall be cumulative. No fine shall be assessed against the woman | ||
for whom an abortion is provided or attempted. | ||
(d) A pregnant woman for whom an abortion has been provided | ||
in violation of any section of this act, or the parent or legal | ||
guardian of the woman if she is an unemancipated minor subject to | ||
Chapter 33, Family Code, may commence a civil action against the | ||
abortion provider for any knowing or reckless violation of this act | ||
for actual and punitive damages. | ||
(e) An abortion provider who provides an abortion in | ||
violation of any section of this act shall be considered to have | ||
engaged in unprofessional conduct for which the provider's | ||
certificate or license to provide health care services in this | ||
state shall be revoked by the State Medical Board. | ||
SECTION 2. The purpose of this Act is to protect the health | ||
and safety of women. | ||
SECTION 3. 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. |