Bill Text: TX SB16 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to informed consent to an abortion.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2011-04-29 - Referred to State Affairs [SB16 Detail]
Download: Texas-2011-SB16-Engrossed.html
By: Patrick, et al. | S.B. No. 16 |
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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) "Medical emergency" means a condition exists that, | ||
in a physician's good faith clinical judgment, complicates the | ||
medical condition of the pregnant woman and necessitates the | ||
immediate abortion of her pregnancy to avert her death or to avoid a | ||
serious risk of substantial impairment of a major bodily function. | ||
SECTION 2. Subsections (a), (b), and (c), Section 171.012, | ||
Health and Safety Code, are amended 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) at least two hours before the abortion: | ||
(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, 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) I UNDERSTAND THAT I HAVE A RIGHT TO VIEW THE | ||
SONOGRAM IMAGES. I ELECT ___ TO VIEW ___ NOT TO VIEW | ||
THE SONOGRAM IMAGES. | ||
(4) I UNDERSTAND THAT I HAVE A RIGHT TO HEAR THE | ||
HEART AUSCULTATION. I ELECT ___ TO HEAR ___ NOT TO | ||
HEAR THE HEART AUSCULTATION. | ||
(5) I ELECT TO ___ RECEIVE ___ NOT RECEIVE A VERBAL | ||
EXPLANATION OF THE SONOGRAM IMAGES (CHECK ONE OF THE | ||
FOLLOWING): | ||
___ BECAUSE 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. | ||
___ BECAUSE I AM A MINOR AND OBTAINING AN ABORTION | ||
IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER | ||
CHAPTER 33, TEXAS FAMILY CODE. | ||
___ BECAUSE MY FETUS HAS AN IRREVERSIBLE MEDICAL | ||
CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE | ||
DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL | ||
FILE. | ||
I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND | ||
WITHOUT COERCION. | ||
________________________________________ | ||
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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(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: | ||
(1) orally by telephone or in person; and | ||
(2) at least 24 hours before the abortion is to be | ||
performed. | ||
(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 and 171.0122 to read as | ||
follows: | ||
Sec. 171.0121. 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, as | ||
described by this section. | ||
Sec. 171.0122. 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. Subsection (a), Section 171.013, 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. Subsection (a), Section 164.055, Occupations | ||
Code, is amended to read as follows: | ||
(a) The board may take an appropriate disciplinary action | ||
against a physician who violates Section 170.002 or Chapter 171, | ||
Health and Safety Code. The board may refuse to admit to | ||
examination or refuse to issue a license or renewal license to a | ||
person who violates that section or chapter. | ||
SECTION 7. 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 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 the 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. |