Bill Text: TX SB2243 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to required counseling before an abortion is performed.
Spectrum: Moderate Partisan Bill (Republican 8-1)
Status: (Engrossed - Dead) 2019-05-09 - Referred to Public Health [SB2243 Detail]
Download: Texas-2019-SB2243-Engrossed.html
By: Paxton, et al. | S.B. No. 2243 |
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relating to required counseling before an abortion is performed. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 171, Health and Safety | ||
Code, is amended by adding Section 171.01205 to read as follows: | ||
Sec. 171.01205. PRE-ABORTION COUNSELING REQUIRED. (a) In | ||
addition to the informed consent requirements under Section | ||
171.012, except during a medical emergency, and before the abortion | ||
is performed, the physician who is to perform an abortion shall | ||
certify using a unique identifying number, devoid of personally | ||
identifying information of the pregnant woman on whom the abortion | ||
is to be performed, that: | ||
(1) the pregnant woman received pre-abortion | ||
counseling at no cost to the pregnant woman from a counselor who: | ||
(A) meets the qualifications established by | ||
commission rule; | ||
(B) is not employed by, is not contracted with, | ||
and does not have a pecuniary interest in a facility licensed under | ||
Chapter 245; | ||
(C) is authorized under a contract with the | ||
commission to provide counseling services in accordance with this | ||
subsection; and | ||
(D) provides the certification described by | ||
Subdivision (3) not later than one business day or as soon as | ||
practicable after the date of the woman's initial appointment with | ||
the counselor; | ||
(2) the counselor provided the pregnant woman in | ||
accordance with commission rules: | ||
(A) medically accurate information using the | ||
informational materials described by Section 171.014; | ||
(B) an assessment of and offer of assistance in | ||
obtaining support services other than abortion that the pregnant | ||
woman may need or be eligible for, including housing, employment, | ||
resume development, child care, medical care, adoption services, | ||
and health benefit plan coverage; | ||
(C) education on available state and local | ||
resources to address the pregnant woman's socioeconomic needs; and | ||
(D) screening for family violence, coercion of | ||
abortion, and human trafficking; and | ||
(3) the counselor certified using a unique identifying | ||
number, devoid of personally identifying information of the | ||
pregnant woman, that the pregnant woman completed the counseling. | ||
(b) A counselor described by Subsection (a) shall report to | ||
the commission de-identified demographic information obtained | ||
through counseling provided under that subsection to assist the | ||
commission in determining the supply and demand of social services | ||
in the pregnant woman's geographic region. | ||
SECTION 2. Section 171.0121, Health and Safety Code, is | ||
amended 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) and documentation of the | ||
completed counseling required under Section 171.01205 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) and documentation of the | ||
completed counseling required under Section 171.01205 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. | ||
SECTION 3. (a) Notwithstanding Section 171.01205, Health | ||
and Safety Code, as added by this Act, and Section 171.0121, Health | ||
and Safety Code, as amended by this Act, a physician is not required | ||
to comply with the changes in law made by this Act before March 1, | ||
2021. | ||
(b) Not later than December 1, 2020, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules as necessary to implement this Act. | ||
(c) Not later than March 1, 2021, the Health and Human | ||
Services Commission shall contract with one or more counseling | ||
providers throughout the state to provide the services described by | ||
Section 171.01205, Health and Safety Code, as added by this Act. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
an abortion performed on or after March 1, 2021. An abortion | ||
performed before March 1, 2021, is governed by the law applicable to | ||
the abortion immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
SECTION 5. It is the intent of the legislature that every | ||
provision, section, subsection, sentence, clause, phrase, or word | ||
in this Act, and every application of the provisions in this Act to | ||
each person or entity, are severable from each other. If any | ||
application of any provision in this Act to any person, group of | ||
persons, or circumstances is found by a court to be invalid for any | ||
reason, the remaining applications of that provision to all other | ||
persons and circumstances shall be severed and may not be affected. | ||
SECTION 6. The Health and Human Services Commission is | ||
required to implement a provision of this Act only if the | ||
legislature appropriates money specifically for that purpose. If | ||
the legislature does not appropriate money specifically for that | ||
purpose, the commission may, but is not required to, implement a | ||
provision of this Act using other appropriations available for that | ||
purpose. | ||
SECTION 7. This Act takes effect September 1, 2019. |