Bill Text: TX SB34 | 2013 | 83rd Legislature 2nd Special Session | Introduced

Bill Title: Relating to informed consent to an abortion.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2013-07-09 - Filed [SB34 Detail]

Download: Texas-2013-SB34-Introduced.html
  83S20090 SCL-D
 
  By: Rodriguez, et al. S.B. No. 34
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.  DEFINITION [DEFINITIONS].  In this chapter,
  "abortion"[:
               [(1)  "Abortion"] means the use of any 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.  Sections 171.012(a), (b), and (c), Health and
  Safety Code, are amended to read as follows:
         (a)  Except in the case of a medical emergency, consent
  [Consent] to an abortion is voluntary and informed only if:
               (1)  the physician who is to perform the abortion or the
  referring physician informs the [pregnant] woman on whom the
  abortion is to be performed of:
                     (A)  the [physician's] name of the physician who
  will perform the abortion;
                     (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; and
                     (D)  the woman has the right to review [(3)     the
  physician who is to perform the abortion or the physician's agent:
                     [(A)  provides  the pregnant woman with] the
  printed materials described by Section 171.014,[; and
                     [(B)  informs the pregnant woman] that those
  materials[:
                           [(i)]  have been provided by the Department
  of State Health Services and[;
                           [(ii)]  are accessible on an Internet
  website sponsored by the department, and that the materials[;
                           [(iii)] describe 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];
               (3)  the woman certifies in writing [(5)     before
  receiving a sonogram under Subdivision (4)(A) and] before the
  abortion is performed that the information described by
  Subdivisions (1) and (2) has been provided to her and that she has
  been informed of her opportunity to review the information
  described by Section 171.014 [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"]; and
               (4) [(6)]  before the abortion is performed, the
  physician who is to perform the abortion receives a copy of the
  [signed,] written certification required by Subdivision (3) [(5);
  and
               [(7)     the pregnant woman is provided the name of each
  person who provides or explains the information required under this
  subsection].
         (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 by telephone or [and] in person [in a
  private 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]; and [or]
               (2)  at least 24 hours before the abortion is to be
  performed [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].
         (c)  When providing the information under Subsection
  (a)(2)(D) [(a)(3)], the physician or the physician's agent must
  provide 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.  Section 171.013(a), Health and Safety Code, is
  amended to read as follows:
         (a)  If the woman chooses to view the materials described by
  Section 171.014, the [The] physician or the physician's agent shall
  furnish copies of the materials [described by Section 171.014] to
  her [the pregnant woman] at least 24 hours before the abortion is to
  be performed [and shall direct the pregnant woman to the Internet
  website required to be published under Section 171.014(e)].  A
  [The] physician or the physician's agent may furnish 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 4.  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 either:
               (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; and
                           (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; or [and]
               (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 5.  Section 245.006(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The department may [shall] inspect an abortion facility
  at [random, unannounced, and] reasonable times as necessary to
  ensure compliance with this chapter [and Subchapter B, Chapter
  171].
         SECTION 6.  Section 164.055(a), Occupations Code, is amended
  to read as follows:
         (a)  The board may [shall] take an appropriate disciplinary
  action against a physician who violates Section 170.002 [or Chapter
  171], Health and Safety Code.  The board may [shall] 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 following laws are repealed:
               (1)  Sections 171.012(a-1), 171.0121, 171.0122,
  171.0123, 171.0124, 243.017, and 245.024, Health and Safety Code;
               (2)  Section 241.007, Health and Safety Code, as added
  by Chapter 73 (H.B. 15), Acts of the 82nd Legislature, Regular
  Session, 2011; and
               (3)  Section 164.0551, Occupations Code.
         SECTION 8.  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 on the 91st day after the last day of the
  legislative session.

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