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A BILL TO BE ENTITLED
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AN ACT
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relating to informed consent to an abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.002. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Abortion"[, "abortion"] means the use of any |
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means to terminate the pregnancy of a female known by the attending |
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physician to be pregnant with the intention that the termination of |
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the pregnancy by those means will, with reasonable likelihood, |
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cause the death of the fetus. |
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(2) "Medical emergency" means a condition exists that, |
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in a physician's good faith clinical judgment, complicates the |
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medical condition of the pregnant woman and necessitates the |
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immediate abortion of her pregnancy to avert her death or to avoid a |
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serious risk of substantial impairment of a major bodily function. |
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SECTION 2. Subsections (a), (b), and (c), Section 171.012, |
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Health and Safety Code, are amended to read as follows: |
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(a) Consent [Except in the case of a medical emergency,
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consent] to an abortion is voluntary and informed only if: |
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(1) the physician who is to perform the abortion [or
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the referring physician] informs the pregnant woman on whom the |
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abortion is to be performed of: |
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(A) the physician's name [of the physician who
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will perform the abortion]; |
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(B) the particular medical risks associated with |
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the particular abortion procedure to be employed, including, when |
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medically accurate: |
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(i) the risks of infection and hemorrhage; |
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(ii) the potential danger to a subsequent |
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pregnancy and of infertility; and |
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(iii) the possibility of increased risk of |
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breast cancer following an induced abortion and the natural |
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protective effect of a completed pregnancy in avoiding breast |
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cancer; |
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(C) the probable gestational age of the unborn |
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child at the time the abortion is to be performed; and |
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(D) the medical risks associated with carrying |
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the child to term; |
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(2) the physician who is to perform the abortion or the |
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physician's agent informs the pregnant woman that: |
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(A) medical assistance benefits may be available |
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for prenatal care, childbirth, and neonatal care; |
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(B) the father is liable for assistance in the |
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support of the child without regard to whether the father has |
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offered to pay for the abortion; and |
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(C) public and private agencies provide |
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pregnancy prevention counseling and medical referrals for |
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obtaining pregnancy prevention medications or devices, including |
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emergency contraception for victims of rape or incest; [and] |
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(3) the physician who is to perform the abortion or the |
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physician's agent: |
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(A) provides [(D)] the pregnant woman with [has
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the right to review] the printed materials described by Section |
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171.014; and |
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(B) informs the pregnant woman[,] that those |
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materials: |
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(i) have been provided by the [Texas] |
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Department of State Health Services; |
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(ii) [and] are accessible on an Internet |
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website sponsored by the department; |
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(iii) [, and that the materials] describe |
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the unborn child and list agencies that offer alternatives to |
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abortion; and |
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(iv) include a list of agencies that offer |
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sonogram services at no cost to the pregnant woman; |
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(4) at least two hours before the abortion: |
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(A) the physician who is to perform the abortion |
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or an agent of the physician who is also a sonographer certified by |
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a national registry of medical sonographers performs a sonogram on |
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the pregnant woman on whom the abortion is to be performed; |
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(B) the physician who is to perform the abortion |
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displays the sonogram images in a quality consistent with current |
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medical practice in a manner that the pregnant woman may view them; |
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(C) the physician who is to perform the abortion |
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provides, in a manner understandable to a layperson, a verbal |
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explanation of the results of the sonogram images, including a |
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medical description of the dimensions of the embryo or fetus, the |
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presence of cardiac activity, and the presence of external members |
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and internal organs; and |
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(D) the physician who is to perform the abortion |
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or an agent of the physician who is also a sonographer certified by |
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a national registry of medical sonographers makes audible the heart |
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auscultation for the pregnant woman to hear, if present, in a |
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quality consistent with current medical practice and provides, in a |
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manner understandable to a layperson, a simultaneous verbal |
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explanation of the heart auscultation; |
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(5) before receiving a sonogram under Subdivision |
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(4)(A) and [(3) the woman certifies in writing] before the abortion |
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is performed, the pregnant woman completes and certifies with her |
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signature an election form that states as follows: |
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"ABORTION AND SONOGRAM ELECTION |
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(1) THE INFORMATION AND PRINTED MATERIALS |
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DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH |
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AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO |
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ME. |
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(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF |
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AN ABORTION. |
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(3) I UNDERSTAND THAT I HAVE A RIGHT TO VIEW THE |
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SONOGRAM IMAGES. I ELECT ___ TO VIEW ___ NOT TO VIEW |
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THE SONOGRAM IMAGES. |
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(4) I UNDERSTAND THAT I HAVE A RIGHT TO HEAR THE |
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HEART AUSCULTATION. I ELECT ___ TO HEAR ___ NOT TO |
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HEAR THE HEART AUSCULTATION. |
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(5) I ELECT TO ___ RECEIVE ___ NOT RECEIVE A VERBAL |
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EXPLANATION OF THE SONOGRAM IMAGES (CHECK ONE OF THE |
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FOLLOWING): |
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___ BECAUSE I AM PREGNANT AS A RESULT OF A SEXUAL |
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ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL |
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CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT |
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AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I |
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REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK |
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OF RETALIATION RESULTING IN SERIOUS BODILY INJURY. |
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___ BECAUSE I AM A MINOR AND OBTAINING AN ABORTION |
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IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER |
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CHAPTER 33, TEXAS FAMILY CODE. |
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___ BECAUSE MY FETUS HAS AN IRREVERSIBLE MEDICAL |
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CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE |
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DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL |
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FILE. |
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I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND |
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WITHOUT COERCION. |
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________________________________________ |
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SIGNATURE DATE" |
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[that the information described by Subdivisions (1) and (2) has
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been provided to her and that she has been informed of her
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opportunity to review the information described by Section
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171.014]; [and] |
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(6) [(4)] before the abortion is performed, the |
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physician who is to perform the abortion receives a copy of the |
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signed, written certification required by Subdivision (5); and |
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(7) the pregnant woman is provided the name of each |
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person who provides or explains the information required under this |
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subsection [(3)]. |
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(b) The information required to be provided under |
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Subsections (a)(1) and (2) may not be provided by audio or video |
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recording and must be provided: |
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(1) orally by telephone or in person; and |
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(2) at least 24 hours before the abortion is to be |
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performed. |
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(c) When providing the information under Subsection (a)(3) |
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[(a)(2)(D)], the physician or the physician's agent must provide |
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the pregnant woman with the address of the Internet website on which |
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the printed materials described by Section 171.014 may be viewed as |
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required by Section 171.014(e). |
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SECTION 3. Subchapter B, Chapter 171, Health and Safety |
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Code, is amended by adding Sections 171.0121 and 171.0122 to read as |
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follows: |
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Sec. 171.0121. VIEWING PRINTED MATERIALS AND SONOGRAM |
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IMAGE; HEARING HEART AUSCULTATION OR VERBAL EXPLANATION. (a) A |
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pregnant woman may choose not to view the printed materials |
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provided under Section 171.012(a)(3) after she has been provided |
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the materials. |
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(b) A pregnant woman may choose not to view the sonogram |
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images required to be provided to and reviewed with the pregnant |
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woman under Section 171.012(a)(4). |
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(c) A pregnant woman may choose not to hear the heart |
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auscultation required to be provided to and reviewed with the |
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pregnant woman under Section 171.012(a)(4). |
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(d) A pregnant woman may choose not to receive the verbal |
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explanation of the results of the sonogram images under Section |
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171.012(a)(4)(C) if: |
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(1) the woman's pregnancy is a result of a sexual |
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assault, incest, or other violation of the Penal Code that has been |
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reported to law enforcement authorities or that has not been |
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reported because she has a reason that she declines to reveal |
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because she reasonably believes that to do so would put her at risk |
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of retaliation resulting in serious bodily injury; |
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(2) the woman is a minor and obtaining an abortion in |
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accordance with judicial bypass procedures under Chapter 33, Family |
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Code; or |
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(3) the fetus has an irreversible medical condition or |
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abnormality, as previously identified by reliable diagnostic |
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procedures and documented in the woman's medical file. |
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(e) The physician and the pregnant woman are not subject to |
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a penalty under this chapter solely because the pregnant woman |
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chooses not to view the printed materials or the sonogram images, |
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hear the heart auscultation, or receive the verbal explanation, as |
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described by this section. |
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Sec. 171.0122. EXCEPTION FOR MEDICAL EMERGENCY. A |
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physician may perform an abortion without obtaining informed |
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consent under this subchapter in a medical emergency. A physician |
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who performs an abortion in a medical emergency shall: |
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(1) include in the patient's medical records a |
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statement signed by the physician certifying the nature of the |
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medical emergency; and |
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(2) not later than the 30th day after the date the |
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abortion is performed, certify to the Department of State Health |
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Services the specific medical condition that constituted the |
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emergency. |
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SECTION 4. Subsection (a), Section 171.013, Health and |
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Safety Code, is amended to read as follows: |
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(a) The [If the woman chooses to view the materials
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described by Section 171.014, the] physician or the physician's |
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agent shall furnish copies of the materials described by Section |
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171.014 to the pregnant woman [her] at least 24 hours before the |
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abortion is to be performed and shall direct the pregnant woman to |
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the Internet website required to be published under Section |
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171.014(e). The [A] physician or the physician's agent may furnish |
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the materials to the pregnant woman by mail if the materials are |
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mailed, restricted delivery to addressee, at least 72 hours before |
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the abortion is to be performed. |
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SECTION 5. Section 171.015, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE |
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AGENCIES. The informational materials must include [either]: |
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(1) geographically indexed materials designed to |
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inform the pregnant woman of public and private agencies and |
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services that: |
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(A) are available to assist a woman through |
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pregnancy, childbirth, and the child's dependency, including: |
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(i) a comprehensive list of adoption |
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agencies; |
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(ii) a description of the services the |
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adoption agencies offer; [and] |
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(iii) a description of the manner, |
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including telephone numbers, in which an adoption agency may be |
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contacted; and |
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(iv) a comprehensive list of agencies and |
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organizations that offer sonogram services at no cost to the |
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pregnant woman; |
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(B) do not provide abortions or abortion-related |
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services or make referrals to abortion providers; and |
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(C) are not affiliated with organizations that |
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provide abortions or abortion-related services or make referrals to |
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abortion providers; and [or] |
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(2) a toll-free, 24-hour telephone number that may be |
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called to obtain an oral list and description of agencies described |
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by Subdivision (1) that are located near the caller and of the |
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services the agencies offer. |
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SECTION 6. Subsection (a), Section 164.055, Occupations |
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Code, is amended to read as follows: |
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(a) The board may take an appropriate disciplinary action |
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against a physician who violates Section 170.002 or Chapter 171, |
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Health and Safety Code. The board may refuse to admit to |
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examination or refuse to issue a license or renewal license to a |
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person who violates that section or chapter. |
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SECTION 7. The purposes of this Act include, but are not |
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limited to: |
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(1) protecting the physical and psychological health |
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and well-being of pregnant women; |
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(2) providing pregnant women access to information |
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that would allow her to consider the impact an abortion would have |
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on her unborn child; and |
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(3) protecting the integrity and ethical standards of |
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the medical profession. |
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SECTION 8. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of the Act are severable. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |