85R3125 SCL-D
 
  By: Farrar H.B. No. 746
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the medical accuracy of informational materials given
  to a woman seeking an abortion.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 171.002(4), Health and Safety Code, is
  amended to read as follows:
               (4)  "Sonogram" means the use of ultrasonic waves for
  diagnostic or therapeutic purposes, specifically to monitor an
  embryo or fetus [unborn child].
         SECTION 2.  Section 171.012(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Consent to an abortion is voluntary and informed only
  if:
               (1)  the physician who is to perform the abortion
  informs the pregnant woman on whom the abortion is to be performed
  of:
                     (A)  the physician's name;
                     (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;
  and
                           (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 embryo or
  fetus [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;
               (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;
                           (ii)  are accessible on an Internet website
  sponsored by the department;
                           (iii)  describe the embryo or fetus [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;
               (5)  before receiving a sonogram under Subdivision
  (4)(A) and before the abortion is performed 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";
               (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 (5); and
               (7)  the pregnant woman is provided the name of each
  person who provides or explains the information required under this
  subsection.
         SECTION 3.  Section 171.014(f), Health and Safety Code, is
  amended to read as follows:
         (f)  In addition to any other organization or entity, the
  department shall use the American College of Obstetricians and
  Gynecologists as the resource in developing information required to
  be provided under Sections 171.012(a)(1)(B) and (D), Sections
  171.012(a)(2)(A), (B), and (C), and Section 171.016, and in
  maintaining the department's Internet website. Information
  described by this subsection must be verified and supported by
  research that is recognized as medically accurate, objective, and
  complete by the National Institutes of Health and affiliated
  organizations.
         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:
               (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;
                           (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; and
                     (B)  are available to provide information and
  services related to family planning [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
               (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 171.016, Health and Safety Code, is
  amended to read as follows:
         Sec. 171.016.  INFORMATION RELATING TO CHARACTERISTICS OF
  EMBRYO OR FETUS [UNBORN CHILD]. (a) The informational materials
  must include materials designed to inform the woman of the probable
  anatomical and physiological characteristics of the embryo or fetus
  [unborn child] at two-week gestational increments from the time
  when a woman can be known to be pregnant to full term, including any
  relevant information on the possibility of the embryo's or fetus's
  [unborn child's] survival.
         (b)  The materials must include color pictures representing
  the development of the embryo or fetus [child] at two-week
  gestational increments. The pictures must contain the dimensions
  of the embryo or fetus [unborn child] and must be realistic.
         (c)  The materials provided under this section must be
  objective and nonjudgmental and be designed to convey only accurate
  scientific information about the embryo or fetus [unborn child] at
  the various gestational ages. Information in the materials must be
  verified and supported by research that is recognized as medically
  accurate, objective, and complete by the National Institutes of
  Health and affiliated organizations.
         SECTION 6.  (a)  By not later than December 1, 2017, the
  Department of State Health Services shall:
               (1)  revise the informational materials the department
  is required to publish under Section 171.014, Health and Safety
  Code, as amended by this Act; and
               (2)  make the materials available for distribution.
         (b)  The changes in law made by this Act apply only to the
  information a physician is required to provide under Section
  171.012, Health and Safety Code, as amended by this Act, on or after
  January 1, 2018.
         SECTION 7.  This Act takes effect September 1, 2017.