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  85R1679 SCL-D
 
  By: Huffines S.B. No. 258
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disposition of an unborn child's remains after an
  abortion.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 171.002, Health and Safety Code, is
  amended by adding Subdivision (2-a) to read as follows:
               (2-a)  "Indigent" means an individual who earns not
  more than 155 percent of the income standard established by
  applicable federal poverty guidelines.
         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;
                           (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;
               (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 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)  the physician who is to perform the abortion or the
  physician's agent:
                     (A)  provides the pregnant woman with a
  disposition of remains form described by Section 171.0161; and
                     (B)  informs the pregnant woman that the form:
                           (i)  is provided by the Department of State
  Health Services;
                           (ii)  is accessible on the department's
  Internet website;
                           (iii)  describes the options for the
  disposition of the unborn child's remains and the pregnant woman's
  possible responsibility for the costs incurred in the selected
  disposition;
                           (iv)  includes a section that allows the
  pregnant woman to authorize the physician or physician's agent to
  release the pregnant woman's contact information to a nonprofit
  organization that has registered with the department to pay the
  costs of the selected disposition for pregnant women who are
  indigent; and
                           (v)  must be completed by the pregnant woman
  and received by the physician before the abortion is performed;
               (5)  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;
               (6) [(5)]  before receiving a sonogram under
  Subdivision (5)(A) [(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)-(4)
  [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";
               (7) [(6)]  before the abortion is performed, the
  physician who is to perform the abortion receives:
                     (A)  a copy of the completed disposition of
  remains form required by Subdivision (4); and
                     (B)  a copy of the signed, written certification
  required by Subdivision (6) [(5)]; and
               (8) [(7)]  the pregnant woman is provided the name of
  each person who provides or explains the information required under
  this subsection.
         SECTION 3.  Section 171.0121, Health and Safety Code, is
  amended to read as follows:
         Sec. 171.0121.  MEDICAL RECORD. (a)  Before the abortion
  begins, a copy of both the completed disposition of remains form
  required under Section 171.012(a)(4) and the signed, written
  certification received by the physician under Section
  171.012(a)(7) [171.012(a)(6)] must be placed in the pregnant
  woman's medical records.
         (b)  A copy of the signed, written certification required
  under Sections 171.012(a)(6) [171.012(a)(5)] and (7) [(6)] 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 4.  Sections 171.0122(b), (c), and (d), Health and
  Safety Code, are amended to read as follows:
         (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)(5) [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)(5) [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)(5)(C) [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.
         SECTION 5.  The heading to Section 171.013, Health and
  Safety Code, is amended to read as follows:
         Sec. 171.013.  DISTRIBUTION OF STATE MATERIALS AND FORM.
         SECTION 6.  Section 171.013(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The physician or the physician's agent shall furnish
  copies of the materials described by Section 171.014 and the form
  described by Section 171.0161 to 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).  The physician or the physician's agent
  may furnish the materials and form to the pregnant woman by mail if
  the materials and form are mailed, restricted delivery to
  addressee, at least 72 hours before the abortion is to be performed.
         SECTION 7.  Subchapter B, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.0161 to read as follows:
         Sec. 171.0161.  DISPOSITION OF UNBORN CHILD'S REMAINS: FORM;
  NONPROFIT ORGANIZATION ASSISTANCE REGISTRY; RULES. (a) A pregnant
  woman may decide to inter or cremate the remains of an unborn child
  who is aborted.
         (b)  The department shall develop and maintain a form for a
  pregnant woman to select the method of disposition of the unborn
  child's remains.
         (c)  The form must include:
               (1)  burial and cremation as methods of disposition of
  the unborn child's remains;
               (2)  a statement that if the pregnant woman selects
  burial or cremation of the unborn child's remains, the pregnant
  woman may be responsible for the burial or cremation costs;
               (3)  a space for a pregnant woman who is indigent to
  choose to provide her contact information and to authorize the
  physician or the physician's agent to release the woman's contact
  information to a private nonprofit organization that has registered
  with the department to provide financial assistance for the burial
  or cremation costs;
               (4)  a statement that the pregnant woman may elect to
  have the abortion provider dispose of the unborn child's remains in
  accordance with department rules; and
               (5)  a statement that the pregnant woman may privately
  dispose of the unborn child's remains in a manner that complies with
  department rules but may be held financially responsible for the
  abortion provider's costs of preparing the remains for transport.
         (d)  The form must be:
               (1)  in English and Spanish;
               (2)  easily comprehensible; and
               (3)  in a typeface large enough to be clearly legible.
         (e)  The department shall post the form on the department's
  Internet website.
         (f)  The department shall:
               (1)  establish and maintain a registry of private
  nonprofit organizations that register with the department to
  provide financial assistance for the costs associated with burial
  or cremation of an unborn child's remains for indigent pregnant
  women; and
               (2)  make the registry information available on request
  to a physician, physician's agent, or pregnant woman.
         (g)  The executive commissioner shall adopt rules to
  implement this section.
         SECTION 8.  (a)  The changes in law made by this Act apply
  only to an abortion performed on or after January 1, 2018. An
  abortion performed before that date is governed by the law in effect
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         (b)  Not later than December 1, 2017:
               (1)  the executive commissioner of the Health and Human
  Services Commission shall adopt the rules required to implement
  this Act; and
               (2)  the Department of State Health Services shall
  adopt the forms and procedures necessary to implement this Act.
         SECTION 9.  This Act takes effect September 1, 2017.