82R1336 NAJ-F
	By: Patrick	S.B. No. 16

	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.  DEFINITIONS [DEFINITION].  In this chapter:
	(1)  "Abortion" [, "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)  "Medical emergency" means a condition exists that,
	in a physician's good faith clinical judgment, complicates the
	medical condition of the pregnant woman and necessitates the
	immediate abortion of her pregnancy to avert her death or to avoid a
	serious risk of substantial impairment of a major bodily function.
	SECTION 2.  Sections 171.012(a), (b), and (c), Health and
	Safety Code, are amended to read as follows:
	(a)  Consent [Except in the case of a medical emergency,
	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 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]
	(3)  the physician who is to perform the abortion or the
	physician's agent:
	(A)  provides [(D)]  the pregnant woman with [has
	the right to review] the printed materials described by Section
	171.014; and
	(B)  informs the pregnant woman [,] that those
	materials:
	(i)  have been provided by the [Texas]
	Department of State Health Services;
	(ii) [and]  are accessible on an Internet
	website sponsored by the department;
	(iii) [, and that the materials]  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)  at least two hours before the abortion, the
	physician who is to perform the abortion or the physician's agent:
	(A)  performs a sonogram on the pregnant woman on
	whom the abortion is to be performed;
	(B)  displays the sonogram images in a quality
	consistent with current medical practice in a manner that the
	pregnant woman may view them;
	(C)  provides, in a manner understandable to a
	layperson, a simultaneous 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)  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) [(3)]  the pregnant woman certifies in a signed,
	written statement [writing] before the abortion is performed that:
	(A)  the information and the printed materials
	described by Subdivisions (1), [and] (2), and (3) have [has] been
	provided and explained to her [and that she has been informed of her
	opportunity to review the information described by Section
	171.014];
	(B)  she has been provided with and has had the
	opportunity to review the sonogram images and hear the heart
	auscultation required by Subdivision (4); and
	(C)  she understands the nature and consequences
	of an abortion;
	(6) [(4)]  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 [(3)].
	(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:
	(1)  orally by telephone or in person; and
	(2)  at least 24 hours before the abortion is to be
	performed.
	(c)  When providing the information under Subsection (a)(3)
	[(a)(2)(D)], 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.  Subchapter B, Chapter 171, Health and Safety
	Code, is amended by adding Sections 171.0121 and 171.0122 to read as
	follows:
	Sec. 171.0121.  VIEWING PRINTED MATERIALS AND SONOGRAM
	IMAGE. (a) A pregnant woman may choose not to view the printed
	materials provided under Section 171.012(a)(3) after she has been
	provided the materials.
	(b)  A pregnant woman may avert her eyes from the sonogram
	images required to be provided to and reviewed with the pregnant
	woman under Section 171.012(a)(4).
	(c)  The physician and the pregnant woman are not subject to
	a penalty under this chapter solely because the pregnant woman
	chooses not to view the printed materials or the sonogram images as
	described by this section.
	Sec. 171.0122.  EXCEPTION FOR MEDICAL EMERGENCY. A
	physician may perform an abortion without obtaining informed
	consent under this subchapter in a medical emergency. A physician
	who performs an abortion in a medical emergency shall:
	(1)  include in the patient's medical records a
	statement signed by the physician certifying the nature of the
	medical emergency; and
	(2)  not later than the seventh day after the date the
	abortion is performed, certify to the Department of State Health
	Services the specific medical condition that constituted the
	emergency.
	SECTION 4.  Section 171.013(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The [If the woman chooses to view the materials
	described by Section 171.014, the] physician or the physician's
	agent shall furnish copies of the materials described by Section
	171.014 to the pregnant woman [her] 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 [A] 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 5.  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; and [or]
	(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 6.  Section 164.055(a), Occupations Code, is amended
	to read as follows:
	(a)  The board may take an appropriate disciplinary action
	against a physician who violates Section 170.002 or Chapter 171,
	Health and Safety Code. The board may 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 purpose of this Act is to protect the health
	and safety of women.
	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 September 1, 2011.