By Ogden H.B. No. 950
74R2770 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to informed consent to the performance of an abortion.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 4.011, Medical Practice Act (Article
1-5 4495b, Vernon's Texas Civil Statutes), is amended by adding
1-6 Subsections (b-1), (b-2), (d-1), and (g) and amending Subsections
1-7 (c) and (e) to read as follows:
1-8 (b-1) A physician may not intentionally or knowingly perform
1-9 an abortion unless the pregnant woman on whom the abortion is
1-10 performed has:
1-11 (1) received, at least 24 hours before the time the
1-12 abortion is performed, the information described by Subsection
1-13 (b-2); and
1-14 (2) signed a written acknowledgment of receipt of the
1-15 information and consent to the abortion.
1-16 (b-2) Before performing an abortion, the physician, or
1-17 another person on the physician's behalf, must describe the
1-18 procedure and must fully inform the pregnant woman on whom the
1-19 abortion is to be performed, to the same extent as would be
1-20 customary for any other surgical procedure, of the medical risks of
1-21 the procedure and alternatives to the procedure, including
1-22 adoption. The physician or other person must also inform the
1-23 pregnant woman of the development of the fetus as of the date the
1-24 abortion would be performed and must provide the pregnant woman a
2-1 list of governmental agencies that provide assistance to pregnant
2-2 women. The physician or other person must provide the information
2-3 required by this subsection to the pregnant woman in person.
2-4 (c) The board may take any appropriate disciplinary action
2-5 against a practitioner of medicine who violates Subsection (b) or
2-6 (b-1) of this section. The board may refuse to admit to
2-7 examination or refuse to issue a license or renewal license to a
2-8 person who violates Subsection (b) or (b-1) of this section.
2-9 (d-1) A physician may perform an abortion before the
2-10 expiration of the time provided by Subsection (b-1) of this section
2-11 if at the time of the abortion the physician concludes in good
2-12 faith according to the physician's best medical judgment that there
2-13 is a substantial risk of death or serious impairment to the
2-14 physical health of the pregnant woman on whom the abortion is to be
2-15 performed and an immediate abortion is necessary to prevent the
2-16 death or impairment.
2-17 (e) The sanctions provided by Subsection (c) of this section
2-18 are in addition to any other grounds for refusal to admit persons
2-19 to examination under this Act or to issue a license or renew a
2-20 license to practice medicine under this Act. The criminal
2-21 penalties provided by Section 3.07(a) of this Act do not apply to
2-22 Subsection (b) or (b-1) of this section.
2-23 (g) The Texas Board of Health shall adopt the form and
2-24 content of the information to be provided under Subsection (b-2) of
2-25 this section.
2-26 SECTION 2. This Act takes effect September 1, 1995, and
2-27 applies only to an abortion performed on or after January 1, 1996.
3-1 An abortion performed before January 1, 1996, is governed by the
3-2 law as it existed immediately before the effective date of this
3-3 Act, and that law is continued in effect for that purpose.
3-4 SECTION 3. Not later than December 15, 1995, the Texas Board
3-5 of Health shall adopt the form and content of the information to be
3-6 provided under Section 4.011(b-2), Medical Practice Act (Article
3-7 4495b, Vernon's Texas Civil Statutes), as added by this Act.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.