By Harris S.B. No. 311
74R3545 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 providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4.011, Medical Practice Act (Article
1-6 4495b, Vernon's Texas Civil Statutes), is amended by adding
1-7 Subsections (b-1)-(b-6), (d-1), and (g) and amending Subsections
1-8 (c) and (e) to read as follows:
1-9 (b-1) A physician may not intentionally or knowingly perform
1-10 an abortion unless the pregnant woman on whom the abortion is
1-11 performed has:
1-12 (1) received, at least 24 hours before the time the
1-13 abortion is performed, the information described by Subsections
1-14 (b-2) and (b-3) of this section; and
1-15 (2) signed a written acknowledgment of receipt of the
1-16 information and consent to the abortion.
1-17 (b-2) The physician who is to perform the abortion or the
1-18 physician who referred the pregnant woman to that physician must
1-19 orally and in person inform the woman of:
1-20 (1) the nature of the abortion and the risks of and
1-21 alternatives to the abortion that a reasonable patient would
1-22 consider material to the decision of whether to undergo the
1-23 abortion;
1-24 (2) the probable gestational age of the unborn child
2-1 at the time the abortion is to be performed; and
2-2 (3) the medical risks associated with carrying the
2-3 child to term.
2-4 (b-3) In addition to providing the information required by
2-5 Subsection (b-2) of this section, the physician who is to perform
2-6 the abortion or the physician who referred the pregnant woman to
2-7 that physician, or a physician assistant, other health care
2-8 practitioner, or social worker to whom either physician has
2-9 delegated the responsibility, shall inform the pregnant woman that:
2-10 (1) the Texas Department of Health publishes printed
2-11 materials that describe the unborn child and list agencies that
2-12 offer alternatives to abortion and that she has a right to review
2-13 the printed materials and that a copy will be provided to her free
2-14 of charge if she chooses to review it;
2-15 (2) medical assistance benefits may be available for
2-16 prenatal care, childbirth, and neonatal care, and that more
2-17 detailed information on the availability of this assistance is
2-18 contained in the printed materials published by the Texas
2-19 Department of Health; and
2-20 (3) the father of the unborn child is liable to assist
2-21 in the support of the child, even in instances in which the father
2-22 has offered to pay for the abortion.
2-23 (b-4) If the woman chooses to review the materials described
2-24 by Subsection (b-3) of this section, the abortion may not be
2-25 performed until the materials have been provided to her.
2-26 (b-5) A physician or other person is not required to provide
2-27 the information described by Subsection (b-3)(3) of this section if
3-1 the pregnancy is the result of rape.
3-2 (b-6) The information described by Subsections (b-2) and
3-3 (b-3) of this section must be provided after a physician has
3-4 determined that the woman is pregnant.
3-5 (c) The board may take any appropriate disciplinary action
3-6 against a practitioner of medicine who violates Subsection (b) or
3-7 (b-1) of this section. The board may refuse to admit to
3-8 examination or refuse to issue a license or renewal license to a
3-9 person who violates Subsection (b) or (b-1) of this section. The
3-10 board may not discipline a person or refuse to admit to examination
3-11 or issue a license or renewal license to a person under this
3-12 section because the person failed to provide the information
3-13 described by Subsection (b-2) or (b-3) of this section if the board
3-14 determines that the person reasonably believed that furnishing the
3-15 information would have had a severely adverse effect on the
3-16 physical health of the woman.
3-17 (d-1) A physician may perform an abortion before the
3-18 expiration of the time provided by Subsection (b-1) of this section
3-19 if at the time of the abortion the physician concludes in good
3-20 faith according to the physician's best medical judgment that there
3-21 is a substantial risk of death or serious impairment to the
3-22 physical health of the pregnant woman on whom the abortion is to be
3-23 performed and an immediate abortion is necessary to prevent the
3-24 death or impairment.
3-25 (e) The sanctions provided by Subsection (c) of this section
3-26 are in addition to any other grounds for refusal to admit persons
3-27 to examination under this Act or to issue a license or renew a
4-1 license to practice medicine under this Act. The criminal
4-2 penalties provided by Section 3.07(a) of this Act do not apply to
4-3 Subsection (b) or (b-1) of this section.
4-4 (g) A person who violates Subsection (b-1) of this section
4-5 commits an offense. An offense under this subsection is a Class C
4-6 misdemeanor. It is a defense to prosecution under this subsection
4-7 resulting from a failure to provide the information described by
4-8 Subsection (b-2) or (b-3) of this section that the physician
4-9 reasonably believed that furnishing the information would have had
4-10 a severely adverse effect on the physical health of the woman.
4-11 SECTION 2. Subtitle H, Title 2, Health and Safety Code, is
4-12 amended by adding Chapter 165 to read as follows:
4-13 CHAPTER 165. INFORMATION TO BE PROVIDED TO WOMEN CONSIDERING
4-14 ABORTION
4-15 Sec. 165.001. INFORMATION PUBLISHED BY DEPARTMENT. (a) The
4-16 department shall publish a package of materials to be provided
4-17 without charge to women considering abortion. The materials must
4-18 include:
4-19 (1) a listing of agencies that provide assistance to
4-20 pregnant women;
4-21 (2) information on the availability of medical
4-22 assistance benefits for prenatal care, childbirth, and neonatal
4-23 care;
4-24 (3) a statement that it is unlawful for a physician to
4-25 perform an abortion without obtaining the pregnant woman's informed
4-26 consent and that a physician who does so may be liable to her for
4-27 civil damages;
5-1 (4) a statement that the father of a child is liable
5-2 to assist in the support of that child, even in instances in which
5-3 the father has offered to pay for an abortion;
5-4 (5) a statement that the law permits adoptive parents
5-5 to pay costs of prenatal care, childbirth, and neonatal care;
5-6 (6) information relating to the unborn child; and
5-7 (7) information relating to abortion procedures
5-8 commonly used.
5-9 (b) The information shall be published in English and
5-10 Spanish and shall be updated annually.
5-11 Sec. 165.002. AGENCY LISTING. (a) The listing of agencies
5-12 required by Section 165.001(a)(1) must:
5-13 (1) include geographically indexed materials listing
5-14 public and private agencies and services, including adoption
5-15 agencies, available to assist a pregnant woman through pregnancy,
5-16 through childbirth, and during the period that the child is
5-17 dependent on the woman;
5-18 (2) describe the services provided; and
5-19 (3) include the phone number of each listed agency.
5-20 (b) The listing may include each agency's address or other
5-21 information to assist a pregnant woman to contact the agency.
5-22 (c) The department may operate a toll-free telephone number
5-23 to provide the information described by Subsection (a).
5-24 Sec. 165.003. INFORMATION RELATING TO THE UNBORN CHILD. (a)
5-25 The information required by Section 165.001(a)(6) must include:
5-26 (1) a description of the anatomical and physiological
5-27 characteristics of the unborn child at two-week gestational
6-1 increments from fertilization to full term, including pictures or
6-2 drawings representing the development of the unborn child at each
6-3 gestational increment; and
6-4 (2) any relevant information on the possibility of the
6-5 unborn child's survival at each gestational increment.
6-6 (b) The pictures or drawings of an unborn child required by
6-7 Subsection (a)(1) must be correlated to the actual size of the
6-8 unborn child and must be realistic and appropriate for the stage of
6-9 pregnancy that they purport to represent.
6-10 (c) The materials described by this section must be
6-11 objective, nonjudgmental, and designed to convey only accurate
6-12 scientific information about the unborn child at each gestational
6-13 increment.
6-14 Sec. 165.004. INFORMATION RELATING TO ABORTION METHODS. The
6-15 information required by Section 165.001(a)(7) must include an
6-16 objective description of:
6-17 (1) abortion procedures commonly used;
6-18 (2) medical risks commonly associated with each
6-19 procedure; and
6-20 (3) medical risks commonly associated with carrying a
6-21 child to term.
6-22 SECTION 3. In enacting this Act, the legislature recognizes
6-23 existing federal judicial doctrines restricting the powers of the
6-24 legislature in regulating abortion. This Act does not create a
6-25 right to abortion. It is not the intention of the legislature to
6-26 repeal by implication Articles 4512.1, 4512.2, 4512.3, 4512.4, and
6-27 4512.6, Revised Statutes, by enactment of this Act.
7-1 SECTION 4. This Act takes effect September 1, 1995, and
7-2 applies only to an abortion performed on or after January 1, 1996.
7-3 An abortion performed before January 1, 1996, is governed by the
7-4 law as it existed immediately before the effective date of this
7-5 Act, and that law is continued in effect for that purpose.
7-6 SECTION 5. Not later than January 1, 1996, the Texas
7-7 Department of Health shall publish the information required by
7-8 Chapter 165, Health and Safety Code, as added by this Act.
7-9 SECTION 6. The importance of this legislation and the
7-10 crowded condition of the calendars in both houses create an
7-11 emergency and an imperative public necessity that the
7-12 constitutional rule requiring bills to be read on three several
7-13 days in each house be suspended, and this rule is hereby suspended.