SRC-CDH S.B. 490 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 490
By: Patterson
Health & Human Services
3-7-97
As Filed


DIGEST 

Currently, Texas law contains no provisions regarding informed consent to
the performance of an abortion.  This legislation prohibits a physician
from performing an abortion without the voluntary and informed consent of
the patient at least 72 hours before the performance of an abortion.  In
addition, S.B. 490 provides that consent to an abortion involves the oral
communication of information between physician and patient relating to the
abortion procedure to be used, alternatives to the procedure, the medical
and psychological risks involved, the medical risks of carrying the child
to term, and the probable development of the fetus at the time of the
abortion date.  Finally, this bill requires the Texas Department of Human
Services to publish and disseminate abortion-related informational
materials in an attempt to better educate women considering abortion and
allows for disciplinary action against a physician for the violation of
specific subsections.   

PURPOSE

As proposed, S.B. 490 establishes informed consent to the performance of
an abortion. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Human Services
in SECTION 2 (Section 166.001, Health and Safety Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 4.011, Article 4495b, V.T.C.S. (Medical Practice
Act), by adding Subsections (b-1), (b-2), and (g), and amending
Subsections (c) and (e), to prohibit a physician, except in the case of a
medical emergency, from intentionally or knowingly performing an abortion
without the voluntary and informed consent of the woman on whom the
abortion is to be performed. Provides that consent to an abortion is
voluntary and informed only if at least 72 hours before the abortion is
performed, the physician or a registered nurse orally informs the woman on
whom the abortion is to be performed of certain information; the woman
certifies her informed consent in writing; and the physician receives a
copy of the written certification before the abortion is performed.
Requires the Texas Department of Health to adopt the form and content of
the information to be provided under Subsection (b-2)(1) of this section.
Makes conforming changes. 

SECTION 2. Amends Title 2H, Health and Safety Code, by adding Chapter 166,
as follows: 

CHAPTER 166.  INFORMATION TO BE PROVIDED TO WOMEN CONSIDERING ABORTION 

Sec. 166.001.  INFORMATIONAL MATERIALS.  Sets forth the terms by which the
Texas Department of Human Services (department) is required to publish
certain abortion-related informational materials.  Requires the department
to adopt rules necessary for considering and making changes to the
materials.   

Sec. 166.002.  INFORMATION RELATING TO PUBLIC AND PRIVATE AGENCIES.
Requires the informational materials to include either geographically
indexed materials designed to inform the woman of public and private
agencies and services available to assist a woman through pregnancy,
childbirth, and the child's dependency; or a toll-free, 24-hour  telephone
number that may be called to obtain an oral list and description of such
agencies and the services they offer.   

Sec. 166.003. INFORMATION RELATING TO CHARACTERISTICS OF THE UNBORN CHILD.
Sets forth the terms by which the informational materials are required to
include certain materials designed to inform the woman of the probable
anatomical and physiological characteristics of the unborn child at
various gestational increments, including information on the possibility
of the unborn child's survival.   

Sec. 166.004. INFORMATION RELATING TO ABORTION METHODS.  Requires the
informational materials to include an objective description of abortion
procedures commonly used; medical risks commonly associated with each
procedure; possible psychological effects of an abortion; and medical
risks associated with carrying a child to term. 

SECTION 3. Effective date:  September 1, 1997.
  Makes application of this Act prospective to January 1, 1998.

SECTION 4. Requires the Texas Department of Health, not later than
December 15, 1997, to adopt the form and content of the information to be
provided under Chapter 166, Health and Safety Code, as added by this Act.

SECTION 5. Emergency clause.