By Patterson S.B. No. 490
75R5025 MCK-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), and (g) and amending Subsections (c) and
1-7 (e) to read as follows:
1-8 (b-1) Except in the case of a medical emergency, a physician
1-9 may not intentionally or knowingly perform an abortion without the
1-10 voluntary and informed consent of the woman on whom the abortion is
1-11 to be performed.
1-12 (b-2) Consent to an abortion is voluntary and informed only
1-13 if:
1-14 (1) at least 72 hours before the time the abortion is
1-15 to be performed, the physician, or a registered nurse on the
1-16 physician's behalf, orally informs the woman on whom the abortion
1-17 is to be performed of:
1-18 (A) the abortion procedure to be used;
1-19 (B) the medical risks associated with the
1-20 procedure, including, when medically accurate:
1-21 (i) the risks of infection, hemorrhage,
1-22 and breast cancer; and
1-23 (ii) the potential danger to a subsequent
1-24 pregnancy and of infertility;
2-1 (C) the medical risks of carrying the child to
2-2 term;
2-3 (D) the possible psychological effects of an
2-4 abortion;
2-5 (E) alternatives to the procedure, including
2-6 adoption, and how the alternatives may be carried out; and
2-7 (F) the probable gestational age of the fetus,
2-8 the physical characteristics of the fetus, and the development of
2-9 the fetus as of the date the abortion is to be performed;
2-10 (2) the woman certifies in writing before the abortion
2-11 that the information described in Subdivision (1) of this
2-12 subsection has been provided to her and that she has not been
2-13 coerced into getting an abortion; and
2-14 (3) before the abortion is performed, the physician
2-15 who is to perform the abortion receives a copy of the written
2-16 certification required by Subdivision (2) of this subsection.
2-17 (c) The board may take any appropriate disciplinary action
2-18 against a practitioner of medicine who violates Subsection (b) or
2-19 (b-1) of this section. The board may refuse to admit to
2-20 examination or refuse to issue a license or renewal license to a
2-21 person who violates Subsection (b) or (b-1) of this section.
2-22 (e) The sanctions provided by Subsection (c) of this section
2-23 are in addition to any other grounds for refusal to admit persons
2-24 to examination under this Act or to issue a license or renew a
2-25 license to practice medicine under this Act. The criminal
2-26 penalties provided by Section 3.07(a) of this Act do not apply to
2-27 Subsection (b) or (b-1) of this section.
3-1 (g) The Texas Department of Health shall adopt the form and
3-2 content of the information to be provided under Subsection (b-2)(1)
3-3 of this section.
3-4 SECTION 2. Subtitle H, Title 2, Health and Safety Code, is
3-5 amended by adding Chapter 166 to read as follows:
3-6 CHAPTER 166. INFORMATION TO BE PROVIDED TO WOMEN
3-7 CONSIDERING ABORTION
3-8 Sec. 166.001. INFORMATIONAL MATERIALS. (a) The department
3-9 shall publish informational materials that include:
3-10 (1) the information required to be provided under
3-11 Section 4.011(b-2)(1), Medical Practice Act (Article 4495b,
3-12 Vernon's Texas Civil Statutes); and
3-13 (2) the materials required by Sections 166.002,
3-14 166.003, and 166.004.
3-15 (b) The materials shall be published in:
3-16 (1) English and Spanish;
3-17 (2) an easily comprehensible form; and
3-18 (3) a typeface large enough to be clearly legible.
3-19 (c) The materials shall be available at no cost from the
3-20 department on request. The department shall provide appropriate
3-21 quantities of the materials to any person.
3-22 (d) The department shall annually review the materials to
3-23 determine if changes to the contents of the materials are
3-24 necessary. The department shall adopt rules necessary for
3-25 considering and making changes to the materials.
3-26 Sec. 166.002. INFORMATION RELATING TO PUBLIC AND PRIVATE
3-27 AGENCIES. The informational materials must include either:
4-1 (1) geographically indexed materials designed to
4-2 inform the woman of public and private agencies and services
4-3 available to assist a woman through pregnancy, childbirth, and the
4-4 child's dependency, including:
4-5 (A) a comprehensive list of adoption agencies;
4-6 (B) a description of the services the adoption
4-7 agencies offer; and
4-8 (C) a description of the manner, including
4-9 telephone numbers, in which an adoption agency may be contacted; or
4-10 (2) a toll-free, 24-hour telephone number that may be
4-11 called to obtain an oral list and description of agencies described
4-12 by Subdivision (1) that are located near the caller and of the
4-13 services the agencies offer.
4-14 Sec. 166.003. INFORMATION RELATING TO CHARACTERISTICS OF THE
4-15 UNBORN CHILD. (a) The informational materials must include
4-16 materials designed to inform the woman of the probable anatomical
4-17 and physiological characteristics of the unborn child at two-week
4-18 gestational increments from the time when a woman can be known to
4-19 be pregnant to full term, including any relevant information on the
4-20 possibility of the unborn child's survival.
4-21 (b) The materials must include pictures or drawings
4-22 representing the development of the child at two-week gestational
4-23 increments. The pictures or drawings must contain the dimensions
4-24 of the unborn child and must be realistic.
4-25 (c) The materials provided under this section must be
4-26 objective and nonjudgmental and be designed to convey only accurate
4-27 scientific information about the unborn child at the various
5-1 gestational ages.
5-2 Sec. 166.004. INFORMATION RELATING TO ABORTION METHODS. The
5-3 informational materials must include an objective description of:
5-4 (1) abortion procedures commonly used;
5-5 (2) medical risks commonly associated with each
5-6 procedure;
5-7 (3) the possible psychological effects of an abortion;
5-8 and
5-9 (4) medical risks commonly associated with carrying a
5-10 child to term.
5-11 SECTION 3. This Act takes effect September 1, 1997, and
5-12 applies only to an abortion performed on or after January 1, 1998.
5-13 An abortion performed before January 1, 1998, is governed by the
5-14 law as it existed immediately before the effective date of this
5-15 Act, and that law is continued in effect for that purpose.
5-16 SECTION 4. Not later than December 15, 1997, the Texas
5-17 Department of Health shall adopt the form and content of the
5-18 information to be provided under Chapter 166, Health and Safety
5-19 Code, as added by this Act.
5-20 SECTION 5. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.