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.