By Nelson                                               S.B. No. 65
         76R1206 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, 1999, and
5-12     applies only to an abortion performed on or after January 1, 2000.
5-13     An abortion performed before January 1, 2000, 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, 1999, 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.