1-1     By:  Nelson, Harris, Ogden                              S.B. No. 65
 1-2           (In the Senate - Filed November 24, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Human Services;
 1-4     March 15, 1999, reported favorably by the following vote:  Yeas 3,
 1-5     Nays 2; March 15, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to informed consent to the performance of an abortion.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 4.011, Medical Practice Act (Article
1-11     4495b, Vernon's Texas Civil Statutes), is amended by adding
1-12     Subsections (b-1), (b-2), and (g) and amending Subsections (c) and
1-13     (e) to read as follows:
1-14           (b-1)  Except in the case of a medical emergency, a physician
1-15     may not intentionally or knowingly perform an abortion without the
1-16     voluntary and informed consent of the woman on whom the abortion is
1-17     to be performed.
1-18           (b-2)  Consent to an abortion is voluntary and informed only
1-19     if:
1-20                 (1)  at least 72 hours before the time the abortion is
1-21     to be performed, the physician, or a registered nurse on the
1-22     physician's behalf, orally informs the woman on whom the abortion
1-23     is to be performed of:
1-24                       (A)  the abortion procedure to be used;
1-25                       (B)  the medical risks associated with the
1-26     procedure, including, when medically accurate:
1-27                             (i)  the risks of infection, hemorrhage,
1-28     and breast cancer; and
1-29                             (ii)  the potential danger to a subsequent
1-30     pregnancy and of infertility;
1-31                       (C)  the medical risks of carrying the child to
1-32     term;
1-33                       (D)  the possible psychological effects of an
1-34     abortion;
1-35                       (E)  alternatives to the procedure, including
1-36     adoption, and how the alternatives may be carried out; and
1-37                       (F)  the probable gestational age of the fetus,
1-38     the physical characteristics of the fetus, and the development of
1-39     the fetus as of the date the abortion is to be performed;
1-40                 (2)  the woman certifies in writing before the abortion
1-41     that the information described in Subdivision (1) of this
1-42     subsection has been provided to her and that she has not been
1-43     coerced into getting an abortion; and
1-44                 (3)  before the abortion is performed, the physician
1-45     who is to perform the abortion receives a copy of the written
1-46     certification required by Subdivision (2) of this subsection.
1-47           (c)  The board may take any appropriate disciplinary action
1-48     against a practitioner of medicine who violates Subsection (b) or
1-49     (b-1) of this section.  The board may refuse to admit to
1-50     examination or refuse to issue a license or renewal license to a
1-51     person who violates Subsection (b) or (b-1) of this section.
1-52           (e)  The sanctions provided by Subsection (c) of this section
1-53     are in addition to any other grounds for refusal to admit persons
1-54     to examination under this Act or to issue a license or renew a
1-55     license to practice medicine under this Act.  The criminal
1-56     penalties provided by Section 3.07(a) of this Act do not apply to
1-57     Subsection (b) or (b-1) of this section.
1-58           (g)  The Texas Department of Health shall adopt the form and
1-59     content of the information to be provided under Subsection (b-2)(1)
1-60     of this section.
1-61           SECTION 2.  Subtitle H, Title 2, Health and Safety Code, is
1-62     amended by adding Chapter 166 to read as follows:
 2-1              CHAPTER 166.  INFORMATION TO BE PROVIDED TO WOMEN
 2-2                            CONSIDERING ABORTION
 2-3           Sec. 166.001.  INFORMATIONAL MATERIALS.  (a)  The department
 2-4     shall publish informational materials that include:
 2-5                 (1)  the information required to be provided under
 2-6     Section 4.011(b-2)(1), Medical Practice Act (Article 4495b,
 2-7     Vernon's Texas Civil Statutes); and
 2-8                 (2)  the materials required by Sections 166.002,
 2-9     166.003, and 166.004.
2-10           (b)  The materials shall be published in:
2-11                 (1)  English and Spanish;
2-12                 (2)  an easily comprehensible form; and
2-13                 (3)  a typeface large enough to be clearly legible.
2-14           (c)  The materials shall be available at no cost from the
2-15     department on request.  The department shall provide appropriate
2-16     quantities of the materials to any person.
2-17           (d)  The department shall annually review the materials to
2-18     determine if changes to the contents of the materials are
2-19     necessary.  The department shall adopt rules necessary for
2-20     considering and making changes to the materials.
2-21           Sec. 166.002.  INFORMATION RELATING TO PUBLIC AND PRIVATE
2-22     AGENCIES.  The informational materials must include either:
2-23                 (1)  geographically indexed materials designed to
2-24     inform the woman of public and private agencies and services
2-25     available to assist a woman through pregnancy, childbirth, and the
2-26     child's dependency, including:
2-27                       (A)  a comprehensive list of adoption agencies;
2-28                       (B)  a description of the services the adoption
2-29     agencies offer; and
2-30                       (C)  a description of the manner, including
2-31     telephone numbers, in which an adoption agency may be contacted; or
2-32                 (2)  a toll-free, 24-hour telephone number that may be
2-33     called to obtain an oral list and description of agencies described
2-34     by Subdivision (1) that are located near the caller and of the
2-35     services the agencies offer.
2-36           Sec. 166.003.  INFORMATION RELATING TO CHARACTERISTICS OF THE
2-37     UNBORN CHILD.  (a)  The informational materials must include
2-38     materials designed to inform the woman of the probable anatomical
2-39     and physiological characteristics of the unborn child at two-week
2-40     gestational increments from the time when a woman can be known to
2-41     be pregnant to full term, including any relevant information on the
2-42     possibility of the unborn child's survival.
2-43           (b)  The materials must include pictures or drawings
2-44     representing the development of the child at two-week gestational
2-45     increments.  The pictures or drawings must contain the dimensions
2-46     of the unborn child and must be realistic.
2-47           (c)  The materials provided under this section must be
2-48     objective and nonjudgmental and be designed to convey only accurate
2-49     scientific information about the unborn child at the various
2-50     gestational ages.
2-51           Sec. 166.004.  INFORMATION RELATING TO ABORTION METHODS.  The
2-52     informational materials must include an objective description of:
2-53                 (1)  abortion procedures commonly used;
2-54                 (2)  medical risks commonly associated with each
2-55     procedure;
2-56                 (3)  the possible psychological effects of an abortion;
2-57     and
2-58                 (4)  medical risks commonly associated with carrying a
2-59     child to term.
2-60           SECTION 3.  This Act takes effect September 1, 1999, and
2-61     applies only to an abortion performed on or after January 1, 2000.
2-62     An abortion performed before January 1, 2000, is governed by the
2-63     law as it existed immediately before the effective date of this
2-64     Act, and that law is continued in effect for that purpose.
2-65           SECTION 4.  Not later than December 15, 1999, the Texas
2-66     Department of Health shall adopt the form and content of the
2-67     information to be provided under Chapter 166, Health and Safety
2-68     Code, as added by this Act.
2-69           SECTION 5.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.
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