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. 3-5 * * * * *