By Harris S.B. No. 83 76R2789 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to informed consent to the performance of an abortion; 1-3 providing a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 4.011, Medical Practice Act (Article 1-6 4495b, Vernon's Texas Civil Statutes), is amended by adding 1-7 Subsections (b-1)-(b-6), (d-1), and (g) and amending Subsections 1-8 (c) and (e) to read as follows: 1-9 (b-1) A physician may not intentionally or knowingly perform 1-10 an abortion unless the pregnant woman on whom the abortion is 1-11 performed has: 1-12 (1) received, at least 24 hours before the time the 1-13 abortion is performed, the information described by Subsections 1-14 (b-2) and (b-3) of this section; and 1-15 (2) signed a written acknowledgment of receipt of the 1-16 information and consent to the abortion. 1-17 (b-2) The physician who is to perform the abortion or the 1-18 physician who referred the pregnant woman to that physician must 1-19 orally and in person inform the woman of: 1-20 (1) the nature of the abortion and the risks of and 1-21 alternatives to the abortion that a reasonable patient would 1-22 consider material to the decision of whether to undergo the 1-23 abortion; 1-24 (2) the probable gestational age of the unborn child 2-1 at the time the abortion is to be performed; and 2-2 (3) the medical risks associated with carrying the 2-3 child to term. 2-4 (b-3) In addition to providing the information required by 2-5 Subsection (b-2) of this section, the physician who is to perform 2-6 the abortion or the physician who referred the pregnant woman to 2-7 that physician, or a physician assistant, other health care 2-8 practitioner, or social worker to whom either physician has 2-9 delegated the responsibility, shall inform the pregnant woman that: 2-10 (1) the Texas Department of Health publishes printed 2-11 materials that: 2-12 (A) describe the unborn child; and 2-13 (B) list agencies that offer alternatives to 2-14 abortion; 2-15 (2) medical assistance benefits may be available for 2-16 prenatal care, childbirth, and neonatal care, and that more 2-17 detailed information on the availability of this assistance is 2-18 contained in the printed materials published by the Texas 2-19 Department of Health; 2-20 (3) she has a right to review the printed materials 2-21 published by the Texas Department of Health and that a copy of the 2-22 materials will be provided to her free of charge if she chooses to 2-23 review the materials; and 2-24 (4) the father of the unborn child is liable to assist 2-25 in the support of the child, even in instances in which the father 2-26 has offered to pay for the abortion. 2-27 (b-4) If the pregnant woman chooses to review the materials 3-1 described by Subsection (b-3) of this section, the abortion may not 3-2 be performed until the materials have been provided to her. 3-3 (b-5) A physician or other person is not required to provide 3-4 the information described by Subsection (b-3)(4) of this section if 3-5 the pregnancy is the result of rape. 3-6 (b-6) The information described by Subsections (b-2) and 3-7 (b-3) of this section must be provided after a physician has 3-8 determined that the woman is pregnant. 3-9 (c) The board may take any appropriate disciplinary action 3-10 against a practitioner of medicine who violates Subsection (b) or 3-11 (b-1) of this section. The board may refuse to admit to 3-12 examination or refuse to issue a license or renewal license to a 3-13 person who violates Subsection (b) or (b-1) of this section. The 3-14 board may not discipline a person or refuse to admit to examination 3-15 or issue a license or renewal license to a person under this 3-16 section because the person failed to provide the information 3-17 described by Subsection (b-2) or (b-3) of this section if the board 3-18 determines that the person reasonably believed that furnishing the 3-19 information would have had a severely adverse effect on the 3-20 physical health of the pregnant woman. 3-21 (d-1) A physician may perform an abortion before the 3-22 expiration of the time provided by Subsection (b-1) of this section 3-23 if at the time of the abortion the physician concludes in good 3-24 faith according to the physician's best medical judgment that there 3-25 is a substantial risk of death or serious impairment to the 3-26 physical health of the pregnant woman on whom the abortion is to be 3-27 performed and an immediate abortion is necessary to prevent the 4-1 death or impairment. 4-2 (e) The sanctions provided by Subsection (c) of this section 4-3 are in addition to any other grounds for refusal to admit persons 4-4 to examination under this Act or to issue a license or renew a 4-5 license to practice medicine under this Act. The criminal 4-6 penalties provided by Section 3.07(a) of this Act do not apply to 4-7 Subsection (b) or (b-1) of this section. 4-8 (g) A person who violates Subsection (b-1) of this section 4-9 commits an offense. An offense under this subsection is a Class C 4-10 misdemeanor. It is a defense to prosecution under this subsection 4-11 resulting from a failure to provide the information described by 4-12 Subsection (b-2) or (b-3) of this section that the physician 4-13 reasonably believed that furnishing the information would have had 4-14 a severely adverse effect on the physical health of the pregnant 4-15 woman. 4-16 SECTION 2. Subtitle H, Title 2, Health and Safety Code, is 4-17 amended by adding Chapter 166 to read as follows: 4-18 CHAPTER 166. INFORMATION TO BE PROVIDED TO A WOMAN CONSIDERING 4-19 ABORTION 4-20 Sec. 166.001. INFORMATION PUBLISHED BY DEPARTMENT. (a) The 4-21 department shall publish printed materials to be provided without 4-22 charge to a woman considering abortion. The materials must 4-23 include: 4-24 (1) a list of agencies that provide assistance to 4-25 pregnant women; 4-26 (2) information on the availability of medical 4-27 assistance benefits for prenatal care, childbirth, and neonatal 5-1 care; 5-2 (3) a statement that it is unlawful for a physician to 5-3 perform an abortion without obtaining the pregnant woman's informed 5-4 consent and that a physician who does so may be liable to her for 5-5 civil damages; 5-6 (4) a statement that the father of a child is liable 5-7 to assist in the support of that child, even in instances in which 5-8 the father has offered to pay for an abortion; 5-9 (5) a statement that the law permits adoptive parents 5-10 to pay costs of prenatal care, childbirth, and neonatal care; 5-11 (6) information relating to an unborn child; and 5-12 (7) information relating to abortion procedures 5-13 commonly used. 5-14 (b) The department shall publish the materials in English 5-15 and Spanish and shall update the materials annually. 5-16 (c) The department shall provide the materials free of 5-17 charge to any person who requests the materials. 5-18 Sec. 166.002. AGENCY LIST. (a) The list of agencies 5-19 required by Section 166.001(a)(1) must: 5-20 (1) include a geographically indexed list of public 5-21 and private agencies and services, including adoption agencies, 5-22 available to assist a pregnant woman through pregnancy, through 5-23 childbirth, and during the period that the child is dependent on 5-24 the woman; 5-25 (2) describe the services provided by each listed 5-26 agency; and 5-27 (3) include the telephone number of each listed 6-1 agency. 6-2 (b) The list may include each agency's address or other 6-3 information to assist a pregnant woman to contact the agency. 6-4 (c) The department may operate a toll-free telephone number 6-5 to provide the information described by Subsection (a). 6-6 Sec. 166.003. INFORMATION RELATING TO THE UNBORN CHILD. (a) 6-7 The information required by Section 166.001(a)(6) must include: 6-8 (1) a description of the anatomical and physiological 6-9 characteristics of an unborn child at two-week gestational 6-10 increments from fertilization to full term, including pictures or 6-11 drawings representing the development of an unborn child at each 6-12 gestational increment; and 6-13 (2) relevant information on the possibility of an 6-14 unborn child's survival at each gestational increment. 6-15 (b) A picture or drawing of an unborn child required by 6-16 Subsection (a)(1) must be correlated to the actual size of an 6-17 unborn child and must be realistic and appropriate for the stage of 6-18 pregnancy that it purports to represent. 6-19 (c) The materials described by this section must be 6-20 objective, nonjudgmental, and designed to convey only accurate 6-21 scientific information about an unborn child at each gestational 6-22 increment. 6-23 Sec. 166.004. INFORMATION RELATING TO ABORTION METHODS. The 6-24 information required by Section 166.001(a)(7) must include an 6-25 objective description of: 6-26 (1) abortion procedures commonly used; 6-27 (2) medical risks commonly associated with each 7-1 procedure; and 7-2 (3) medical risks commonly associated with carrying a 7-3 child to term. 7-4 SECTION 3. In enacting this Act, the legislature recognizes 7-5 existing federal judicial doctrines restricting the powers of the 7-6 legislature in regulating abortion. This Act does not create a 7-7 right to abortion. It is not the intention of the legislature to 7-8 repeal by implication Articles 4512.1, 4512.2, 4512.3, 4512.4, and 7-9 4512.6, Revised Statutes, by enactment of this Act. 7-10 SECTION 4. This Act takes effect September 1, 1999, and 7-11 applies only to an abortion performed on or after January 1, 2000. 7-12 An abortion performed before January 1, 2000, is governed by the 7-13 law as it existed immediately before the effective date of this 7-14 Act, and that law is continued in effect for that purpose. 7-15 SECTION 5. Not later than December 1, 1999, the Texas 7-16 Department of Health shall publish the information required by 7-17 Chapter 166, Health and Safety Code, as added by this Act. 7-18 SECTION 6. The importance of this legislation and the 7-19 crowded condition of the calendars in both houses create an 7-20 emergency and an imperative public necessity that the 7-21 constitutional rule requiring bills to be read on three several 7-22 days in each house be suspended, and this rule is hereby suspended.