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.