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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 920

80R14930 MCK-D                                                                                                  By: Patrick, Dan

                                                                                                                  Health & Human Services

                                                                                                                                            4/21/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 78th Legislature, Regular Session, 2003, passed the Woman's Right to Know Act (H.B. 15) that requires a doctor who is to perform an abortion to tell the woman that benefits may be available to help with medical care before, during, and after childbirth.  This law also requires the father to help support the child whether or not he has offered to pay for an abortion.  Government and private agencies can counsel the woman in preventing pregnancy, or refer her to a doctor for medications or devices to prevent pregnancy, including emergency contraception for victims of rape and incest.  The woman has the right to look at printed information.  If she chooses to see the material the law describes, the doctor is required to give her a copy of the material at least 24 hours before the abortion is scheduled.  The doctor may instead mail her the materials, with delivery restricted to her, at least 72 hours before the abortion is scheduled.

 

As proposed, S.B. 920 adds the requirement of an ultrasound of the child to the current informed consent laws related to abortion.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 171.012(a), Health and Safety Code, as follows:

 

(a) Provides that, except in the case of a medical emergency, consent to an abortion is voluntary and informed only if, among other things, the physician who is to perform the abortion or the physician's agent performs an obstetric ultrasound on the woman on whom the abortion is to be performed, provides the woman with an obstetric ultrasound image of the unborn child, and reviews the image of the unborn child with the woman who certifies in writing before the abortion is performed that she has been provided with and reviewed the image.

 

SECTION 2.  Makes Section 172.012(a), Health and Safety Code, as amended by this Act, prospective.

 

SECTION 3.  Effective date: upon passage or September 1, 2007.