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A BILL TO BE ENTITLED
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AN ACT
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relating to programs, services, and information related to women's |
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health, family planning, and human sexuality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEMONSTRATION PROJECT FOR WOMEN'S HEALTH CARE |
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SERVICES. Sections 32.0248(a) and (i), Human Resources Code, are |
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amended to read as follows: |
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(a) The department shall establish a seven-year [five-year] |
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demonstration project through the medical assistance program to |
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expand access to preventive health and family planning services for |
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women. A woman eligible under Subsection (b) to participate in the |
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demonstration project may receive appropriate preventive health |
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and family planning services, including: |
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(1) medical history recording and evaluation; |
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(2) physical examinations; |
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(3) health screenings, including screening for: |
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(A) diabetes; |
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(B) cervical cancer; |
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(C) breast cancer; |
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(D) sexually transmitted diseases; |
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(E) hypertension; |
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(F) cholesterol; and |
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(G) tuberculosis; |
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(4) counseling and education on contraceptive methods |
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emphasizing the health benefits of abstinence from sexual activity |
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to recipients who are not married, except for counseling and |
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education regarding emergency contraception; |
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(5) provision of contraceptives, except for the |
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provision of emergency contraception; |
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(6) risk assessment; and |
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(7) referral of medical problems to appropriate |
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providers that are entities or organizations that do not perform or |
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promote elective abortions or contract or affiliate with entities |
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that perform or promote elective abortions. |
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(i) This section expires December 31, 2013 [September 1,
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2011]. |
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SECTION 2. OUTREACH. Subchapter B, Chapter 531, |
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Government Code, is amended by adding Section 531.095 to read as |
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follows: |
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Sec. 531.095. IMPLEMENTATION OF MEASURES TO ACHIEVE |
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CASELOAD AND COST-SAVINGS ESTIMATES. (a) To attain the state and |
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federal cost-savings and reduced rates of unintended pregnancies |
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estimated in the waiver application, or any renewal waiver |
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application, submitted to the Centers for Medicare and Medicaid |
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Services for implementation of the demonstration project for |
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women's health care services authorized under Section 32.0248, |
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Human Resources Code, the commission shall implement effective |
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education, outreach, and other measures designed to increase |
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participation in the demonstration project and through the |
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increased participation achieve the caseload and cost-savings |
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estimates stated in the waiver application. |
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(b) The commission, in complying with Subsection (a), may |
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not take any action to decrease the level of programs and services |
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designed to reduce the number of unintended pregnancies and lower |
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the rates of sexually transmitted diseases to below the level of |
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programs and services provided on September 1, 2011. |
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(c) This section expires December 31, 2013. |
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SECTION 3. HUMAN SEXUALITY INSTRUCTION. Section 28.004, |
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Education Code, is amended by amending Subsections (e) and (i) and |
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adding Subsection (n) to read as follows: |
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(e) Any course materials and instruction relating to human |
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sexuality, sexually transmitted diseases, or human |
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immunodeficiency virus or acquired immune deficiency syndrome |
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shall be selected by the board of trustees with the advice of the |
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local school health advisory council and must: |
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(1) be evidence-based; |
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(2) present abstinence from sexual activity as the |
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preferred choice of behavior in relationship to all sexual activity |
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for unmarried persons of school age; |
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(3) [(2)] devote more attention to abstinence from |
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sexual activity than to any other behavior; |
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(4) [(3)] emphasize that abstinence from sexual |
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activity, if used consistently and correctly, is the only method |
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that is 100 percent effective in preventing pregnancy, sexually |
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transmitted diseases, infection with human immunodeficiency virus, |
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[or] acquired immune deficiency syndrome, and the emotional trauma |
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associated with adolescent sexual activity; |
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(5) [(4)] direct adolescents to a standard of behavior |
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in which abstinence from sexual activity before marriage is the |
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most effective way to prevent pregnancy, sexually transmitted |
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diseases, [and] infection with human immunodeficiency virus, and |
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[or] acquired immune deficiency syndrome; and |
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(6) [(5)] teach contraception and condom use in terms |
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of human use reality rates instead of theoretical laboratory rates, |
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if instruction on contraception and condoms is included in |
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curriculum content. |
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(i) Before each school year, a school district shall provide |
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written notice to a parent of each student enrolled in the district |
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of the board of trustees' decision regarding whether the district |
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will provide human sexuality instruction to district students. If |
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instruction will be provided, the notice must include: |
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(1) a summary of the basic content of the district's |
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human sexuality instruction to be provided to the student, |
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including a statement informing the parent that the instruction is |
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required by [of the instructional requirements under] state law to: |
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(A) present abstinence from sexual activity as |
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the preferred choice of behavior in relationship to all sexual |
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activity for unmarried persons of school age; and |
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(B) devote more attention to abstinence from |
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sexual activity than to any other behavior; |
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(2) a statement of whether the instruction is |
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considered by the district to be abstinence-only instruction or |
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comprehensive instruction, including an explanation of the |
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difference between those types of instruction and a specific |
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statement regarding whether the student will receive information on |
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contraception and condom use; |
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(3) [(2)] a statement of the parent's right to: |
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(A) review curriculum materials as provided by |
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Subsection (j); and |
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(B) remove the student from any part of the |
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district's human sexuality instruction without subjecting the |
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student to any disciplinary action, academic penalty, or other |
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sanction imposed by the district or the student's school; and |
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(4) [(3)] information describing the opportunities |
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for parental involvement in the development of the curriculum to be |
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used in human sexuality instruction, including information |
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regarding the local school health advisory council established |
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under Subsection (a). |
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(n) In this section: |
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(1) "Abstinence-only instruction" means instruction |
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that does not include information about preventing pregnancy, |
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sexually transmitted diseases, infection with human |
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immunodeficiency virus, or acquired immune deficiency syndrome |
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through any means other than total abstinence from sexual activity. |
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(2) "Evidence-based" means information verified or |
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supported by research that is: |
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(A) conducted in compliance with accepted |
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scientific methods; |
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(B) published in peer-reviewed journals, if |
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appropriate; |
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(C) recognized as medically accurate, objective, |
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and complete by mainstream professional organizations and agencies |
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with expertise in the relevant field, including the federal Centers |
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for Disease Control and Prevention and the United States Department |
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of Health and Human Services; and |
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(D) proven through rigorous, scientific |
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evaluation to achieve positive outcomes on measures of sexual risk |
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behavior or its health consequences. |
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SECTION 4. WAIVER. If before implementing any provision of |
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this Act a state agency determines that a waiver or authorization |
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from a federal agency is necessary for implementation of that |
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provision, the agency affected by the provision shall request the |
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waiver or authorization and may delay implementing that provision |
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until the waiver or authorization is granted. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect September |
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1, 2011. |