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A BILL TO BE ENTITLED
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AN ACT
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relating to informed consent to an abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.002. DEFINITION [DEFINITIONS]. In this chapter, |
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"abortion"[:
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[(1) "Abortion"] means the use of any means to |
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terminate the pregnancy of a female known by the attending |
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physician to be pregnant with the intention that the termination of |
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the pregnancy by those means will, with reasonable likelihood, |
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cause the death of the fetus. |
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[(2)
"Abortion provider" means a facility where an
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abortion is performed, including the office of a physician and a
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facility licensed under Chapter 245.
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[(3)
"Medical emergency" means a life-threatening
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physical condition aggravated by, caused by, or arising from a
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pregnancy that, as certified by a physician, places the woman in
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danger of death or a serious risk of substantial impairment of a
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major bodily function unless an abortion is performed.
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[(4)
"Sonogram" means the use of ultrasonic waves for
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diagnostic or therapeutic purposes, specifically to monitor an
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unborn child.] |
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SECTION 2. Sections 171.012(a), (b), and (c), Health and |
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Safety Code, are amended to read as follows: |
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(a) Except in the case of a medical emergency, consent |
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[Consent] to an abortion is voluntary and informed only if: |
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(1) the physician who is to perform the abortion or the |
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referring physician informs the [pregnant] woman on whom the |
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abortion is to be performed of: |
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(A) the [physician's] name of the physician who |
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will perform the abortion; |
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(B) the particular medical risks associated with |
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the particular abortion procedure to be employed, including, when |
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medically accurate: |
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(i) the risks of infection and hemorrhage; |
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(ii) the potential danger to a subsequent |
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pregnancy and of infertility; and |
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(iii) the possibility of increased risk of |
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breast cancer following an induced abortion and the natural |
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protective effect of a completed pregnancy in avoiding breast |
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cancer; |
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(C) the probable gestational age of the unborn |
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child at the time the abortion is to be performed; and |
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(D) the medical risks associated with carrying |
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the child to term; |
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(2) the physician who is to perform the abortion or the |
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physician's agent informs the [pregnant] woman that: |
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(A) medical assistance benefits may be available |
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for prenatal care, childbirth, and neonatal care; |
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(B) the father is liable for assistance in the |
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support of the child without regard to whether the father has |
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offered to pay for the abortion; [and] |
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(C) public and private agencies provide |
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pregnancy prevention counseling and medical referrals for |
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obtaining pregnancy prevention medications or devices, including |
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emergency contraception for victims of rape or incest; and |
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(D) the woman has the right to review [(3)
the
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physician who is to perform the abortion or the physician's agent:
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[(A) provides the pregnant woman with] the |
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printed materials described by Section 171.014,[; and
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[(B) informs the pregnant woman] that those |
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materials[:
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[(i)] have been provided by the Department |
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of State Health Services and[;
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[(ii)] are accessible on an Internet |
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website sponsored by the department, and that the materials[;
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[(iii)] describe the unborn child and list |
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agencies that offer alternatives to abortion[; and
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[(iv)
include a list of agencies that offer
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sonogram services at no cost to the pregnant woman;
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[(4)
before any sedative or anesthesia is administered
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to the pregnant woman and at least 24 hours before the abortion or
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at least two hours before the abortion if the pregnant woman waives
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this requirement by certifying that she currently lives 100 miles
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or more from the nearest abortion provider that is a facility
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licensed under Chapter 245 or a facility that performs more than 50
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abortions in any 12-month period:
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[(A)
the physician who is to perform the abortion
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or an agent of the physician who is also a sonographer certified by
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a national registry of medical sonographers performs a sonogram on
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the pregnant woman on whom the abortion is to be performed;
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[(B)
the physician who is to perform the abortion
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displays the sonogram images in a quality consistent with current
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medical practice in a manner that the pregnant woman may view them;
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[(C)
the physician who is to perform the abortion
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provides, in a manner understandable to a layperson, a verbal
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explanation of the results of the sonogram images, including a
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medical description of the dimensions of the embryo or fetus, the
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presence of cardiac activity, and the presence of external members
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and internal organs; and
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[(D)
the physician who is to perform the abortion
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or an agent of the physician who is also a sonographer certified by
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a national registry of medical sonographers makes audible the heart
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auscultation for the pregnant woman to hear, if present, in a
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quality consistent with current medical practice and provides, in a
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manner understandable to a layperson, a simultaneous verbal
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explanation of the heart auscultation]; |
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(3) the woman certifies in writing [(5)
before
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receiving a sonogram under Subdivision (4)(A) and] before the |
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abortion is performed that the information described by |
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Subdivisions (1) and (2) has been provided to her and that she has |
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been informed of her opportunity to review the information |
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described by Section 171.014 [and before any sedative or anesthesia
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is administered, the pregnant woman completes and certifies with
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her signature an election form that states as follows:
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["ABORTION AND SONOGRAM ELECTION
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[(1)
THE INFORMATION AND PRINTED MATERIALS
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DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH
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AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO
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ME.
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[(2)
I UNDERSTAND THE NATURE AND
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CONSEQUENCES OF AN ABORTION.
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[(3)
TEXAS LAW REQUIRES THAT I RECEIVE A
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SONOGRAM PRIOR TO RECEIVING AN ABORTION.
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[(4)
I UNDERSTAND THAT I HAVE THE OPTION TO
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VIEW THE SONOGRAM IMAGES.
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[(5)
I UNDERSTAND THAT I HAVE THE OPTION TO
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HEAR THE HEARTBEAT.
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[(6)
I UNDERSTAND THAT I AM REQUIRED BY LAW
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TO HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I
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CERTIFY IN WRITING TO ONE OF THE FOLLOWING:
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[___ I AM PREGNANT AS A RESULT OF A SEXUAL
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ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL
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CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT
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AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I
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REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK
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OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.
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[___ I AM A MINOR AND OBTAINING AN ABORTION
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IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER
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CHAPTER 33, TEXAS FAMILY CODE.
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[___ MY FETUS HAS AN IRREVERSIBLE MEDICAL
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CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE
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DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL
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FILE.
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[(7)
I AM MAKING THIS ELECTION OF MY OWN
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FREE WILL AND WITHOUT COERCION.
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[(8)
FOR A WOMAN WHO LIVES 100 MILES OR
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MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A
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FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY THAT
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PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD
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ONLY:
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[I CERTIFY THAT, BECAUSE I CURRENTLY LIVE
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100 MILES OR MORE FROM THE NEAREST ABORTION PROVIDER
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THAT IS A FACILITY LICENSED UNDER CHAPTER 245 OR A
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FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY
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12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24
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HOURS AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING
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THE ABORTION PROCEDURE.
MY PLACE OF RESIDENCE
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IS:__________.
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____________________ ____________________
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SIGNATURE DATE"]; and |
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(4) [(6)] before the abortion is performed, the |
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physician who is to perform the abortion receives a copy of the |
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[signed,] written certification required by Subdivision (3) [(5);
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and
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[(7)
the pregnant woman is provided the name of each
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person who provides or explains the information required under this
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subsection]. |
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(b) The information required to be provided under |
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Subsections (a)(1) and (2) [may not be provided by audio or video
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recording and] must be provided [at least 24 hours before the
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abortion is to be performed]: |
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(1) orally by telephone or [and] in person [in a
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private and confidential setting if the pregnant woman currently
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lives less than 100 miles from the nearest abortion provider that is
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a facility licensed under Chapter 245 or a facility that performs
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more than 50 abortions in any 12-month period]; and [or] |
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(2) at least 24 hours before the abortion is to be |
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performed [orally by telephone or in person in a private and
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confidential setting if the pregnant woman certifies that the woman
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currently lives 100 miles or more from the nearest abortion
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provider that is a facility licensed under Chapter 245 or a facility
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that performs more than 50 abortions in any 12-month period]. |
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(c) When providing the information under Subsection |
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(a)(2)(D) [(a)(3)], the physician or the physician's agent must |
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provide the [pregnant] woman with the address of the Internet |
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website on which the printed materials described by Section 171.014 |
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may be viewed as required by Section 171.014(e). |
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SECTION 3. Section 171.013(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If the woman chooses to view the materials described by |
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Section 171.014, the [The] physician or the physician's agent shall |
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furnish copies of the materials [described by Section 171.014] to |
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her [the pregnant woman] at least 24 hours before the abortion is to |
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be performed [and shall direct the pregnant woman to the Internet
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website required to be published under Section 171.014(e)]. A |
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[The] physician or the physician's agent may furnish the materials |
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to the [pregnant] woman by mail if the materials are mailed, |
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restricted delivery to addressee, at least 72 hours before the |
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abortion is to be performed. |
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SECTION 4. Section 171.015, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE |
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AGENCIES. The informational materials must include either: |
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(1) geographically indexed materials designed to |
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inform the [pregnant] woman of public and private agencies and |
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services that: |
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(A) are available to assist a woman through |
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pregnancy, childbirth, and the child's dependency, including: |
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(i) a comprehensive list of adoption |
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agencies; |
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(ii) a description of the services the |
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adoption agencies offer; and |
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(iii) a description of the manner, |
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including telephone numbers, in which an adoption agency may be |
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contacted[; and
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[(iv)
a comprehensive list of agencies and
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organizations that offer sonogram services at no cost to the
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pregnant woman]; |
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(B) do not provide abortions or abortion-related |
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services or make referrals to abortion providers; and |
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(C) are not affiliated with organizations that |
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provide abortions or abortion-related services or make referrals to |
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abortion providers; or [and] |
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(2) a toll-free, 24-hour telephone number that may be |
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called to obtain an oral list and description of agencies described |
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by Subdivision (1) that are located near the caller and of the |
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services the agencies offer. |
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SECTION 5. Section 245.006(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may [shall] inspect an abortion facility |
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at [random, unannounced, and] reasonable times as necessary to |
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ensure compliance with this chapter [and Subchapter B, Chapter
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171]. |
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SECTION 6. Section 164.055(a), Occupations Code, is amended |
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to read as follows: |
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(a) The board may [shall] take an appropriate disciplinary |
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action against a physician who violates Section 170.002 [or Chapter
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171], Health and Safety Code. The board may [shall] refuse to |
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admit to examination or refuse to issue a license or renewal license |
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to a person who violates that section [or chapter]. |
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SECTION 7. The following laws are repealed: |
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(1) Sections 171.012(a-1), 171.0121, 171.0122, |
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171.0123, 171.0124, 243.017, and 245.024, Health and Safety Code; |
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(2) Section 241.007, Health and Safety Code, as added |
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by Chapter 73 (H.B. 15), Acts of the 82nd Legislature, Regular |
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Session, 2011; and |
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(3) Section 164.0551, Occupations Code. |
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SECTION 8. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect on the 91st day after the last day of the |
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legislative session. |