84R4293 LED-D

By: Lucio S.B. No. 1869

A BILL TO BE ENTITLED

AN ACT

relating to resource awareness sessions for women seeking abortions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 171.012(a), Health and Safety Code, is amended to read as follows:

(a) Consent to an abortion is voluntary and informed only if:

(1) the physician who is to perform the abortion informs the pregnant woman on whom the abortion is to be performed of:

(A) the physician's name;

(B) the particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate:

(i) the risks of infection and hemorrhage;

(ii) the potential danger to a subsequent pregnancy and of infertility; and

(iii) the possibility of increased risk of breast cancer following an induced abortion and the natural protective effect of a completed pregnancy in avoiding breast cancer;

(C) the probable gestational age of the unborn child at the time the abortion is to be performed; and

(D) the medical risks associated with carrying the child to term;

(2) the physician who is to perform the abortion or the physician's agent informs the pregnant woman that:

(A) medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

(B) the father is liable for assistance in the support of the child without regard to whether the father has offered to pay for the abortion; [and]

(C) public and private agencies provide pregnancy prevention counseling and medical referrals for obtaining pregnancy prevention medications or devices, including emergency contraception for victims of rape or incest; and

(D) the Health and Human Services Commission offers, at no cost, a resource awareness session that provides information regarding:

(i) a pregnant woman's option to place her child for adoption;

(ii) a woman's health before and during pregnancy; and

(iii) available resources for pregnant women and their children, including:

(a) the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786;

(b) the supplemental nutrition assistance program under Chapter 33, Human Resources Code; and

(c) information on selection of a physician;

(3) the physician who is to perform the abortion or the physician's agent:

(A) provides the pregnant woman with the printed materials described by Section 171.014; and

(B) informs the pregnant woman that those materials:

(i) have been provided by the Department of State Health Services;

(ii) are accessible on an Internet website sponsored by the department;

(iii) describe the unborn child and list agencies that offer alternatives to abortion; and

(iv) include a list of agencies that offer sonogram services at no cost to the pregnant woman;

(4) before any sedative or anesthesia is administered to the pregnant woman and at least 24 hours before the abortion or at least two hours before the abortion if the pregnant woman waives this requirement by certifying that she currently lives 100 miles or more from the nearest abortion provider that is a facility licensed under Chapter 245 or a facility that performs more than 50 abortions in any 12-month period:

(A) the physician who is to perform the abortion or an agent of the physician who is also a sonographer certified by a national registry of medical sonographers performs a sonogram on the pregnant woman on whom the abortion is to be performed;

(B) the physician who is to perform the abortion displays the sonogram images in a quality consistent with current medical practice in a manner that the pregnant woman may view them;

(C) the physician who is to perform the abortion provides, in a manner understandable to a layperson, a verbal explanation of the results of the sonogram images, including a medical description of the dimensions of the embryo or fetus, the presence of cardiac activity, and the presence of external members and internal organs; and

(D) the physician who is to perform the abortion or an agent of the physician who is also a sonographer certified by a national registry of medical sonographers makes audible the heart auscultation for the pregnant woman to hear, if present, in a quality consistent with current medical practice and provides, in a manner understandable to a layperson, a simultaneous verbal explanation of the heart auscultation;

(5) before receiving a sonogram under Subdivision (4)(A) and before the abortion is performed and before any sedative or anesthesia is administered, the pregnant woman completes and certifies with her signature an election form that states as follows:

"ABORTION AND SONOGRAM ELECTION

(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO ME.

(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN ABORTION.

(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR TO RECEIVING AN ABORTION.

(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE SONOGRAM IMAGES.

(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE HEARTBEAT.

(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO ONE OF THE FOLLOWING:

___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT, INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN REPORTED TO LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK OF RETALIATION RESULTING IN SERIOUS BODILY INJURY.

___ I AM A MINOR AND OBTAINING AN ABORTION IN ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS FAMILY CODE.

___ MY FETUS HAS AN IRREVERSIBLE MEDICAL CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL FILE.

(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND WITHOUT COERCION.

(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:

I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION PROCEDURE. MY PLACE OF RESIDENCE IS:__________.

___________________ _____________________

SIGNATURE DATE";

(6) before the abortion is performed, the pregnant woman completes the resource awareness session and obtains the certificate of completion required by Subchapter E in the time authorized under Subchapter E or signs the affidavit described by Section 171.102;

(7) before the abortion is performed, the physician who is to perform the abortion receives a copy of:

(A) the signed, written certification required by Subdivision (5); and

(B) the certificate of completion or affidavit required by Subdivision (6); and

(8) [(7)] the pregnant woman is provided the name of each person who provides or explains the information required under this subsection.

SECTION 2. Section 171.014(a), Health and Safety Code, is amended to read as follows:

(a) The department shall publish informational materials that include:

(1) the information required to be provided under Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), [and] (C), and (D); and

(2) the materials required by Sections 171.015 and 171.016.

SECTION 3. Chapter 171, Health and Safety Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. RESOURCE AWARENESS SESSION

Sec. 171.101. RESOURCE AWARENESS SESSION. (a) The Health and Human Services Commission, in consultation with the Department of State Health Services and the Department of Family and Protective Services, shall:

(1) develop a resource awareness session of at least one hour and not more than three hours that provides information regarding:

(A) a pregnant woman's option to place her child for adoption;

(B) a woman's health before and during pregnancy; and

(C) available resources for pregnant women and their children, including:

(i) the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786;

(ii) the supplemental nutrition assistance program under Chapter 33, Human Resources Code; and

(iii) information on selection of a physician;

(2) make the session available at no cost to any person who wishes to take the session on the commission's Internet website in English, Spanish, and any other language the executive commissioner of the Health and Human Services Commission determines appropriate;

(3) work with the Texas Pregnancy Care Network and other nonprofit organizations that the executive commissioner of the Health and Human Services Commission determines appropriate to make the session available at no cost in person to any person who wishes to take the session in person; and

(4) provide a dated certificate of completion to each person who completes the session.

(b) Except as provided by Section 171.103, a pregnant woman may not obtain an abortion unless the woman:

(1) completes the resource awareness session described by Subsection (a) not more than 30 days and not less than 24 hours before the abortion is performed or induced and submits the certificate of completion to the physician performing or inducing the abortion; or

(2) submits the affidavit described by Section 171.102 to the physician performing or inducing the abortion.

(c) Except as provided by Section 171.103, a physician may not perform or induce an abortion on a pregnant woman without first receiving from the woman:

(1) a certificate of completion described by Subsection (a)(4) for a resource awareness session completed by the woman in the time authorized under Subsection (b)(1); or

(2) an affidavit described by Section 171.102.

(d) The executive commissioner of the Health and Human Services Commission, in consultation with the Department of State Health Services and the Department of Family and Protective Services, shall adopt the rules necessary to implement this subchapter, including rules to provide pregnant minors with access to the resource awareness session.

Sec. 171.102. AFFIDAVIT IN LIEU OF CERTIFICATE OF COMPLETION. (a) A pregnant woman is not required to complete the resource awareness session described by Section 171.101 to obtain an abortion if the abortion is to be performed:

(1) on a minor whose pregnancy is a result of a sexual assault, incest, or other violation of the Penal Code that has been reported to law enforcement authorities or that has not been reported because she has a reason that she declines to reveal because she reasonably believes that to do so would put her at risk of retaliation resulting in serious bodily injury; or

(2) with the intent to:

(A) save the life or preserve the health of an unborn child;

(B) remove a dead, unborn child whose death was caused by spontaneous abortion;

(C) remove an ectopic pregnancy; or

(D) treat a maternal disease or illness for which a prescribed drug, medicine, or other substance is indicated.

(b) To obtain an abortion, a pregnant woman who is not required to complete the resource awareness session as provided by Subsection (a) must complete and certify with her signature an affidavit stating she is not required to complete the resource awareness session for a reason listed in Subsection (a).

Sec. 171.103. APPLICABILITY. This subchapter does not apply to an abortion performed in a medical emergency, as defined by Section 171.002.

SECTION 4. (a) The executive commissioner of the Health and Human Services Commission shall adopt the rules required by Subchapter E, Chapter 171, Health and Safety Code, as added by this Act, not later than January 1, 2016.

(b) The Health and Human Services Commission shall make the resource awareness session described by Subchapter E, Chapter 171, Health and Safety Code, as added by this Act, available not later than June 1, 2016.

SECTION 5. The change in law made by this Act applies only to an abortion performed or induced on or after July 1, 2016. An abortion performed or induced before July 1, 2016, is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 6. 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 September 1, 2015.