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A BILL TO BE ENTITLED
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AN ACT
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relating to sonogram requirements for a pregnant minor seeking an |
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abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.012(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Consent to an abortion is voluntary and informed only |
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if: |
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(1) the physician who is to perform the abortion |
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informs the pregnant woman on whom the abortion is to be performed |
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of: |
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(A) the physician's name; |
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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; |
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(3) the physician who is to perform the abortion or the |
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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 of |
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State Health Services; |
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(ii) are accessible on an Internet website |
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sponsored by the department; |
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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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(5) before receiving a sonogram under Subdivision |
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(4)(A) and before the abortion is performed and before any sedative |
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or anesthesia is administered, the pregnant woman completes and |
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certifies with her signature an election form that states as |
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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 CONSEQUENCES OF |
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AN ABORTION. |
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(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM |
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PRIOR TO RECEIVING AN ABORTION. |
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(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW |
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THE SONOGRAM IMAGES. |
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(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR |
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THE HEARTBEAT. |
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(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO |
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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 ASSAULT, |
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INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT |
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HAS BEEN REPORTED TO LAW ENFORCEMENT AUTHORITIES OR |
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THAT HAS NOT BEEN REPORTED BECAUSE I REASONABLY |
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BELIEVE THAT DOING SO WOULD PUT ME AT RISK OF |
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RETALIATION RESULTING IN SERIOUS BODILY INJURY. |
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[___ I AM A MINOR AND OBTAINING AN ABORTION IN
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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 FREE WILL |
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AND WITHOUT COERCION. |
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(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM |
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THE NEAREST ABORTION PROVIDER THAT IS A FACILITY |
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LICENSED UNDER CHAPTER 245, TEXAS HEALTH AND SAFETY |
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CODE, OR A FACILITY THAT PERFORMS MORE THAN 50 |
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ABORTIONS IN ANY 12-MONTH PERIOD ONLY: |
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I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 |
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MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT |
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IS A FACILITY LICENSED UNDER CHAPTER 245, TEXAS HEALTH |
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AND SAFETY CODE, OR A FACILITY THAT PERFORMS MORE THAN |
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50 ABORTIONS IN ANY 12-MONTH PERIOD, I WAIVE THE |
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REQUIREMENT TO WAIT 24 HOURS AFTER THE SONOGRAM IS |
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PERFORMED BEFORE RECEIVING THE ABORTION |
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PROCEDURE. MY PLACE OF RESIDENCE IS:__________. |
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________________________________________ |
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SIGNATURE DATE"; |
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(6) before the abortion is performed, the physician |
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who is to perform the abortion receives a copy of the signed, |
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written certification required by Subdivision (5); 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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SECTION 2. Section 171.0122(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A pregnant woman may choose not to receive the verbal |
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explanation of the results of the sonogram images under Section |
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171.012(a)(4)(C) if: |
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(1) the woman's pregnancy is a result of a sexual |
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assault, incest, or other violation of the Penal Code that has been |
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reported to law enforcement authorities or that has not been |
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reported because she has a reason that she declines to reveal |
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because she reasonably believes that to do so would put her at risk |
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of retaliation resulting in serious bodily injury; or |
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(2) [the woman is a minor and obtaining an abortion in
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accordance with judicial bypass procedures under Chapter 33, Family
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Code; or
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[(3)] the fetus has an irreversible medical condition |
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or abnormality, as previously identified by reliable diagnostic |
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procedures and documented in the woman's medical file. |
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SECTION 3. The change in law made by this Act applies only |
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to an abortion performed on or after the effective date of this Act. |
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An abortion performed before the effective date of this Act is |
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governed by the law in effect on the date the abortion is performed, |
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and that law continues in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |