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A BILL TO BE ENTITLED
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AN ACT
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relating to the medical accuracy of informational materials given |
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to a woman seeking 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(4), Health and Safety Code, is |
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amended to read as follows: |
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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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embryo or fetus [unborn child]. |
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SECTION 2. 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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and |
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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 embryo or |
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fetus [unborn child] at the time the abortion is to be performed; |
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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 commission |
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[Department of State Health Services]; |
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(ii) are accessible on an Internet website |
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sponsored by the commission [department]; |
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(iii) describe the embryo or fetus [unborn |
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child] and list 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 |
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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 MORE |
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FROM 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 3. Section 171.014(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) In addition to any other organization or entity, the |
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commission [department] shall use the American College of |
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Obstetricians and Gynecologists as the resource in developing |
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information required to be provided under Sections |
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171.012(a)(1)(B) and (D), Sections 171.012(a)(2)(A), (B), and (C), |
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and Section 171.016, and in maintaining the commission's |
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[department's] Internet website. Information described by this |
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subsection must be verified and supported by research that is |
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recognized as medically accurate, objective, and complete by the |
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National Institutes of Health and affiliated organizations. |
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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: |
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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; |
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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; and |
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(B) are available to provide information and |
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services related to family planning [do not provide abortions or |
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abortion-related services or make referrals to abortion providers; |
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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]; 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 171.016, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.016. INFORMATION RELATING TO CHARACTERISTICS OF |
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EMBRYO OR FETUS [UNBORN CHILD]. (a) The informational materials |
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must include materials designed to inform the woman of the probable |
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anatomical and physiological characteristics of the embryo or fetus |
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[unborn child] at two-week gestational increments from the time |
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when a woman can be known to be pregnant to full term, including any |
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relevant information on the possibility of the embryo's or fetus's |
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[unborn child's] survival. |
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(b) The materials must include color pictures representing |
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the development of the embryo or fetus [child] at two-week |
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gestational increments. The pictures must contain the dimensions |
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of the embryo or fetus [unborn child] and must be realistic. |
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(c) The materials provided under this section must be |
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objective and nonjudgmental and be designed to convey only accurate |
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scientific information about the embryo or fetus [unborn child] at |
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the various gestational ages. Information in the materials must be |
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verified and supported by research that is recognized as medically |
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accurate, objective, and complete by the National Institutes of |
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Health and affiliated organizations. |
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SECTION 6. (a) By not later than December 1, 2021, the |
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Health and Human Services Commission shall: |
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(1) revise the informational materials the commission |
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is required to publish under Section 171.014, Health and Safety |
|
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Code, as amended by this Act; and |
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(2) make the materials available for distribution. |
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(b) The changes in law made by this Act apply only to the |
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information a physician is required to provide under Section |
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171.012, Health and Safety Code, as amended by this Act, on or after |
|
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January 1, 2022. |
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SECTION 7. This Act takes effect September 1, 2021. |