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A BILL TO BE ENTITLED
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AN ACT
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relating to information regarding perinatal palliative care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter X to read as follows: |
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SUBCHAPTER X. PERINATAL PALLIATIVE CARE |
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Sec. 161.701. PURPOSE OF SUBCHAPTER. The purpose of this |
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subchapter is to ensure that a pregnant woman who receives a |
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diagnosis of a life-threatening disability of the woman's preborn |
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child is informed of the availability of perinatal palliative care. |
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Sec. 161.702. DEFINITION. In this subchapter, "perinatal |
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palliative care" means the provision of comprehensive, supportive |
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care to reduce the suffering of a pregnant woman, her preborn child, |
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and her family, from diagnosis of the preborn child's |
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life-threatening disability through the delivery and possible |
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death of the child as a result of the life-threatening disability. |
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The term includes medical, social, and mental health care, |
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including counseling and health care provided by maternal-fetal |
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medical specialists, obstetricians, neonatologists, anesthesia |
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specialists, specialty nurses, clergy, social workers, and other |
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individuals focused on alleviating fear and pain and ensuring the |
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pregnant woman, her preborn child, and her family experience a |
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supportive environment. |
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Sec. 161.703. PERINATAL PALLIATIVE CARE INFORMATIONAL |
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MATERIALS. (a) The commission shall develop perinatal palliative |
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care informational materials and post the materials on the |
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commission's Internet website. The materials must include: |
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(1) a description of the health care and other |
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services available through perinatal palliative care; and |
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(2) information about medical assistance benefits |
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that may be available for prenatal care, childbirth, and perinatal |
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palliative care. |
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(b) The commission shall develop, regularly update, and |
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publish a geographically indexed list of all perinatal palliative |
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care providers and programs in this state. The commission may |
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include perinatal palliative care providers and programs in other |
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states that provide care to residents of this state but may not |
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include an abortion provider, as defined by Section 171.002, or an |
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affiliate, as defined by Section 2272.001, Government Code, as |
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added by Chapter 501 (S.B. 22), Acts of the 86th Legislature, |
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Regular Session, 2019, of an abortion provider. The commission |
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shall post the list of perinatal palliative care providers and |
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programs, including contact information, on the commission's |
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Internet website and note the providers and programs that provide |
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services free of charge. |
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Sec. 161.704. PERINATAL PALLIATIVE CARE CERTIFICATION |
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FORM. The commission shall develop a form on which a pregnant woman |
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certifies that she has received the perinatal palliative care |
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informational materials and list of the perinatal palliative care |
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providers and programs described by Section 161.703. |
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Sec. 161.705. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF |
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PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care |
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provider who diagnoses a pregnant woman's preborn child as having a |
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life-threatening disability shall, at the time of the diagnosis: |
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(1) provide the pregnant woman with a written copy of: |
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(A) the perinatal palliative care informational |
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materials and list of the perinatal palliative care providers and |
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programs described by Section 161.703; and |
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(B) the perinatal palliative care certification |
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form described by Section 161.704; and |
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(2) obtain from the pregnant woman the signed |
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perinatal palliative care certification form and place the form in |
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the pregnant woman's medical records. |
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Sec. 161.706. EXCEPTION. A health care provider is not |
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required to provide the perinatal palliative care informational |
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materials or perinatal palliative care certification form under |
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this subchapter if the health care provider verifies the pregnant |
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woman's medical record contains a signed perinatal palliative care |
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certification form for that pregnancy as required under Section |
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161.705(2). |
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SECTION 2. Section 171.002, Health and Safety Code, is |
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amended by adding Subdivision (3-a) to read as follows: |
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(3-a) "Preborn child" means an unborn child as defined |
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by Section 171.061. |
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SECTION 3. Section 171.012, Health and Safety Code, is |
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amended by adding Subsections (g) and (h) to read as follows: |
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(g) If the pregnant woman's preborn child has been diagnosed |
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with a life-threatening disability, the physician who is to perform |
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or induce the abortion shall, at least 24 hours before the abortion |
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or at least two hours before the abortion for a pregnant woman who |
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waives this requirement by certifying 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 in which more than 50 |
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abortions are performed in any 12-month period: |
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(1) orally and in person, inform the pregnant woman of |
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the availability of perinatal palliative care, as that term is |
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defined by Section 161.702; and |
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(2) provide the pregnant woman with a written copy of: |
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(A) the perinatal palliative care informational |
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materials and list of the perinatal palliative care providers and |
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programs described by Section 161.703; and |
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(B) the perinatal palliative care certification |
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form described by Section 161.704. |
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(h) If a pregnant woman described by Subsection (g), after |
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receiving from the physician who is to perform or induce the |
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abortion the perinatal palliative care informational materials and |
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certification form described by that subsection in the manner |
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required by that subsection, chooses to have an abortion instead of |
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continuing the pregnancy in perinatal palliative care, the |
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physician may perform or induce the abortion only after: |
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(1) the pregnant woman signs the certification form; |
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and |
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(2) the physician places the signed certification form |
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in the pregnant woman's medical records. |
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SECTION 4. Section 171.0121, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.0121. MEDICAL RECORD. (a) Before the abortion |
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begins, a copy of the signed, written certification received by the |
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physician under Section 171.012(a)(6) and, if applicable, under |
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Section 161.704 must be placed in the pregnant woman's medical |
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records. |
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(b) A copy of the signed, written certification required |
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under Sections 171.012(a)(5) and (6) and of any signed, written |
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certification required under Section 161.704 shall be retained by |
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the facility where the abortion is performed until: |
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(1) the seventh anniversary of the date the |
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certification [it] is signed; or |
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(2) if the pregnant woman is a minor, the later of: |
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(A) the seventh anniversary of the date the |
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certification [it] is signed; or |
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(B) the woman's 21st birthday. |
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SECTION 5. Section 171.014(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department shall publish informational materials |
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that include: |
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(1) the information required to be provided under |
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Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), and (C); and |
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(2) the materials required by Sections 161.703, |
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171.015, and 171.016. |
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SECTION 6. Not later than December 1, 2021: |
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(1) the Health and Human Services Commission shall: |
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(A) develop the perinatal palliative care |
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informational materials, list of perinatal palliative care |
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providers and programs, and perinatal palliative care |
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certification form required by Subchapter X, Chapter 161, Health |
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and Safety Code, as added by this Act; and |
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(B) update any forms and informational materials |
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under Subchapter B, Chapter 171, Health and Safety Code, as amended |
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by this Act; and |
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(2) the executive commissioner of the Health and Human |
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Services Commission shall adopt any rules necessary to implement |
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Subchapter X, Chapter 161, Health and Safety Code, as added by this |
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Act and Subchapter B, Chapter 171, Health and Safety Code, as |
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amended by this Act. |
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SECTION 7. (a) Subchapter X, Chapter 161, Health and Safety |
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Code, as added by this Act, applies only to a diagnosis of a |
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life-threatening disability of a pregnant woman's preborn child |
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made on or after January 1, 2022. |
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(b) The changes in law made by this Act to Chapter 171, |
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Health and Safety Code, apply only to an abortion performed, |
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induced, or attempted or other conduct that occurred on or after |
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January 1, 2022. An abortion performed, induced, or attempted or |
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other conduct that occurred before that date is governed by the law |
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in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 8. It is the intent of the legislature that every |
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provision, section, subsection, sentence, clause, phrase, or word |
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in this Act, and every application of the provisions in this Act to |
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each person or entity, are severable from each other. If any |
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application of any provision in this Act to any person, group of |
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persons, or circumstances is found by a court to be invalid for any |
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reason, the remaining applications of that provision to all other |
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persons and circumstances shall be severed and may not be affected. |
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SECTION 9. This Act takes effect September 1, 2021. |