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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. Sections 171.012(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) Except in the case of a medical emergency, consent to an |
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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 woman on whom the abortion is to be |
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performed of: |
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(A) the name of the physician who will perform |
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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 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; |
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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] the |
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printed materials described by Section 171.014[, that those
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materials] have been provided by the [Texas] Department of State |
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Health Services and are accessible on an Internet website sponsored |
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by the department, and that the materials describe the unborn child |
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and list agencies that offer alternatives to abortion; |
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(3) the woman certifies in writing before the abortion |
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is performed that the information described by Subdivisions (1) and |
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(2) and the printed materials described by Section 171.014 have |
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[has] been provided to her [and that she has been informed of her
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opportunity to review the information described by Section
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171.014]; [and] |
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(4) before the abortion is performed, the physician |
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who is to perform the abortion receives a copy of the written |
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certification required by Subdivision (3); and |
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(5) the physician provides the woman with the printed |
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materials described by Section 171.014. |
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(b) The information required to be provided under |
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Subsections (a)(1) and (2): |
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(1) must be provided: |
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(A) [(1)] orally by telephone or in person; and |
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(B) [(2)] at least 24 hours before the abortion |
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is to be performed; and |
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(2) may not be provided by audio or video recording. |
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SECTION 2. Section 171.013(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The [If the woman chooses to view the materials
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described by Section 171.014, the] physician or the physician's |
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agent shall furnish copies of the materials described by Section |
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171.014 to the woman [her] at least 24 hours before the abortion is |
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to be performed. A physician or the physician's agent may furnish |
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the materials to the 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 3. Section 171.013(b), Health and Safety Code, is |
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repealed. |
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SECTION 4. This Act takes effect September 1, 2007 |
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. |