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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. Section 171.012, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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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 printed |
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materials described by Section 171.014, that those materials have |
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been provided by the Texas Department of Health and are accessible |
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on an Internet website sponsored by the department, and that the |
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materials describe the unborn child and list agencies that offer |
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alternatives to abortion; |
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(3) the physician who is to perform the abortion or the |
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physician's agent performs an obstetric ultrasound on the woman on |
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whom the abortion is to be performed, provides the woman with an |
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obstetric ultrasound image of the unborn child, and reviews the |
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image of the unborn child with the woman; |
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(4) the woman certifies in writing before the abortion |
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is performed that: |
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(A) the information described by Subdivisions |
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(1) and (2) has been provided to her and that she has been informed |
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of her opportunity to review the information described by Section |
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171.014; and |
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(B) she has been provided with and has had the |
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opportunity to review the image described by Subdivision (3); and |
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(5) [(4)] before the abortion is performed, the |
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physician who is to perform the abortion receives a copy of the |
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written certification required by Subdivision (4) [(3)]. |
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(a-1) Although the ultrasound images must be explained to |
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the woman seeking the abortion, nothing in this section mandates |
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that she is required to look at or view the ultrasound images. The |
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physician or a certified technician working in conjunction with the |
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physician shall inform her she is not required to look at the |
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ultrasound images. Neither the physician nor the woman shall be |
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penalized if she refuses to look at the presented ultrasound |
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images. |
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SECTION 2. The change in law made by this Act to Section |
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171.012, Health and Safety Code, applies only to an offense |
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committed on or after the effective date of this Act. For purposes |
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of this section, an offense is committed before the effective date |
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of this Act if any element of the offense occurs before that date. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |