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A BILL TO BE ENTITLED
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AN ACT
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relating to providing a sonogram before an abortion; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 171, Health and Safety Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. PERFORMANCE OF SONOGRAM BEFORE ABORTION |
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Sec. 171.051. DEFINITIONS. In this subchapter: |
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(1) "Abortion provider" means a facility where an |
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abortion is performed, including the office of a physician and a |
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facility licensed under Chapter 241, 243, or 245. |
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(2) "Medical emergency" means a life-threatening |
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physical condition caused by or arising from a pregnancy itself |
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that, as certified by a physician, places the woman in danger of |
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death or a serious risk of substantial impairment of a major bodily |
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function unless an abortion is performed. |
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(3) "Sonogram" means the use of ultrasonic waves for |
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diagnostic or therapeutic purposes, specifically to monitor an |
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unborn child. |
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Sec. 171.052. INFORMATION REGARDING SONOGRAM PROVIDERS. |
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(a) Not more than 72 hours and not less than 24 hours before an |
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abortion begins, the physician who is to perform the abortion |
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shall: |
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(1) provide the pregnant woman on whom the abortion is |
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to be performed with the informational materials described by |
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Section 171.014; |
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(2) inform the pregnant woman on whom the abortion is |
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to be performed that the materials required by Section 171.014: |
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(A) are provided by the Department of State |
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Health Services; |
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(B) are accessible on an Internet website |
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sponsored by the department; |
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(C) describe the unborn child; and |
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(D) list agencies that offer alternatives to |
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abortion; and |
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(3) provide the pregnant woman on whom the abortion is |
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to be performed with a comprehensive list of health care providers, |
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facilities, and clinics that offer obstetric sonogram services at |
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no cost to the pregnant woman and that do not: |
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(A) perform abortions or provide |
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abortion-related services; |
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(B) make referrals to any abortion provider; or |
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(C) affiliate or contract with any entity that |
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performs abortions, provides abortion-related services, or makes |
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referrals to any abortion provider. |
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(b) The department shall compile the list described by |
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Subsection (a)(3) and shall make the list available at no cost. The |
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department shall provide appropriate quantities of the list to an |
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abortion provider and to any other person. The list must include |
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the name, address, hours of operation, and telephone number for |
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each health care provider, facility, and clinic that satisfies the |
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requirements of Subsection (a)(3) and be: |
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(1) arranged by county; |
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(2) printed in a typeface large enough to be clearly |
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legible; and |
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(3) published in English and Spanish. |
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(c) The department is not required to republish the list |
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described by Subsection (a)(3) because of a change in information |
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described by Subsection (b) unless five percent or more of the |
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information contained in the list changes. |
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Sec. 171.053. PERFORMANCE OF SONOGRAM. (a) Not more than |
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72 hours and not less than 24 hours before the abortion begins and |
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before any sedative or anesthesia is administered to the pregnant |
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woman, the physician who is to perform the abortion or a sonographer |
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certified by a national registry of medical sonographers shall: |
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(1) perform a live, real-time obstetric sonogram on |
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the pregnant woman on whom the abortion is to be performed; |
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(2) display the live, real-time obstetric sonogram |
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images in a quality consistent with current medical practice in a |
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manner that the pregnant woman may view them; |
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(3) provide, in a manner understandable to a |
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layperson, a simultaneous verbal explanation of the results of the |
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live, real-time sonogram images, including a medical description of |
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the dimensions of the embryo or fetus, the presence of cardiac |
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activity, and the presence of arms, legs, external members, and |
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internal organs; and |
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(4) make audible the live, real-time heart |
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auscultation, when present, for the pregnant woman to hear, in a |
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quality consistent with current medical practice, and provide, in a |
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manner understandable to a layperson, a simultaneous verbal |
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explanation of the live, real-time heart auscultation. |
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(b) During a visit made to a facility to fulfill the |
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requirements of Subsection (a), the facility and any person at the |
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facility may not accept any form of payment, deposit, or exchange or |
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make any financial agreement for an abortion or abortion-related |
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services other than for payment of a service required by Subsection |
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(a). The amount charged for a service required by Subsection (a) |
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may not exceed the reimbursement rate established for the service |
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by the Health and Human Services Commission for statewide medical |
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reimbursement programs. |
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Sec. 171.054. CERTIFICATION OF SONOGRAM. (a) After the |
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live, real-time sonogram and the live, real-time heart auscultation |
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required under Section 171.053 and before any sedative or |
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anesthesia is administered to the pregnant woman and before the |
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abortion begins, the pregnant woman on whom the abortion is to be |
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performed shall certify by her signature that not more than 72 hours |
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and not less than 24 hours before the abortion begins: |
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(1) she was provided with a live, real-time sonogram |
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as required under Section 171.053; |
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(2) she had the opportunity to view the live, |
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real-time sonogram images as required under Section 171.053; |
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(3) she was provided, in a manner understandable to a |
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layperson, a simultaneous verbal explanation of the results of the |
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sonogram images as required under Section 171.053; and |
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(4) she heard the live, real-time heart auscultation, |
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when present, as required under Section 171.053. |
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(b) The department shall prepare the form to be used to make |
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the certification required under Subsection (a). The form must |
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include a space for the pregnant woman's signature and space for the |
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woman to sign her initials beside each of the following statements: |
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(1) "Not more than 72 hours and not less than 24 hours |
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before my abortion is to begin and at the facility where my abortion |
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is to be performed, the doctor who is performing an abortion on me |
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or a sonographer certified by a national registry of medical |
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sonographers performed a sonogram on me and displayed the live, |
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real-time sonogram images so that I could view them."; |
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(2) "The doctor who is performing an abortion on me or |
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a sonographer certified by a national registry of medical |
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sonographers has given me, in an understandable manner, a |
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simultaneous verbal explanation of the results of the live, |
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real-time sonogram images, including a medical description of the |
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dimensions of the embryo or fetus, the presence of cardiac |
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activity, and the presence of arms, legs, external members, and |
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internal organs."; and |
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(3) "The doctor performing an abortion on me or a |
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sonographer certified by a national registry of medical |
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sonographers has made audible the live, real-time heart activity, |
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when present, for me to hear. The doctor or sonographer has also |
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provided, in an understandable manner, a simultaneous verbal |
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explanation of the live, real-time heart activity." |
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(c) Before the abortion begins, a copy of the form required |
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under this section must be: |
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(1) given to the physician who is to perform the |
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abortion; and |
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(2) placed in the pregnant woman's medical records. |
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(d) A copy of the form required under this section shall be |
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retained by the abortion provider until: |
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(1) the seventh anniversary of the date it is signed; |
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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 it is |
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signed; or |
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(B) the woman's 21st birthday. |
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Sec. 171.055. RECEIVING INFORMATION DURING SONOGRAM. The |
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physician and the pregnant woman are not subject to a penalty under |
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this subchapter solely because the pregnant woman chooses not to |
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receive the information required to be provided under Section |
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171.053. |
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Sec. 171.056. EXCEPTION FOR MEDICAL EMERGENCY. (a) A |
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physician may perform an abortion without providing the sonogram |
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required under Section 171.053 only in a medical emergency. A |
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physician who performs an abortion in a medical emergency shall: |
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(1) include in the patient's medical records a |
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statement signed by the physician certifying the nature of the |
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medical emergency; and |
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(2) not later than the seventh day after the date the |
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abortion is performed, certify to the Department of State Health |
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Services the specific medical condition that constituted the |
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emergency. |
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(b) The statement required under Subsection (a)(1) shall be |
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placed in the patient's medical records and shall be kept by the |
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abortion provider until: |
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(1) the seventh anniversary of the date the abortion |
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is performed; 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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abortion is performed; or |
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(B) the woman's 21st birthday. |
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Sec. 171.057. VIOLATION. (a) A physician who performs an |
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abortion in violation of this subchapter engages in unprofessional |
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conduct for which the physician's license shall be revoked under |
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Chapter 164, Occupations Code. |
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(b) The department, in accordance with the procedures |
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established under Chapter 241, 243, or 245, as applicable, shall |
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revoke the license of an abortion provider that violates this |
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subchapter. |
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SECTION 2. Subchapter A, Chapter 241, Health and Safety |
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Code, is amended by adding Section 241.007 to read as follows: |
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Sec. 241.007. COMPLIANCE WITH CERTAIN REQUIREMENTS |
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REGARDING SONOGRAM BEFORE ABORTION. A hospital shall comply with |
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Subchapter C, Chapter 171. |
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SECTION 3. Subchapter A, Chapter 243, Health and Safety |
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Code, is amended by adding Section 243.017 to read as follows: |
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Sec. 243.017. COMPLIANCE WITH CERTAIN REQUIREMENTS |
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REGARDING SONOGRAM BEFORE ABORTION. An ambulatory surgical center |
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shall comply with Subchapter C, Chapter 171. |
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SECTION 4. Chapter 245, Health and Safety Code, is amended |
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by adding Section 245.024 to read as follows: |
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Sec. 245.024. COMPLIANCE WITH CERTAIN REQUIREMENTS |
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REGARDING SONOGRAM BEFORE ABORTION. An abortion facility shall |
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comply with Subchapter C, Chapter 171. |
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SECTION 5. Subchapter B, Chapter 164, Occupations Code, is |
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amended by adding Section 164.0551 to read as follows: |
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Sec. 164.0551. COMPLIANCE WITH CERTAIN REQUIREMENTS |
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REGARDING SONOGRAM BEFORE ABORTION. A physician shall comply with |
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Subchapter C, Chapter 171, Health and Safety Code. |
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SECTION 6. The change in law made by this Act applies only |
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to an abortion performed on or after the 60th day after the |
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effective date of this Act. An abortion performed before the 60th |
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day after the effective date of this Act is governed by the law in |
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effect on the date the abortion was performed, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. The Department of State Health Services shall |
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compile the list required by Section 171.052, Health and Safety |
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Code, as added by this Act, not later than the 60th day after the |
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effective date of this Act. |
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SECTION 8. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are severable. |
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SECTION 9. 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, 2011. |