82R10054 NAJ-D
 
  By: Miller of Erath, Callegari, Harless, H.B. No. 15
      Kolkhorst, Patrick, et al.
 
  Substitute the following for H.B. No. 15:
 
  By:  Harless C.S.H.B. No. 15
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to providing a sonogram before an abortion; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 171, Health and Safety Code, is amended
  by adding Subchapter C to read as follows:
  SUBCHAPTER C. PERFORMANCE OF SONOGRAM BEFORE ABORTION
         Sec. 171.051.  DEFINITIONS. In this subchapter:
               (1)  "Abortion provider" means a facility where an
  abortion is performed, including the office of a physician and a
  facility licensed under Chapter 241, 243, or 245.
               (2)  "Medical emergency" means a life-threatening
  physical condition caused by or arising from a pregnancy itself
  that, as certified by a physician, places the woman in danger of
  death or a serious risk of substantial impairment of a major bodily
  function unless an abortion is performed.
               (3)  "Sonogram" means the use of ultrasonic waves for
  diagnostic or therapeutic purposes, specifically to monitor an
  unborn child.
         Sec. 171.052.  INFORMATION REGARDING SONOGRAM PROVIDERS.
  (a) Not more than 72 hours and not less than 24 hours before an
  abortion begins, the physician who is to perform the abortion
  shall:
               (1)  provide the pregnant woman on whom the abortion is
  to be performed with the informational materials described by
  Section 171.014;
               (2)  inform the pregnant woman on whom the abortion is
  to be performed that the materials required by Section 171.014:
                     (A)  are provided by the Department of State
  Health Services;
                     (B)  are accessible on an Internet website
  sponsored by the department;
                     (C)  describe the unborn child; and
                     (D)  list agencies that offer alternatives to
  abortion; and
               (3)  provide the pregnant woman on whom the abortion is
  to be performed with a comprehensive list of health care providers,
  facilities, and clinics that offer obstetric sonogram services at
  no cost to the pregnant woman and that do not:
                     (A)  perform abortions or provide
  abortion-related services;
                     (B)  make referrals to any abortion provider; or
                     (C)  affiliate or contract with any entity that
  performs abortions, provides abortion-related services, or makes
  referrals to any abortion provider.
         (b)  The department shall compile the list described by
  Subsection (a)(3) and shall make the list available at no cost.  The
  department shall provide appropriate quantities of the list to an
  abortion provider and to any other person. The list must include
  the name, address, hours of operation, and telephone number for
  each health care provider, facility, and clinic that satisfies the
  requirements of Subsection (a)(3) and be:
               (1)  arranged by county;
               (2)  printed in a typeface large enough to be clearly
  legible; and
               (3)  published in English and Spanish.
         (c)  The department is not required to republish the list
  described by Subsection (a)(3) because of a change in information
  described by Subsection (b) unless five percent or more of the
  information contained in the list changes.
         Sec. 171.053.  PERFORMANCE OF SONOGRAM. (a)  Not more than
  72 hours and not less than 24 hours before the abortion begins and
  before any sedative or anesthesia is administered to the pregnant
  woman, the physician who is to perform the abortion or a sonographer
  certified by a national registry of medical sonographers shall:
               (1)  perform a live, real-time obstetric sonogram on
  the pregnant woman on whom the abortion is to be performed;
               (2)  display the live, real-time obstetric sonogram
  images in a quality consistent with current medical practice in a
  manner that the pregnant woman may view them;
               (3)  provide, in a manner understandable to a
  layperson, a simultaneous verbal explanation of the results of the
  live, real-time sonogram images, including a medical description of
  the dimensions of the embryo or fetus, the presence of cardiac
  activity, and the presence of arms, legs, external members, and
  internal organs; and
               (4)  make audible the live, real-time heart
  auscultation, when present, for the pregnant woman to hear, in a
  quality consistent with current medical practice, and provide, in a
  manner understandable to a layperson, a simultaneous verbal
  explanation of the live, real-time heart auscultation.
         (b)  During a visit made to a facility to fulfill the
  requirements of Subsection (a), the facility and any person at the
  facility may not accept any form of payment, deposit, or exchange or
  make any financial agreement for an abortion or abortion-related
  services other than for payment of a service required by Subsection
  (a). The amount charged for a service required by Subsection (a)
  may not exceed the reimbursement rate established for the service
  by the Health and Human Services Commission for statewide medical
  reimbursement programs.
         Sec. 171.054.  CERTIFICATION OF SONOGRAM. (a) After the
  live, real-time sonogram and the live, real-time heart auscultation
  required under Section 171.053 and before any sedative or
  anesthesia is administered to the pregnant woman and before the
  abortion begins, the pregnant woman on whom the abortion is to be
  performed shall certify by her signature that not more than 72 hours
  and not less than 24 hours before the abortion begins:
               (1)  she was provided with a live, real-time sonogram
  as required under Section 171.053;
               (2)  she had the opportunity to view the live,
  real-time sonogram images as required under Section 171.053;
               (3)  she was provided, in a manner understandable to a
  layperson, a simultaneous verbal explanation of the results of the
  sonogram images as required under Section 171.053; and
               (4)  she heard the live, real-time heart auscultation,
  when present, as required under Section 171.053.
         (b)  The department shall prepare the form to be used to make
  the certification required under Subsection (a). The form must
  include a space for the pregnant woman's signature and space for the
  woman to sign her initials beside each of the following statements:
               (1)  "Not more than 72 hours and not less than 24 hours
  before my abortion is to begin and at the facility where my abortion
  is to be performed, the doctor who is performing an abortion on me
  or a sonographer certified by a national registry of medical
  sonographers performed a sonogram on me and displayed the live,
  real-time sonogram images so that I could view them.";
               (2)  "The doctor who is performing an abortion on me or
  a sonographer certified by a national registry of medical
  sonographers has given me, in an understandable manner, a
  simultaneous verbal explanation of the results of the live,
  real-time sonogram images, including a medical description of the
  dimensions of the embryo or fetus, the presence of cardiac
  activity, and the presence of arms, legs, external members, and
  internal organs."; and
               (3)  "The doctor performing an abortion on me or a
  sonographer certified by a national registry of medical
  sonographers has made audible the live, real-time heart activity,
  when present, for me to hear. The doctor or sonographer has also
  provided, in an understandable manner, a simultaneous verbal
  explanation of the live, real-time heart activity."
         (c)  Before the abortion begins, a copy of the form required
  under this section must be:
               (1)  given to the physician who is to perform the
  abortion; and
               (2)  placed in the pregnant woman's medical records.
         (d)  A copy of the form required under this section shall be
  retained by the abortion provider until:
               (1)  the seventh anniversary of the date it is signed;
  or
               (2)  if the pregnant woman is a minor, the later of:
                     (A)  the seventh anniversary of the date it is
  signed; or
                     (B)  the woman's 21st birthday.
         Sec. 171.055.  RECEIVING INFORMATION DURING SONOGRAM.  The
  physician and the pregnant woman are not subject to a penalty under
  this subchapter solely because the pregnant woman chooses not to
  receive the information required to be provided under Section
  171.053.
         Sec. 171.056.  EXCEPTION FOR MEDICAL EMERGENCY. (a)  A
  physician may perform an abortion without providing the sonogram
  required under Section 171.053 only in a medical emergency. A
  physician who performs an abortion in a medical emergency shall:
               (1)  include in the patient's medical records a
  statement signed by the physician certifying the nature of the
  medical emergency; and
               (2)  not later than the seventh day after the date the
  abortion is performed, certify to the Department of State Health
  Services the specific medical condition that constituted the
  emergency.
         (b)  The statement required under Subsection (a)(1) shall be
  placed in the patient's medical records and shall be kept by the
  abortion provider until:
               (1)  the seventh anniversary of the date the abortion
  is performed; or
               (2)  if the pregnant woman is a minor, the later of:
                     (A)  the seventh anniversary of the date the
  abortion is performed; or
                     (B)  the woman's 21st birthday.
         Sec. 171.057.  VIOLATION. (a)  A physician who performs an
  abortion in violation of this subchapter engages in unprofessional
  conduct for which the physician's license shall be revoked under
  Chapter 164, Occupations Code.
         (b)  The department, in accordance with the procedures
  established under Chapter 241, 243, or 245, as applicable, shall
  revoke the license of an abortion provider that violates this
  subchapter.
         SECTION 2.  Subchapter A, Chapter 241, Health and Safety
  Code, is amended by adding Section 241.007 to read as follows:
         Sec. 241.007.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING SONOGRAM BEFORE ABORTION. A hospital shall comply with
  Subchapter C, Chapter 171.
         SECTION 3.  Subchapter A, Chapter 243, Health and Safety
  Code, is amended by adding Section 243.017 to read as follows:
         Sec. 243.017.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING SONOGRAM BEFORE ABORTION. An ambulatory surgical center
  shall comply with Subchapter C, Chapter 171.
         SECTION 4.  Chapter 245, Health and Safety Code, is amended
  by adding Section 245.024 to read as follows:
         Sec. 245.024.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING SONOGRAM BEFORE ABORTION. An abortion facility shall
  comply with Subchapter C, Chapter 171.
         SECTION 5.  Subchapter B, Chapter 164, Occupations Code, is
  amended by adding Section 164.0551 to read as follows:
         Sec. 164.0551.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING SONOGRAM BEFORE ABORTION.  A physician shall comply with
  Subchapter C, Chapter 171, Health and Safety Code.
         SECTION 6.  The change in law made by this Act applies only
  to an abortion performed on or after the 60th day after the
  effective date of this Act. An abortion performed before the 60th
  day after the effective date of this Act is governed by the law in
  effect on the date the abortion was performed, and the former law is
  continued in effect for that purpose.
         SECTION 7.  The Department of State Health Services shall
  compile the list required by Section 171.052, Health and Safety
  Code, as added by this Act, not later than the 60th day after the
  effective date of this Act.
         SECTION 8.  If any provision of this Act or its application
  to any person or circumstance is held invalid, the invalidity does
  not affect other provisions or applications of this Act that can be
  given effect without the invalid provision or application, and to
  this end the provisions of this Act are severable.
         SECTION 9.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.