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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiting period before a physician may perform an |
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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) Consent to an abortion is voluntary and informed only |
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if: |
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(1) the physician who is to perform the abortion |
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informs the pregnant woman on whom the abortion is to be performed |
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of: |
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(A) the physician's name; |
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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 pregnant 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; and |
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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; |
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(3) the physician who is to perform the abortion or the |
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physician's agent: |
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(A) provides the pregnant woman with the |
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printed materials described by Section 171.014; and |
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(B) informs the pregnant woman that those |
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materials: |
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(i) have been provided by the Department of |
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State Health Services; |
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(ii) are accessible on an Internet website |
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sponsored by the department; |
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(iii) describe the unborn child and list |
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agencies that offer alternatives to abortion; and |
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(iv) include a list of agencies that offer |
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sonogram services at no cost to the pregnant woman; |
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(4) before any sedative or anesthesia is administered |
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to the pregnant woman and [at least 24 hours] before the abortion is |
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performed [or at least two hours before the abortion if the pregnant
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woman waives this requirement by certifying that she currently
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lives 100 miles or more from the nearest abortion provider that is a
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facility licensed under Chapter 245 or a facility that performs
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more than 50 abortions in any 12-month period]: |
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(A) the physician who is to perform the abortion |
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or an agent of the physician who is also a sonographer certified by |
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a national registry of medical sonographers performs a sonogram on |
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the pregnant woman on whom the abortion is to be performed; |
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(B) the physician who is to perform the abortion |
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displays the sonogram images in a quality consistent with current |
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medical practice in a manner that the pregnant woman may view them; |
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(C) the physician who is to perform the abortion |
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provides, in a manner understandable to a layperson, a verbal |
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explanation of the results of the sonogram images, including a |
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medical description of the dimensions of the embryo or fetus, the |
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presence of cardiac activity, and the presence of external members |
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and internal organs; and |
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(D) the physician who is to perform the abortion |
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or an agent of the physician who is also a sonographer certified by |
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a national registry of medical sonographers makes audible the heart |
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auscultation for the pregnant woman to hear, if present, in a |
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quality consistent with current medical practice and provides, in a |
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manner understandable to a layperson, a simultaneous verbal |
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explanation of the heart auscultation; |
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(5) before receiving a sonogram under Subdivision |
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(4)(A) and before the abortion is performed and before any sedative |
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or anesthesia is administered, the pregnant woman completes and |
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certifies with her signature an election form that states as |
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follows: |
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"ABORTION AND SONOGRAM ELECTION |
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(1) THE INFORMATION AND PRINTED MATERIALS |
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DESCRIBED BY SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH |
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AND SAFETY CODE, HAVE BEEN PROVIDED AND EXPLAINED TO |
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ME. |
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(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF |
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AN ABORTION. |
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(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM |
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PRIOR TO RECEIVING AN ABORTION. |
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(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW |
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THE SONOGRAM IMAGES. |
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(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR |
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THE HEARTBEAT. |
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(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO |
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HEAR AN EXPLANATION OF THE SONOGRAM IMAGES UNLESS I |
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CERTIFY IN WRITING TO ONE OF THE FOLLOWING: |
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___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT, |
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INCEST, OR OTHER VIOLATION OF THE TEXAS PENAL CODE THAT |
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HAS BEEN REPORTED TO LAW ENFORCEMENT AUTHORITIES OR |
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THAT HAS NOT BEEN REPORTED BECAUSE I REASONABLY |
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BELIEVE THAT DOING SO WOULD PUT ME AT RISK OF |
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RETALIATION RESULTING IN SERIOUS BODILY INJURY. |
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___ I AM A MINOR AND OBTAINING AN ABORTION IN |
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ACCORDANCE WITH JUDICIAL BYPASS PROCEDURES UNDER |
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CHAPTER 33, TEXAS FAMILY CODE. |
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___ MY FETUS HAS AN IRREVERSIBLE MEDICAL |
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CONDITION OR ABNORMALITY, AS IDENTIFIED BY RELIABLE |
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DIAGNOSTIC PROCEDURES AND DOCUMENTED IN MY MEDICAL |
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FILE. |
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(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL |
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AND WITHOUT COERCION. |
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[(8)
FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM
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THE NEAREST ABORTION PROVIDER THAT IS A FACILITY
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LICENSED UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS
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MORE THAN 50 ABORTIONS IN ANY 12-MONTH PERIOD ONLY:
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[I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100
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MILES OR MORE FROM THE NEAREST ABORTION PROVIDER THAT
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IS A FACILITY LICENSED UNDER CHAPTER 245 OR A FACILITY
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THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY 12-MONTH
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PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS AFTER
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THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE
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ABORTION PROCEDURE.
MY PLACE OF RESIDENCE
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IS:__________.] |
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____________________ ____________________ |
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SIGNATURE DATE"; |
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(6) before the abortion is performed, the physician |
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who is to perform the abortion receives a copy of the signed, |
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written certification required by Subdivision (5); and |
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(7) the pregnant woman is provided the name of each |
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person who provides or explains the information required under this |
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subsection. |
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(b) The information required to be provided under |
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Subsections (a)(1) and (2) may not be provided by audio or video |
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recording and must be provided, [at least 24 hours] before the |
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abortion is to be performed,[:
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[(1)] orally and in person in a private and |
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confidential setting [if the pregnant woman currently lives less
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than 100 miles from the nearest abortion provider that is a facility
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licensed under Chapter 245 or a facility that performs more than 50
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abortions in any 12-month period; or
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[(2)
orally by telephone or in person in a private and
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confidential setting if the pregnant woman certifies that the woman
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currently lives 100 miles or more from the nearest abortion
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provider that is a facility licensed under Chapter 245 or a facility
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that performs more than 50 abortions in any 12-month period]. |
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SECTION 2. Section 171.017, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.017. PERIODS RUN CONCURRENTLY. If the woman is an |
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unemancipated minor subject to Chapter 33, Family Code, the 24-hour |
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period [periods] established under Section [Sections 171.012(b)
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and] 171.013(a) may run concurrently with the period during which |
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actual or constructive notice is provided under Section 33.002, |
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Family Code. |
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SECTION 3. The change in law made by this Act applies only |
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to an abortion performed on or after the effective date of this Act. |
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An abortion performed before the effective date of this Act is |
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governed by the law in effect on the date the abortion is performed, |
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and that law continues in effect for that purpose. |
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SECTION 4. 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, 2015. |