HBA-AMW H.B. 17 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 17
By: Corte
State Affairs
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

Current law allows health care providers to provide information and
counseling to their abortion patients, but does not require doctors to
notify their patients of the potential risks or alternatives to the
procedure. Many women may never receive such information or the information
they receive may be incomplete. House Bill 17 requires voluntary and
informed consent of the woman for an abortion to be performed.  The bill
sets forth the required information to be provided to women seeking an
abortion, including information regarding public and private agencies that
assist with pregnancy, childbirth, and adoption procedures, the development
of an unborn child, and pregnancy prevention information.  The bill also
modifies the prerequisites for licensing a physician's office as an
abortion facility and provides that an abortion procedure of a fetus age 16
weeks or more may be performed only at an ambulatory surgical center or
hospital licensed to perform the procedure.  H.B. 17 also prohibits new
abortion facilities from being located within 1,500 feet of a church or
school. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health in
SECTION 1 (Section 171.014, Health and Safety Code) and the Texas Board of
Health in SECTION 3 (Section 245.010, Health and Safety Code) of this bill. 

ANALYSIS

House Bill 17 amends the Health and Safety Code to add a chapter relating
to the regulation of abortion. The bill provides that an abortion must be
performed by a physician licensed to practice medicine in this state and
provides that an abortion of a fetus age 16 weeks or more may be performed
only at an ambulatory surgical center or hospital licensed to perform the
abortion (Secs. 171.002 and 171.003). 

Informed Consent

H.B. 17 requires the voluntary and informed consent of the woman on whom an
abortion is to be performed for the abortion to be performed (Sec.
171.011).  The bill sets forth the conditions under which consent is
considered to be voluntary and informed and provides an exception in the
case of a medical emergency.  Consent is considered to be voluntary and
informed if the physician  who is to perform the abortion or the referring
physician informs the woman of the name of the physician performing the
abortion, the medical risks associated with the particular abortion
procedure to be employed, the probable gestational age of the unborn child
at the time the abortion is to be performed, and the medical risks
associated with carrying the child to term.  In addition, the bill requires
the physician who is to perform the abortion or the physician's agent to
inform the woman that medical assistance benefits may be available for
prenatal, childbirth, and neonatal care, that the father is liable for
child support assistance, that public and private agencies provide
pregnancy prevention counseling, and that the woman has the right to review
the printed informational materials provided by the Texas Department of
Health (department) (Sec. 171.012). 

For consent to be considered voluntary and informed, the bill requires,
before the abortion is performed, that the woman certify in writing and the
physician receive a copy of that certification that the  aforementioned
information and  pregnancy prevention information have been provided to her
and that she has been informed of her opportunity to review the
informational materials published by the department. The bill further
requires that the information required to be provided for voluntary and
informed consent must be provided orally and in person and that any
required or optional information that is requested must be provided at
least 24 hours before the abortion is to be performed (Secs. 171.012 and
171.013). 

Informational Materials

H.B. 17 requires the department to publish informational materials and sets
forth the information to be included. The bill authorizes the physician and
the physician's agent to disassociate themselves from the materials and
gives them the option of whether or not to comment on the materials.  The
bill requires such materials to be published in an easily comprehensible
and legible form in both English and Spanish.  The bill requires the
department to prepare and have the informational materials available for
distribution by December 1, 2001, to make the materials available at no
cost, to review the materials annually for changes, and to adopt the rules
necessary for considering and making such changes (Secs. 171.013, 171.014,
and SECTION 5).  The bill requires the rules to contain provisions
requiring compliance with requirements related to informed consent (Sec.
245.010).   

The bill provides that the informational materials relating to public and
private agencies must include either: 

 _geographically indexed materials designed to inform the woman of agencies
and services available to assist a woman through pregnancy, childbirth, and
the child's dependency, including a comprehensive list of adoption agencies
and services and contact information, including telephone numbers, for
adoption agencies; or 

 _a toll-free, 24-hour telephone number for obtaining an oral list and
description of the aforementioned agencies and services located near the
caller (Sec. 171.015).  

The bill requires the informational materials to include materials designed
to inform the woman of the probable anatomical and physiological
characteristics of the unborn child at two-week gestational increments from
the time when a woman can be known to be pregnant to full term, including
information on the possibility of the unborn child's survival.  The
materials must include realistic color pictures representing the
development of the child at two-week gestational increments that contain
dimensions of the unborn child.  Such materials must be objective,
nonjudgmental, and designed to convey only accurate scientific information
about the unborn child (Sec. 171.016).  

The bill requires that information on pregnancy prevention be designed to
inform the woman of pregnancy prevention methods for females and males.
The information must describe each method in detail and illustrate the
proper use of each method.  The pregnancy prevention information must be
provided to a woman requesting an abortion by the physician or physician's
agent whether or not the woman chooses to view the informational materials
provided by the department (Sec. 171.017).  If the woman is an
unemancipated minor subject to provisions regarding notice of abortion, the
bill authorizes the 24-hour periods established for providing the
information required for voluntary and informed consent and the optional
informational materials to run concurrently with the period during which
actual or constructive notice is provided under parental notice provisions
(Sec. 171.018). 

Exemptions from Licensing Requirement

H.B. 17 requires a physician's office to be licensed as an abortion
facility if it advertises that the facility performs abortions, is used to
perform 10 or more abortion procedures during any month or 100 or more
abortion procedures in a year, or, for a facility that operates less than
20 days in a month, performs a number of abortions that would be equivalent
to 10 abortions in one month.  Current law requires a physician's office to
be licensed as an abortion facility if it performs more than 300 abortions
in any 12month period (Sec. 245.004). 

 



Location of Abortion Facility

H.B. 17 prohibits an abortion facility from being located within 1,500 feet
of the property on which a church or school is located, unless the facility
began operation before September 1, 2001.  The bill provides that an
abortion facility does not violate this prohibition if the facility is in
compliance on the date the facility begins operation and a church or school
subsequently is located within 1,500 feet of the facility. The bill sets
forth the procedure for measuring the distance between an abortion facility
and a church or school (Sec. 245.0104). 

EFFECTIVE DATE

September 1, 2001, and applies only to an abortion that is performed on or
after January 1, 2002.