CHAPTER 171. ABORTION - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE H. PUBLIC HEALTH PROVISIONS

CHAPTER 171. ABORTION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 171.001. SHORT TITLE. This chapter may be called the

Woman's Right to Know Act.

Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.

Sec. 171.002. DEFINITION. In this chapter, "abortion" means the

use of any means to terminate the pregnancy of a female known by

the attending physician to be pregnant with the intention that

the termination of the pregnancy by those means will, with

reasonable likelihood, cause the death of the fetus.

Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.

Sec. 171.003. PHYSICIAN TO PERFORM. An abortion may be

performed only by a physician licensed to practice medicine in

this state.

Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.

Sec. 171.004. ABORTION OF FETUS AGE 16 WEEKS OR MORE. 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.

Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1,

2003.

Sec. 171.005. DEPARTMENT TO ENFORCE. The department shall

enforce this chapter.

Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.

SUBCHAPTER B. INFORMED CONSENT

Sec. 171.011. INFORMED CONSENT REQUIRED. A person may not

perform an abortion without the voluntary and informed consent of

the woman on whom the abortion is to be performed.

Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2003.

Sec. 171.012. VOLUNTARY AND INFORMED CONSENT. (a) Except in

the case of a medical emergency, consent to an abortion is

voluntary and informed only if:

(1) the physician who is to perform the abortion or the

referring physician informs the woman on whom the abortion is to

be performed of:

(A) the name of the physician who will perform the abortion;

(B) the particular medical risks associated with the particular

abortion procedure to be employed, including, when medically

accurate:

(i) the risks of infection and hemorrhage;

(ii) the potential danger to a subsequent pregnancy and of

infertility; and

(iii) the possibility of increased risk of breast cancer

following an induced abortion and the natural protective effect

of a completed pregnancy in avoiding breast cancer;

(C) the probable gestational age of the unborn child at the time

the abortion is to be performed; and

(D) the medical risks associated with carrying the child to

term;

(2) the physician who is to perform the abortion or the

physician's agent informs the woman that:

(A) medical assistance benefits may be available for prenatal

care, childbirth, and neonatal care;

(B) the father is liable for assistance in the support of the

child without regard to whether the father has offered to pay for

the abortion;

(C) public and private agencies provide pregnancy prevention

counseling and medical referrals for obtaining pregnancy

prevention medications or devices, including emergency

contraception for victims of rape or incest; and

(D) the woman has the right to review the printed materials

described by Section 171.014, that those materials have been

provided by the Texas Department of Health and are accessible on

an Internet website sponsored by the department, and that the

materials describe the unborn child and list agencies that offer

alternatives to abortion;

(3) the woman certifies in writing before the abortion is

performed that the information described by Subdivisions (1) and

(2) has been provided to her and that she has been informed of

her opportunity to review the information described by Section

171.014; and

(4) before the abortion is performed, the physician who is to

perform the abortion receives a copy of the written certification

required by Subdivision (3).

(b) The information required to be provided under Subsections

(a)(1) and (2) must be provided:

(1) orally by telephone or in person; and

(2) at least 24 hours before the abortion is to be performed.

(c) When providing the information under Subsection (a)(2)(D),

the physician or the physician's agent must provide the woman

with the address of the Internet website on which the printed

materials described by Section 171.014 may be viewed as required

by Section 171.014(e).

(d) The information provided to the woman under Subsection

(a)(2)(B) must include, based on information available from the

Office of the Attorney General and the United States Department

of Health and Human Services Office of Child Support Enforcement

for the three-year period preceding the publication of the

information, information regarding the statistical likelihood of

collecting child support.

(e) The department is not required to republish informational

materials described by Subsection (a)(2)(B) because of a change

in information described by Subsection (d) unless the statistical

information in the materials changes by five percent or more.

Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1,

2003.

Sec. 171.013. DISTRIBUTION OF STATE MATERIALS. (a) If the

woman chooses to view the materials described by Section 171.014,

the physician or the physician's agent shall furnish copies of

the materials to her at least 24 hours before the abortion is to

be performed. A physician or the physician's agent may furnish

the materials to the woman by mail if the materials are mailed,

restricted delivery to addressee, at least 72 hours before the

abortion is to be performed.

(b) A physician or the physician's agent is not required to

furnish copies of the materials if the woman provides the

physician with a written statement that she chooses to view the

materials on the Internet website sponsored by the department.

(c) The physician and the physician's agent may disassociate

themselves from the materials and may choose to comment on the

materials or to refrain from commenting.

Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1,

2003.

Sec. 171.014. INFORMATIONAL MATERIALS. (a) The department

shall publish informational materials that include:

(1) the information required to be provided under Sections

171.012(a)(1)(B) and (D) and (a)(2)(A), (B), and (C); and

(2) the materials required by Sections 171.015 and 171.016.

(b) The materials shall be published in:

(1) English and Spanish;

(2) an easily comprehensible form; and

(3) a typeface large enough to be clearly legible.

(c) The materials shall be available at no cost from the

department on request. The department shall provide appropriate

quantities of the materials to any person.

(d) The department shall annually review the materials to

determine if changes to the contents of the materials are

necessary. The department shall adopt rules necessary for

considering and making changes to the materials.

(e) The department shall develop and maintain an Internet

website to display the information required to be published under

this section. In developing and maintaining the website the

department shall, to the extent reasonably practicable, safeguard

the website against alterations by anyone other than the

department and shall monitor the website each day to prevent and

correct tampering. The department shall ensure that the website

does not collect or maintain information regarding access to the

website.

(f) In addition to any other organization or entity, the

department shall use the American College of Obstetricians and

Gynecologists as the resource in developing information required

to be provided under Sections 171.012(a)(1)(B) and (D), Sections

171.012(a)(2)(A), (B), and (C), and Section 171.016, and in

maintaining the department's Internet website.

Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1,

2003.

Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE

AGENCIES. The informational materials must include either:

(1) geographically indexed materials designed to inform the

woman of public and private agencies and services that:

(A) are available to assist a woman through pregnancy,

childbirth, and the child's dependency, including:

(i) a comprehensive list of adoption agencies;

(ii) a description of the services the adoption agencies offer;

and

(iii) a description of the manner, including telephone numbers,

in which an adoption agency may be contacted;

(B) do not provide abortions or abortion-related services or

make referrals to abortion providers; and

(C) are not affiliated with organizations that provide abortions

or abortion-related services or make referrals to abortion

providers; or

(2) a toll-free, 24-hour telephone number that may be called to

obtain an oral list and description of agencies described by

Subdivision (1) that are located near the caller and of the

services the agencies offer.

Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1,

2003.

Sec. 171.016. INFORMATION RELATING TO CHARACTERISTICS OF UNBORN

CHILD. (a) The informational materials must 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 any relevant information on

the possibility of the unborn child's survival.

(b) The materials must include color pictures representing the

development of the child at two-week gestational increments. The

pictures must contain the dimensions of the unborn child and must

be realistic.

(c) The materials provided under this section must be objective

and nonjudgmental and be designed to convey only accurate

scientific information about the unborn child at the various

gestational ages.

Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1,

2003.

Sec. 171.017. PERIODS RUN CONCURRENTLY. If the woman is an

unemancipated minor subject to Chapter 33, Family Code, the

24-hour periods established under Sections 171.012(b) and

171.013(a) may run concurrently with the period during which

actual or constructive notice is provided under Section 33.002,

Family Code.

Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1,

2003.

Sec. 171.018. OFFENSE. A physician who intentionally performs

an abortion on a woman in violation of this subchapter commits an

offense. An offense under this section is a misdemeanor

punishable by a fine not to exceed $10,000. In this section,

"intentionally" has the meaning assigned by Section 6.03(a),

Penal Code.

Added by Acts 2003, 78th Leg., ch. 999, Sec. 1, eff. Sept. 1,

2003.