HB2651 - Relating to an exemption from abortion restrictions for unemancipated minors and the repeal of provisions regarding notice and consent to those abortions.

  89R11985 JG-D     By: Plesa H.B. No. 2651       A BILL TO BE ENTITLED   AN ACT   relating to an exemption from abortion restrictions for   unemancipated minors and the repeal of provisions regarding notice   and consent to those abortions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is   amended by adding Chapter 171A to read as follows:   CHAPTER 171A. EXEMPTION FROM ABORTION RESTRICTIONS FOR   UNEMANCIPATED MINORS           Sec.   171A.001.     DEFINITION. In this chapter, "unemancipated   minor" includes a minor who:                 (1)  is unmarried; and                 (2)     has not had the disabilities of minority removed   under Chapter 31, Family Code.           Sec.   171A.002.     EXEMPTION FROM ABORTION RESTRICTIONS. (a)   Notwithstanding any other law, including Chapter 32, Family Code, a   physician may perform or induce an abortion otherwise prohibited   under state law on an unemancipated minor who consents to the   abortion without obtaining parental consent or judicial approval to   perform or induce the abortion.           (b)     The restriction on the provision of an   abortion-inducing drug under Section 171.063(c)(6) does not apply   to the provision of the drug to an unemancipated minor if, based on   the physician's reasonable medical judgment and the gestational age   of the pregnancy, the drug will be effective and does not pose a   risk to the minor.           Sec.   171A.003.     LIMITATION ON LIABILITY. Notwithstanding   any other law, a physician who performs or induces an abortion on an   unemancipated minor as authorized under this chapter is not subject   to civil or criminal liability or disciplinary action for   performing or inducing the abortion.          SECTION 2.  Section 32.003(a), Family Code, is amended to   read as follows:          (a)  A child may consent to medical, dental, psychological,   and surgical treatment for the child by a licensed physician or   dentist if the child:                (1)  is on active duty with the armed services of the   United States of America;                (2)  is:                      (A)  16 years of age or older and resides separate   and apart from the child's parents, managing conservator, or   guardian, with or without the consent of the parents, managing   conservator, or guardian and regardless of the duration of the   residence; and                      (B)  managing the child's own financial affairs,   regardless of the source of the income;                (3)  consents to the diagnosis and treatment of an   infectious, contagious, or communicable disease that is required by   law or a rule to be reported by the licensed physician or dentist to   a local health officer or the Texas Department of Health, including   all diseases within the scope of Section 81.041, Health and Safety   Code;                (4)  is unmarried and pregnant and consents to   hospital, medical, or surgical treatment[ , other than abortion, ]   related to the pregnancy;                (5)  consents to examination and treatment for drug or   chemical addiction, drug or chemical dependency, or any other   condition directly related to drug or chemical use;                (6)  is unmarried, is the parent of a child, and has   actual custody of his or her child and consents to medical, dental,   psychological, or surgical treatment for the child; or                (7)  is serving a term of confinement in a facility   operated by or under contract with the Texas Department of Criminal   Justice[ , unless the treatment would constitute a prohibited   practice under Section 164.052(a)(19), Occupations Code ].          SECTION 3.  Section 266.010(a), Family Code, is amended to   read as follows:          (a)  A foster child who is at least 16 years of age may   consent to the provision of medical care[ , except as provided by   Chapter 33, ] if the court with continuing jurisdiction determines   that the child has the capacity to consent to medical care.  If the   child provides consent by signing a consent form, the form must be   written in language the child can understand.          SECTION 4.  Section 501.065, Government Code, is amended to   read as follows:          Sec. 501.065.  CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,   AND SURGICAL TREATMENT. An inmate who is younger than 18 years of   age and is confined in a facility operated by or under contract with   the department may, in accordance with procedures established by   the department, consent to medical, dental, psychological, and   surgical treatment for the inmate by a licensed health care   practitioner, or a person under the direction of a licensed health   care practitioner[ , unless the treatment would constitute a   prohibited practice under Section 164.052(a)(19), Occupations   Code ].          SECTION 5.  Section 171.012(a), Health and Safety Code, is   amended to read as follows:          (a)  Consent to an abortion is voluntary and informed only   if:                (1)  the physician who is to perform or induce the   abortion informs the pregnant woman on whom the abortion is to be   performed or induced of:                      (A)  the physician's name;                      (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 or induced; and                      (D)  the medical risks associated with carrying   the child to term;                (2)  the physician who is to perform or induce the   abortion or the physician's agent informs the pregnant 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; and                      (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;                (3)  the physician who is to perform or induce the   abortion or the physician's agent:                      (A)  provides the pregnant woman with the printed   materials described by Section 171.014; and                      (B)  informs the pregnant woman that those   materials:                            (i)  have been provided by the commission;                            (ii)  are accessible on an Internet website   sponsored by the commission;                            (iii)  describe the unborn child and list   agencies that offer alternatives to abortion; and                            (iv)  include a list of agencies that offer   sonogram services at no cost to the pregnant woman;                (4)  before any sedative or anesthesia is administered   to the pregnant woman and at least 24 hours before the abortion or   at least two hours before the abortion if the pregnant woman waives   this requirement by certifying that she currently lives 100 miles   or more from the nearest abortion provider that is a facility   licensed under Chapter 245 or a facility that performs more than 50   abortions in any 12-month period:                      (A)  the physician who is to perform or induce the   abortion or an agent of the physician who is also a sonographer   certified by a national registry of medical sonographers performs a   sonogram on the pregnant woman on whom the abortion is to be   performed or induced;                      (B)  the physician who is to perform or induce the   abortion displays the sonogram images in a quality consistent with   current medical practice in a manner that the pregnant woman may   view them;                      (C)  the physician who is to perform or induce the   abortion provides, in a manner understandable to a layperson, a   verbal explanation of the results of the sonogram images, including   a medical description of the dimensions of the embryo or fetus, the   presence of cardiac activity, and the presence of external members   and internal organs; and                      (D)  the physician who is to perform or induce the   abortion or an agent of the physician who is also a sonographer   certified by a national registry of medical sonographers makes   audible the heart auscultation for the pregnant woman to hear, if   present, in a quality consistent with current medical practice and   provides, in a manner understandable to a layperson, a simultaneous   verbal explanation of the heart auscultation;                (5)  before receiving a sonogram under Subdivision   (4)(A) and before the abortion is performed or induced and before   any sedative or anesthesia is administered, the pregnant woman   completes and certifies with her signature an election form that   states as follows:   "ABORTION AND SONOGRAM ELECTION                (1)  THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY   SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN   PROVIDED AND EXPLAINED TO ME.            &#xA0 [Text truncated for display. 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