2005 Texas Health & Safety Code CHAPTER 171. ABORTION

HEALTH & SAFETY CODE

CHAPTER 171. ABORTION

SUBCHAPTER A. GENERAL PROVISIONS


	§ 171.001. SHORT TITLE.  This chapter may be called the 
Woman's Right to Know Act.

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


	§ 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.

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


	§ 171.003. PHYSICIAN TO PERFORM.  An abortion may be 
performed only by a physician licensed to practice medicine in this 
state.

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


	§ 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, § 1, eff. Sept. 1, 2003.           


	§ 171.005. DEPARTMENT TO ENFORCE.  The department shall 
enforce this chapter.

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

SUBCHAPTER B. INFORMED CONSENT


	§ 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.

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


	§ 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, § 1, eff. Sept. 1, 2003.           


	§ 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, § 1, eff. Sept. 1, 2003.           


	§ 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, § 1, eff. Sept. 1, 2003.           


	§ 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, § 1, eff. Sept. 1, 2003.           


	§ 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, § 1, eff. Sept. 1, 2003.           


	§ 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, § 1, eff. Sept. 1, 2003.           


	§ 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, § 1, eff. Sept. 1, 2003.