85R12300 SCL-F     By: Leach H.B. No. 3246       A BILL TO BE ENTITLED   AN ACT   relating to voluntary and informed consent to an abortion and   actions to be taken by an abortion provider to prevent coerced   abortions and human trafficking.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter B, Chapter 171, Health   and Safety Code, is amended to read as follows:   SUBCHAPTER B.  VOLUNTARY AND INFORMED CONSENT          SECTION 2.  Section 171.015, Health and Safety Code, is   amended to read as follows:          Sec. 171.015.  INFORMATION RELATING TO PUBLIC AND PRIVATE   AGENCIES.  The informational materials must include:                (1)  geographically indexed materials designed to   inform the pregnant 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;                            (iii)  a description of the manner,   including telephone numbers, in which an adoption agency may be   contacted; [and]                            (iv)  a comprehensive list of agencies and   organizations that offer sonogram services at no cost to the   pregnant woman;                            (v)  pregnancy resource centers and   maternity homes;                            (vi)  a comprehensive list of assistance   programs for victims of family violence and human trafficking;                            (vii)  the telephone number and Internet   website of the National Human Trafficking Resource Center;                            (viii)  a list of persons licensed to   practice in this state as social workers, licensed professional   counselors, licensed marriage and family therapists, and   psychologists who have volunteered to assist women being coerced or   forced to have or seek an abortion or volunteered to provide   services for human trafficking rescue and restoration; and                            (ix)  nonprofit organizations that provide   free legal aid to women being coerced or forced to have or seek an   abortion or to victims of human trafficking;                      (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; and                (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.          SECTION 3.  Subchapter B, Chapter 171, Health and Safety   Code, is amended by adding Sections 171.019, 171.020, 171.021,   171.022, and 171.023 to read as follows:          Sec. 171.019.  PREVENTION OF COERCED ABORTIONS.  (a) Before   any anesthesia or sedative is given to a woman and before an   abortion is performed on the woman, a physician shall:                (1)  verbally inform the woman that the physician   cannot perform the abortion unless the woman provides her voluntary   and informed consent; and                (2)  provide the woman with the coerced abortion form   described by Section 171.020:                      (A)  in both English and Spanish; and                      (B)  in a language other than English or Spanish   if required under Section 171.020(c).          (b)  A physician may not perform an abortion on a woman   unless, before the abortion, the woman certifies on the coerced   abortion form described by Section 171.020 that she received from   the physician the information and materials required by Subsection   (a).          Sec. 171.020.  COERCED ABORTION FORM; RETENTION OF FORM.   (a)  The department shall develop a coerced abortion form to be   completed by each woman on whom an abortion is performed in this   state.          (b)  The department shall provide the form required by   Subsection (a) in both English and Spanish.          (c)  If the department determines that a substantial number   of residents in this state speak a primary language other than   English or Spanish, the department shall provide the form required   by Subsection (a) in that language. The department shall instruct a   facility that provides abortions to provide the coerced abortion   form in a language other than English or Spanish if the department   determines that a substantial number of residents in the area speak   a primary language other than English or Spanish.          (d)  A copy of the coerced abortion form certified by the   woman shall be placed in the woman's medical file and kept until at   least the seventh anniversary of the date on which the form was   signed or, if the woman is a minor, at least until the date the woman   reaches 20 years of age, whichever is later.          Sec. 171.021.  PREVENTION OF HUMAN TRAFFICKING; ASSISTANCE   TO VICTIMS.  (a)  If a woman at any time before an abortion is   performed on the woman indicates to the physician or the   physician's agent that she is a victim of human trafficking or the   physician is otherwise made aware that the woman has indicated she   is a victim of human trafficking, the physician shall:                (1)  report an offense under Section 20A.02, Penal   Code, to local law enforcement;                (2)  provide the woman with the information described   by Section 171.015; and                (3)  provide the woman with access to a telephone in a   private room.          (b)  An agent of a physician, including a volunteer for or an   employee of the physician or of an office or facility at which   abortions are performed, shall immediately notify the physician who   is to perform an abortion on a woman if the woman communicates to   the agent that the woman is a victim of human trafficking.          (c)  If a physician or physician's agent has reasonable   suspicion that a woman is a victim of human trafficking, the   physician or physician's agent shall immediately report the   suspected trafficking and the name of the individual suspected of   trafficking to the appropriate local law enforcement agency.          Sec. 171.022.  WITHDRAWAL OF CONSENT.  A woman on whom an   abortion is to be performed may withdraw consent to the abortion at   any time before the performance of the abortion.          Sec. 171.023.  SIGN POSTING. (a)  An office or facility at   which abortions are performed shall post the following sign:   "NOTICE:  Human trafficking, including sex trafficking, is a   violation of the law, and the state can help victims of trafficking.     You have the right to a telephone in a private room to contact any   local law enforcement agency to receive protection from any actual   or threatened physical abuse or violence.  Texas law prohibits a   physician from performing an abortion, including inducing,   prescribing for, or otherwise providing the means for an abortion,   unless you give your voluntary and informed consent without   coercion or force.  Texas law also prohibits a physician from   performing an abortion against your will.".          (b)  The sign described by Subsection (a) must:                (1)  be printed with lettering that is legible and in at   least two-inch boldfaced type;                (2)  be printed and posted in both English and Spanish,   as well as any language other than English or Spanish if it is   likely that a substantial number of the residents in the area speak   a language other than English or Spanish as their primary language;   and                (3)  include the telephone number for the National   Domestic Violence Hotline.          (c)  An office or facility at which abortions are performed   shall conspicuously post the sign described by Subsection (a) in a   location in which each patient will be able to view the sign while   the patient is alone.          (d)  If requested by a patient, the office or facility shall   provide the patient:                (1)  a paper copy of the sign described by Subsection   (a) in the language preferred by the patient; and                (2)  access to a telephone in a private room.          SECTION 4.  (a)  As soon as practicable after the effective   date of this Act, the Department of State Health Services shall:                (1)  develop and make available:                      (A)  the coerced abortion form required by   Subchapter B, Chapter 171, Health and Safety Code, as amended by   this Act, along with instructions for completing the form; and                      (B)  the sign required by Section 171.023, Health   and Safety Code, as added by this Act; and                (2)  revise the informational materials under Section   171.015, Health and Safety Code, as amended by this Act.          (b)  The executive commissioner of the Health and Human   Services Commission may identify rules required by the passage of   this Act that must be adopted on an emergency basis and may use the   procedures established under Section 2001.034, Government Code,   for adopting those rules.  The executive commissioner is not   required to make the finding described by Section 2001.034(a),   Government Code, to adopt emergency rules under this subsection.          (c)  A physician or other person subject to the requirements   of Sections 171.019, 171.020, 171.021, 171.022, and 171.023, Health   and Safety Code, as added by this Act, is not required to provide,   use, or retain the coerced abortion form under Section 171.019 or   171.020, Health and Safety Code, as added by this Act, or post the   sign required under Section 171.023, Health and Safety Code, as   added by this Act, before the Department of State Health Services   develops and makes available the form and the sign.          (d)  A physician is not criminally liable under Section   171.018, Health and Safety Code, for failing to provide updated   informational materials under Section 171.015, Health and Safety   Code, as amended by this Act, failing to provide, use, or retain the   coerced abortion form under Section 171.019 or 171.020, Health and   Safety Code, as added by this Act, or failing to post the sign   required under Section 171.023, Health and Safety Code, as added by   this Act, before the Department of State Health Services develops   and makes available the revised informational materials, the form,   or the sign.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.