AUSTIN (CN) - In a federal class action, physicians say an unconstitutionally vague Texas law that takes effect Sept. 1 threatens them with criminal prosecution and loss of their medical licenses if they fail to obtain "informed consent" of women who seek abortion, by giving them "visual and auditory depictions of the fetus" beforehand.
Gov. Rick Perry, who is considering running for president, signed Texas House Bill 15 on May 19. The bill "takes effect on September 1, 2011, and applies to any and all abortions performed on or after October 1, 2011," according to the complaint.
The plaintiff class "Texas Medical Providers Performing Abortion Services" is led by Metropolitan OB-GYN PA dba Reproductive Services of San Antonio, and its director, a physician.
HB 15 amended a Texas statute enacted in 2003 known as the Women's Right to Know Act (WRKA), "which mandates that certain procedures and content be used in the informed consent process when the patient is a woman seeking an abortion," according to the complaint.
The 2003 law requires that doctors must inform the woman of the name of the doctor who will perform the abortion, the medical risks associated with the procedure, the probable gestational age of the fetus and the medical risks of carrying a pregnancy to term.
"The performing physician or the physician's agent must also inform the woman that: (1) specified types of medical assistance benefits may be available to her; (2) the father is liable for child support; (3) public and private agencies provide pregnancy prevention counseling and referrals for obtaining birth control; and (4) she has the right to view printed state materials, which are also accessible on the Internet, describing the fetus and listing agencies that offer abortion alternatives. This information must be given to the woman by telephone or in person at least 24 hours before the abortion," the complaint states. (Citations omitted.)
Under current law intentional performance of an abortion in violation of the WRKA constitutes a misdemeanor punishable by a fine of up to $10,000.
HB 15 amends the Women's Right to Know Act by adding a new penalty, which requires the Texas Medical Board to "refuse to renew the license of any physician who violates the WRKA," the complaint states.
In addition, it states that to obtain a woman's "informed consent," a doctor or a "certified sonographer" must perform an ultrasound on the woman at least 24 hours before the abortion.
"Under the Act the physician who will perform the abortion must 'display[] the
sonogram images in a quality consistent with medical practice in a manner that the pregnant woman may view them,'" the complaint states. (Empty brackets in complaint, with no explanation.)
"The physician who will perform the abortion must also describe the fetal image to the pregnant women in great detail," the complaint states.
The doctor also must make the fetal heartbeat, if any, audible for the pregnant woman to hear, and verbally explain it to her.
"Prior to the pre-abortion ultrasound, the woman must fill out a certification form
indicating that she understands that: (1) Texas law requires she receive a ultrasound prior to receiving an abortion; (2) she has 'the option to view the sonogram images;' (3) she has the 'option to hear the heartbeat;' and (4) she is 'required by law to hear [the physician's] explanation of the sonogram images' unless she certifies in writing that she falls into one of three limited categories," according to the complaint. (Brackets in complaint.)