Texas Bill Requiring Counseling Before an Abortion is Performed (SB 2243)

SB 2243 would require a pregnant person to undergo counseling in addition to current informed consent requirements prior to the performance of an abortion.

Except during a medical emergency and prior to the performance of an abortion, a physician would be required to certify that the pregnant person received pre-abortion counseling at no cost to the pregnant person from a counselor.

The counselor would need to meet certain qualifications established by commission rule. They could not be employed by, contracted with, or have a pecuniary interest in an abortion facility. The counselor would need to be authorized under a contract with the commission to provide counseling services.

The counselor would be required to provide the pregnant person with:

• medically accurate information using the informational materials required and developed by the state;
• an assessment of and offer of assistance in obtaining support services other than abortion that the pregnant person may need or be eligible for;
• education on available state and local resources to address the pregnant person’s socioeconomic needs; and
• screening for domestic violence, coercion of abortion, or human trafficking.

The counselor would need to issue the certificate within one business day or “as soon as practical” after the appointment.

The counselor would be required to report to the commission demographic information to assist the commission in determining the supply and demand of social services in the pregnant person’s geographic region.

Related Legislation

Companion bill to HB 4463.

Latest Action

3/8/19 – Introduced.

4/25/19 – Amended; approved by committee (6-3).

5/3/19 – Passed the Senate in a 20-10 vote.

People