Texas Medical Board Adopts Parental Consent Form

The Texas Medical Board last week adopted rules requiring physicians to gain written and notarized parental consent before performing an abortion on a minor, the Houston Chronicle reports (Ross Hughes, Houston Chronicle, 9/1). Under a state law, which Gov. Rick Perry (R) signed in June 2005, physicians are required to obtain signed consent from a parent or guardian before performing an abortion on a minor. Failure to follow the law can result in a license violation. The law allows for judicial bypass in cases of potential abuse or in cases where the minor is deemed mature enough to make the decision on her own. Previously, parents of minors seeking abortion had to be notified 48 hours before the procedure but parental permission was not required (Kaiser Daily Women's Health Policy Report, 8/30/05). The law took effect Sept. 1, 2005, but the state medical board, which was in charge of implementing the law, did not adopt the consent form until last week. The six-page form includes information about the medical risks associated with abortion and "women's-right-to-know" brochures. Joe Pojman, executive director of Texas Alliance for Life, said the adopted rules require signatures of the abortion provider, guardian and minor on consent forms. Physicians also are required to use "due diligence" to verify the age of the minor, according to the rules. The board plans to send a copy of the adopted parental consent rules to the Texas Register next week, and the rules will take effect within 20 days, the Chronicle reports. Donald Patrick, executive director of the state medical board, said Perry's office has endorsed the final consent form (Houston Chronicle, 9/1).

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