1-1 By: Harris S.B. No. 1033
1-2 (In the Senate - Filed March 8, 1995; March 9, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 May 1, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 2; May 1, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1033 By: Nixon
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the protection of the rights and health of women;
1-11 providing penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Sections 243.002, 243.004, and 243.006, Health
1-14 and Safety Code, are amended to read as follows:
1-15 Sec. 243.002. DEFINITIONS. In this chapter:
1-16 (1) "Abortion" has the meaning assigned by Section
1-17 4.011(a), Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-18 Statutes).
1-19 (2) "Ambulatory surgical center" means a facility that
1-20 operates primarily to provide surgical services, including abortion
1-21 services, to patients who do not require overnight hospital care.
1-22 (3) <(2)> "Board" means the Texas Board of Health.
1-23 (4) <(3)> "Department" means the Texas Department of
1-24 Health.
1-25 (5) <(4)> "Person" means an individual, firm,
1-26 partnership, corporation, or association.
1-27 Sec. 243.004. EXEMPTIONS FROM LICENSING REQUIREMENT. The
1-28 following facilities need not be licensed under this chapter:
1-29 (1) an office or clinic of a licensed physician,
1-30 dentist, or podiatrist, other than an office or clinic where
1-31 abortion services are performed;
1-32 (2) a licensed nursing home; or
1-33 (3) a licensed hospital.
1-34 Sec. 243.006. INSPECTIONS. (a) The department may inspect
1-35 an ambulatory surgical center at reasonable times as necessary to
1-36 assure compliance with this chapter.
1-37 (b) An ambulatory surgical center licensed by the department
1-38 and certified under Title XVIII of the Social Security Act (42
1-39 U.S.C. Section 1395 et seq.) is not subject to additional licensing
1-40 inspections under this chapter while the center maintains the
1-41 certification.
1-42 (c) At least once each year, the department shall inspect an
1-43 ambulatory surgical center that is not certified under Title XVIII
1-44 of the Social Security Act (42 U.S.C. Section 1395 et seq.). An
1-45 inspection conducted under this subsection shall be substantially
1-46 similar to an inspection conducted in connection with certification
1-47 under that law.
1-48 SECTION 2. Chapter 243, Health and Safety Code, is amended
1-49 by adding Sections 243.0105 and 243.0106 to read as follows:
1-50 Sec. 243.0105. REPORTING REQUIREMENTS; CRIMINAL PENALTY.
1-51 (a) Each ambulatory surgical center that performs an abortion must
1-52 submit an annual report to the department on each abortion that is
1-53 performed at the ambulatory surgical center. The report must be
1-54 submitted on a form provided by the department.
1-55 (b) The report may not identify by any means the physician
1-56 performing the abortion or the patient.
1-57 (c) The report must include:
1-58 (1) the patient's year of birth, race, marital status,
1-59 and state and county of residence;
1-60 (2) the type of abortion procedure;
1-61 (3) the date the abortion was performed;
1-62 (4) whether the patient survived the abortion, and if
1-63 the patient did not survive, the cause of death;
1-64 (5) the period of gestation based on the best medical
1-65 judgment of the attending physician at the time of the procedure;
1-66 (6) the date, if known, of the patient's last
1-67 menstrual cycle;
1-68 (7) the number of previous live births of the patient;
2-1 and
2-2 (8) the number of previous induced abortions of the
2-3 patient.
2-4 (d) All information and records held by the department under
2-5 this chapter are confidential and are not open records for the
2-6 purposes of Chapter 552, Government Code. That information may not
2-7 be released or made public on subpoena or otherwise, except that
2-8 release may be made:
2-9 (1) for statistical purposes, but only if a person,
2-10 patient, or ambulatory surgical center is not identified;
2-11 (2) with the consent of each person, patient, and
2-12 ambulatory surgical center identified in the information released;
2-13 or
2-14 (3) to medical personnel, appropriate state agencies,
2-15 or county and district courts to enforce this chapter.
2-16 (e) A person commits an offense if the person violates this
2-17 section. An offense under this subsection is a Class A
2-18 misdemeanor.
2-19 Sec. 243.0106. ABORTION IN UNLICENSED FACILITY TO PREVENT
2-20 DEATH OR SERIOUS IMPAIRMENT. This chapter does not remove the
2-21 responsibility or limit the ability of a physician to perform an
2-22 abortion in an unlicensed facility if, at the commencement of the
2-23 abortion, the physician reasonably believes that the abortion is
2-24 necessary to prevent the death of the patient or to prevent serious
2-25 impairment of the patient's physical or mental condition.
2-26 SECTION 3. Section 243.013, Health and Safety Code, is
2-27 amended by adding Subsection (d) to read as follows:
2-28 (d) It is a defense to prosecution for an offense under this
2-29 section that the violation of Section 243.003(a) was the result of
2-30 an abortion performed under Section 243.0106.
2-31 SECTION 4. Chapter 245, Health and Safety Code, is repealed.
2-32 SECTION 5. (a) Except as provided by Subsection (b) of this
2-33 section, this Act takes effect September 1, 1995.
2-34 (b) Section 4 of this Act takes effect January 1, 1996.
2-35 SECTION 6. (a) The change in law made by this Act to
2-36 Chapter 243, Health and Safety Code, applies only to the operation
2-37 of an ambulatory surgical center that provides abortion services on
2-38 or after January 1, 1996.
2-39 (b) Notwithstanding the change in law made by this Act to
2-40 Chapter 243, Health and Safety Code, a facility licensed as an
2-41 abortion facility under Chapter 245, Health and Safety Code, before
2-42 the effective date of this Act may continue to operate as an
2-43 abortion facility until January 1, 1996. The operation of an
2-44 abortion facility before January 1, 1996, is governed by Chapter
2-45 245, Health and Safety Code.
2-46 SECTION 7. (a) The change in law made by the repeal of
2-47 Sections 245.011 and 245.014, Health and Safety Code, by this Act
2-48 applies only to the punishment for an offense committed on or after
2-49 January 1, 1996. For purposes of this section, an offense is
2-50 committed before January 1, 1996, if any element of the offense
2-51 occurs before that date.
2-52 (b) An offense committed before January 1, 1996, is covered
2-53 by the law in effect when the offense was committed, and the former
2-54 law is continued in effect for that purpose.
2-55 SECTION 8. The importance of this legislation and the
2-56 crowded condition of the calendars in both houses create an
2-57 emergency and an imperative public necessity that the
2-58 constitutional rule requiring bills to be read on three several
2-59 days in each house be suspended, and this rule is hereby suspended.
2-60 * * * * *