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.
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