SRC-JRN H.B. 2856 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2856
By: Hupp (Gallegos)
Health & Human Services
5-16-97
Engrossed


DIGEST 

Currently, Texas law requires the Department of Health to inspect abortion
facilities for the purpose of licensure at reasonable times.  Abortion
facilities are not required to make any licensure information public.
This bill requires licensed abortion facilities to be inspected annually
during the license renewal process, and makes a toll-free number available
to a woman seeking an abortion so that she can access information
regarding an abortion facility's safety record. 

PURPOSE

As proposed, H.B. 2856 requires licensed abortion facilities to be
inspected annually during the license renewal process, and makes a
toll-free number available to a woman seeking an abortion so that she can
access information regarding an abortion facility's safety record. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 245.006, Health and Safety Code, to authorize
the Department of Health (department) to inspect an abortion facility at
reasonable times as necessary to ensure compliance with this chapter.
Requires the department to inspect an abortion facility before renewing
the facility's license under Section 245.005(e). 

SECTION 2. Amends Chapter 245, Health and Safety Code, by adding Section
245.0105, as follows: 

Sec. 245.0105.  UNIQUE IDENTIFYING NUMBER; DISCLOSURE IN ADVERTISEMENT.
Requires the department to assign to each abortion facility a unique
license number that may not change during the period the facility is
operating in this state. Requires an abortion facility to include the
unique license number assigned to the facility by the department in any
abortion advertisement directly relating to the provision of abortion
services at the facility.  Defines "abortion advertisement." 

SECTION 3. Amends Section 245.011(d), Health and Safety Code, to provide
that all information and records held by the department under this chapter
are confidential and are not open records for the purposes of Chapter 552,
Government Code, except as provided by Section 245.017. 

SECTION 4. Amends Chapter 245, Health and Safety Code, by adding Section
245.017, as follows: 

Sec. 245.017. PUBLIC INFORMATION; TOLL-FREE TELEPHONE NUMBER.  Requires
the department on request to make certain information available to the
public.  Provides that Subsection (a) does not require the department to
provide information that is not in the possession of the department.
Requires the Texas State Board of Medical Examiners (board) to provide to
the department information in the possession of the board that the
department is required to provide under Subsection (a).  Requires the
department to maintain a toll-free telephone number that a person may call
to obtain the information described by Subsection (a).  Requires an
abortion facility to provide to a woman, at the time the woman initially
consults the facility, a written statement indicating the number of the
toll-free telephone line maintained under Subsection (c).  Requires the
written statement to be available in English and Spanish in a prescribed
form.  Provides that this section does not authorize the release of the
name, address, or phone number of any employee or patient of an abortion
facility or of a physician who provides services at an abortion facility.

SECTION 5. Makes application of this Act prospective.

SECTION 6. Effective date: September 1, 1997.

SECTION 7. Emergency clause.