PAK C.S.H.B. 2856 75(R) BILL ANALYSIS STATE AFFAIRS C.S.H.B. 2856 By: Hupp 5-6-97 Committee Report (Substituted) BACKGROUND Current state law require the Department of Health to inspect abortion facilities for the purpose of licensure "at reasonable times." Abortion facilities are also not required to make any licensure information public. PURPOSE As proposed, C.S.H.B. 2856 would require that licensed abortion facilities be inspected annually during the license renewal process. This bill would also require that a toll-free number be made available to a woman seeking an abortion so that she can access information regarding an abortion facility's safety record. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 245.006, Health and Safety Code, by adding Section 245.006(b) requiring the Department of Health to inspect an abortion facility before its license is renewed. SECTION 2. Amends Chapter 245 of the Health and Safety Code by adding Section 245.0101 as follows: Section 245.0105(a) requires the Department of Heath to assign a unique license number to each abortion facility and not change the number while the facility is in operation. Section 245.0105(b) requires abortion facilities to include its license number in all abortion advertisements. Section 245.0105(c) defines "abortion advertisement." SECTION 3. Amends Section 245.011(d), Health and Safety Code, to provide an exception, specified in Section 245.017, to the confidentiality of records pertaining to abortion facilities held by the Department of Health. SECTION 3. Amends Chapter 245, Health and Safety Code, by adding Section 245.017. Section 245.017(a) requires the Department of Health to make the following information available to the public: _status of an abortion facility's license; _date of last inspection, any violations that would pose a health risk to a patient, and any corrective actions taken; _administrative or civil penalty imposed against the facility or a physician who provides services at the facility, professional discipline imposed against a physician who provides services at the facility, and any criminal conviction of the facility or a physician who provides services at the facility that is relevant to services provided at the facility. Section 245.017(b) provides that the department does not have to meet the public information requirements of subsection (a) if that information is not in its possession. And requires the Texas State Board of Medical Examiners to provide to the department information that the department is required to provide. Section 245.017(c) requires the department to maintain a toll-free telephone number that a person may call to obtain the information described under Subsection (a). Section 245.017(d) requires an abortion facility to provide a woman a written statement indicating the toll-free number and the woman's right to access certain information pertaining to the facilities safety and provides recommended language for the statement. Section 245.017(e) specifies that this section does not authorize the release on 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 this Act prospective. SECTION 6. Effective date: September 1, 1997. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE In SECTION 2, the substitute adds language that requires the Department of Health to assign one license number to each abortion facility and prohibits the Department of Health from changing that number while the facility is in operation in the state. In SECTION 4, the substitute also adds a requirement that the Department of Health disclose the corrective actions taken by an abortion facility in the information it provides in the toll-free number required by this Act.