By Hupp, Danburg, Wohlgemuth H.B. No. 2856
75R13804 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the protection of women's health with respect to
1-3 services performed at an abortion facility and the right to access
1-4 certain information relating to abortion facilities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 245.006, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 245.006. INSPECTIONS. (a) The department may inspect
1-9 an abortion facility at reasonable times as necessary to ensure
1-10 [assure] compliance with this chapter.
1-11 (b) The department shall inspect an abortion facility before
1-12 renewing the facility's license under Section 245.005(e).
1-13 SECTION 2. Chapter 245, Health and Safety Code, is amended
1-14 by adding Section 245.0105 to read as follows:
1-15 Sec. 245.0105. UNIQUE IDENTIFYING NUMBER; DISCLOSURE IN
1-16 ADVERTISEMENT. (a) The department shall assign to each abortion
1-17 facility a unique license number that may not change during the
1-18 period the facility is operating in this state.
1-19 (b) An abortion facility shall include the unique license
1-20 number assigned to the facility by the department in any abortion
1-21 advertisement directly relating to the provision of abortion
1-22 services at the facility.
1-23 (c) In this section, "abortion advertisement" means:
1-24 (1) any communication that advertises the availability
2-1 of abortion services at an abortion facility and that is
2-2 disseminated through a public medium, including an advertisement in
2-3 a newspaper or other publication or an advertisement on television,
2-4 radio, or any other electronic medium; or
2-5 (2) any commercial use of the name of the facility as
2-6 a provider of abortion services, including the use of the name in a
2-7 directory, listing, or pamphlet.
2-8 SECTION 3. Section 245.011(d), Health and Safety Code, is
2-9 amended to read as follows:
2-10 (d) Except as provided by Section 245.017, all [All]
2-11 information and records held by the department under this chapter
2-12 are confidential and are not open records for the purposes of
2-13 Chapter 552, Government Code. That information may not be released
2-14 or made public on subpoena or otherwise, except that release may be
2-15 made:
2-16 (1) for statistical purposes, but only if a person,
2-17 patient, or abortion facility is not identified;
2-18 (2) with the consent of each person, patient, and
2-19 abortion facility identified in the information released; or
2-20 (3) to medical personnel, appropriate state agencies,
2-21 or county and district courts to enforce this chapter.
2-22 SECTION 4. Chapter 245, Health and Safety Code, is amended
2-23 by adding Section 245.017 to read as follows:
2-24 Sec. 245.017. PUBLIC INFORMATION; TOLL-FREE TELEPHONE
2-25 NUMBER. (a) The department on request shall make the following
2-26 information available to the public:
2-27 (1) the status of the license of any abortion
3-1 facility;
3-2 (2) the date of the last inspection of the facility,
3-3 any violation discovered during that inspection that would pose a
3-4 health risk to a patient at the facility, any challenge raised by
3-5 the facility to the allegation that there was a violation, and any
3-6 corrective action that is acceptable to the department and that is
3-7 being undertaken by the facility with respect to the violation; and
3-8 (3) an administrative or civil penalty imposed against
3-9 the facility or a physician who provides services at the facility,
3-10 professional discipline imposed against a physician who provides
3-11 services at the facility, and any criminal conviction of the
3-12 facility or a physician who provides services at the facility that
3-13 is relevant to services provided at the facility.
3-14 (b) Subsection (a) does not require the department to
3-15 provide information that is not in the possession of the
3-16 department. The Texas State Board of Medical Examiners shall
3-17 provide to the department information in the possession of the
3-18 board that the department is required to provide under Subsection
3-19 (a).
3-20 (c) The department shall maintain a toll-free telephone
3-21 number that a person may call to obtain the information described
3-22 by Subsection (a).
3-23 (d) An abortion facility shall provide to a woman, at the
3-24 time the woman initially consults the facility, a written statement
3-25 indicating the number of the toll-free telephone line maintained
3-26 under Subsection (c). The written statement must be available in
3-27 English and Spanish and be in substantially the following form:
4-1 "(toll-free telephone number)
4-2 You have a right to access certain
4-3 information concerning this abortion
4-4 facility by using the toll-free telephone
4-5 number listed above. If you make a call to
4-6 the number, your identity will remain
4-7 anonymous. The toll-free telephone line can
4-8 provide you with the following information:
4-9 (1) Whether this abortion facility
4-10 is licensed by the Texas Department of
4-11 Health.
4-12 (2) The date of the last inspection
4-13 of this facility by the Texas Department of
4-14 Health and any violations of law or rules
4-15 discovered during that inspection that may
4-16 pose a health risk to you.
4-17 (3) Any relevant fine, penalty, or
4-18 judgment rendered against this facility or
4-19 a doctor who provides services at this
4-20 facility."
4-21 (e) This section does not authorize the release of the name,
4-22 address, or phone number of any employee or patient of an abortion
4-23 facility or of a physician who provides services at an abortion
4-24 facility.
4-25 SECTION 5. The change in law made by Section 1 of this Act
4-26 applies only to the renewal of the license of an abortion facility
4-27 on or after the effective date of this Act. The renewal of the
5-1 license of an abortion facility before the effective date of this
5-2 Act is governed by the law as it existed immediately before the
5-3 effective date of this Act, and that law is continued in effect for
5-4 that purpose.
5-5 SECTION 6. This Act takes effect September 1, 1997.
5-6 SECTION 7. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.