1-1 By: Hupp, Danburg, Wohlgemuth H.B. No. 2856
1-2 (Senate Sponsor - Gallegos)
1-3 (In the Senate - Received from the House May 13, 1997;
1-4 May 13, 1997, read first time and referred to Committee on Health
1-5 and Human Services; May 18, 1997, reported favorably by the
1-6 following vote: Yeas 10, Nays 0; May 18, 1997, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the protection of women's health with respect to
1-10 services performed at an abortion facility and the right to access
1-11 certain information relating to abortion facilities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 245.006, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 245.006. INSPECTIONS. (a) The department may inspect
1-16 an abortion facility at reasonable times as necessary to ensure
1-17 [assure] compliance with this chapter.
1-18 (b) The department shall inspect an abortion facility before
1-19 renewing the facility's license under Section 245.005(e).
1-20 SECTION 2. Chapter 245, Health and Safety Code, is amended
1-21 by adding Section 245.0105 to read as follows:
1-22 Sec. 245.0105. UNIQUE IDENTIFYING NUMBER; DISCLOSURE IN
1-23 ADVERTISEMENT. (a) The department shall assign to each abortion
1-24 facility a unique license number that may not change during the
1-25 period the facility is operating in this state.
1-26 (b) An abortion facility shall include the unique license
1-27 number assigned to the facility by the department in any abortion
1-28 advertisement directly relating to the provision of abortion
1-29 services at the facility.
1-30 (c) In this section, "abortion advertisement" means:
1-31 (1) any communication that advertises the availability
1-32 of abortion services at an abortion facility and that is
1-33 disseminated through a public medium, including an advertisement in
1-34 a newspaper or other publication or an advertisement on television,
1-35 radio, or any other electronic medium; or
1-36 (2) any commercial use of the name of the facility as
1-37 a provider of abortion services, including the use of the name in a
1-38 directory, listing, or pamphlet.
1-39 SECTION 3. Section 245.011(d), Health and Safety Code, is
1-40 amended to read as follows:
1-41 (d) Except as provided by Section 245.017, all [All]
1-42 information and records held by the department under this chapter
1-43 are confidential and are not open records for the purposes of
1-44 Chapter 552, Government Code. That information may not be released
1-45 or made public on subpoena or otherwise, except that release may be
1-46 made:
1-47 (1) for statistical purposes, but only if a person,
1-48 patient, or abortion facility is not identified;
1-49 (2) with the consent of each person, patient, and
1-50 abortion facility identified in the information released; or
1-51 (3) to medical personnel, appropriate state agencies,
1-52 or county and district courts to enforce this chapter.
1-53 SECTION 4. Chapter 245, Health and Safety Code, is amended
1-54 by adding Section 245.017 to read as follows:
1-55 Sec. 245.017. PUBLIC INFORMATION; TOLL-FREE TELEPHONE
1-56 NUMBER. (a) The department on request shall make the following
1-57 information available to the public:
1-58 (1) the status of the license of any abortion
1-59 facility;
1-60 (2) the date of the last inspection of the facility,
1-61 any violation discovered during that inspection that would pose a
1-62 health risk to a patient at the facility, any challenge raised by
1-63 the facility to the allegation that there was a violation, and any
1-64 corrective action that is acceptable to the department and that is
2-1 being undertaken by the facility with respect to the violation; and
2-2 (3) an administrative or civil penalty imposed against
2-3 the facility or a physician who provides services at the facility,
2-4 professional discipline imposed against a physician who provides
2-5 services at the facility, and any criminal conviction of the
2-6 facility or a physician who provides services at the facility that
2-7 is relevant to services provided at the facility.
2-8 (b) Subsection (a) does not require the department to
2-9 provide information that is not in the possession of the
2-10 department. The Texas State Board of Medical Examiners shall
2-11 provide to the department information in the possession of the
2-12 board that the department is required to provide under Subsection
2-13 (a).
2-14 (c) The department shall maintain a toll-free telephone
2-15 number that a person may call to obtain the information described
2-16 by Subsection (a).
2-17 (d) An abortion facility shall provide to a woman, at the
2-18 time the woman initially consults the facility, a written statement
2-19 indicating the number of the toll-free telephone line maintained
2-20 under Subsection (c). The written statement must be available in
2-21 English and Spanish and be in substantially the following form:
2-22 "(toll-free telephone number)
2-23 You have a right to access certain
2-24 information concerning this abortion
2-25 facility by using the toll-free telephone
2-26 number listed above. If you make a call to
2-27 the number, your identity will remain
2-28 anonymous. The toll-free telephone line can
2-29 provide you with the following information:
2-30 (1) Whether this abortion facility
2-31 is licensed by the Texas Department of
2-32 Health.
2-33 (2) The date of the last inspection
2-34 of this facility by the Texas Department of
2-35 Health and any violations of law or rules
2-36 discovered during that inspection that may
2-37 pose a health risk to you.
2-38 (3) Any relevant fine, penalty, or
2-39 judgment rendered against this facility or
2-40 a doctor who provides services at this
2-41 facility."
2-42 (e) This section does not authorize the release of the name,
2-43 address, or phone number of any employee or patient of an abortion
2-44 facility or of a physician who provides services at an abortion
2-45 facility.
2-46 SECTION 5. The change in law made by Section 1 of this Act
2-47 applies only to the renewal of the license of an abortion facility
2-48 on or after the effective date of this Act. The renewal of the
2-49 license of an abortion facility before the effective date of this
2-50 Act is governed by the law as it existed immediately before the
2-51 effective date of this Act, and that law is continued in effect for
2-52 that purpose.
2-53 SECTION 6. This Act takes effect September 1, 1997.
2-54 SECTION 7. The importance of this legislation and the
2-55 crowded condition of the calendars in both houses create an
2-56 emergency and an imperative public necessity that the
2-57 constitutional rule requiring bills to be read on three several
2-58 days in each house be suspended, and this rule is hereby suspended.
2-59 * * * * *