C.S.H.B. 2777 78(R)    BILL ANALYSIS


C.S.H.B. 2777
By: Hughes
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Pathology examinations are used for a number of reasons, including
confirmation of the diagnosis, confirmation that the proper tissue was
removed, and as a test for diseases or complications that may arise in the
future.  Pathology examinations are routinely conducted in connection with
surgical procedures performed in day surgery or hospital operating
environments.  The purpose of C.S.H.B. 2777 is to require pathology
reports on certain pregnancy terminations as well. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
agency, or institution. 

ANALYSIS

C.S.H.B. 2777 amends Chapter 170, Health and Safety Code, by adding
Subchapter B, "Pathology Reporting Requirements."  This subchapter
requires that abortion facility operators must submit pathology reports on
each abortion performed. The bill exempts abortion facilities licensed
under Chapter 241, Health and Safety Code (Hospitals), from this
requirement.  These reports must be submitted on a form provided by the
Texas Department of Health (TDH) and must include the name, title, and
license number, if applicable, of the person performing the pathology
examination; the name and mailing address of the facility where the
pathology examination was performed; the date of the pathology examination
and the date of abortion; the pathology examination findings, including
the gestational age of the fetus, absence of pregnancy, live birth, and
viability, as well as evidence of the findings; and the date the form is
submitted.  

The bill provides that all information held by TDH relating to pathology
reporting requirements under Subchapter B of Chapter 170 is confidential
and not subject to disclosure under Chapter 552, Government Code.  The
information may not be released or made public on subpoena or otherwise,
except that release may be made: 

_for statistical purposes, but only if a person, patient, or abortion
facility is not identified; 
_with the consent of each person, patient, and abortion facility
identified in the information released; 
_to medical personnel, appropriate state agencies, or county and district
courts to enforce Subchapter B of Chapter 170; or 
_to appropriate state licensing boards to enforce state licensing laws. 

The bill provides that a violation of the pathology reporting requirements
is a Class A misdemeanor. 

The bill strikes the current definition of "abortion" in Section
170.001(1), Health and Safety Code, and provides a new definition for that
term.  

C.S.H.B. 2777 requires TDH to develop and make available the form for the
pathology report not later than December 1, 2003. 

The bill requires the Board of Health to set fees imposed under the bill
in amounts reasonable and necessary to defray the cost of administering
Subchapter B of Chapter 170.   

 The bill makes conforming changes to chapter and subchapter headings.

EFFECTIVE DATE

September 1, 2003.  The Act applies only to an abortion performed on or
after January 1, 2004. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2777 differs from the original in that it exempts facilities
licensed under Chapter 241, Health and Safety Code (Hospitals), from the
pathology reporting requirements described above. The original bill
contained no such exemption. 

The substitute modifies the section in the original concerning the
instances in which information contained in pathology reports may be
released by TDH.  The original bill provided that release may be made: 

_for statistical purposes, but only if a person, patient, physician, or
facility is not identified; 
_with the consent of each person, patient, physician, and facility
identified in the information released; 
_to appropriate state licensing boards to enforce state licensing laws; or
_to appropriate federal agencies, such as the Centers for Disease Control
of the United States Public Health Service. 

The substitute provides that release may be made:

_for statistical purposes, but only if a person, patient, or abortion
facility is not identified; 
_with the consent of each person, patient, and abortion facility
identified in the information released; 
_to medical personnel, appropriate state agencies, or county and district
courts to enforce this subchapter; or 
_to appropriate state licensing boards to enforce state licensing laws.

The substitute strikes the current definition of "abortion" in Section
170.001(1), Health and Safety Code, and adds a new definition for that
term.  The original bill did not include this provision.  

The substitute adds language which requires the governing board of the
Texas Department of Health to set fees to defray the cost of administering
Subchapter B, Chapter 170, Health and Safety Code.