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78R1734 YDB-D

By:  Hughes                                                       H.B. No. 2777



A BILL TO BE ENTITLED

AN ACT

relating to pathology reports on abortions; providing a penalty.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 170, Health and Safety Code, is amended 
by adding Subchapter B to read as follows:

SUBCHAPTER B.  PATHOLOGY REPORTING REQUIREMENTS
	Sec. 170.051.  REPORTING REQUIREMENTS. (a)  The operator of 
a facility at which an abortion is performed shall submit a 
pathology report to the department on each abortion performed at 
the facility.
	(b)  The report must be submitted on a form provided by the 
department.
	Sec. 170.052.  PATHOLOGY REPORT.  The pathology report 
required by Section 170.051 must include:
		(1)  the name, title, and license number, if 
applicable, of the person performing the pathology examination;
		(2)  the name and mailing address of the facility where 
the pathology examination was performed;
		(3)  the date of the pathology examination and the date 
of abortion; 
		(4)  the pathology examination findings, including 
gestational age of the fetus, absence of pregnancy, live birth, and 
viability, and evidence of the findings; and
		(5)  the date the form is submitted.                                   
	Sec. 170.053.  CONFIDENTIAL INFORMATION.  All information 
held by the department under this subchapter 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:
		(1)  for statistical purposes, but only if a person, 
patient, physician, or facility is not identified;
		(2)  with the consent of each person, patient, 
physician, and facility identified in the information released;
		(3)  to appropriate state licensing boards to enforce 
state licensing laws; or
		(4)  to appropriate federal agencies, such as the 
Centers for Disease Control of the United States Public Health 
Service.
	Sec. 170.054.  CRIMINAL PENALTY.  (a)  A person commits an 
offense if the person violates Section 170.051.
	(b)  An offense under this section is a Class A misdemeanor.            
	SECTION 2.  Sections 170.001 and 170.002, Health and Safety 
Code, are redesignated as Subchapter A, Chapter 170, Health and 
Safety Code, and a heading for Subchapter A is added to read as 
follows:

SUBCHAPTER A.  PROHIBITED ACTS RELATING TO ABORTION
	SECTION 3.  The chapter heading of Chapter 170, Health and 
Safety Code, is amended to read as follows:

CHAPTER 170.  [PROHIBITED ACTS REGARDING] ABORTION
	SECTION 4.  The Texas Department of Health shall develop and 
make available the form required by Section 170.051, Health and 
Safety Code, as added by this Act, not later than December 1, 2003.
	SECTION 5.  This Act takes effect September 1, 2003, and 
applies only to an abortion performed on or after January 1, 2004.