78R1736 YDB-D

By:  Zedler                                                       H.B. No. 2833



A BILL TO BE ENTITLED

AN ACT

relating to a physician's report of a complication resulting from 
an abortion; 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 C to read as follows:

SUBCHAPTER C.  REPORTING OF COMPLICATIONS
	Sec. 170.101.  REPORTING REQUIREMENTS. (a)  Each physician 
who provides medical care or treatment to a woman with a 
complication that the physician determines, in the physician's good 
faith judgment, results from an abortion or attempted abortion, 
shall file a report with the department.
	(b)  The report must be submitted on a form provided by the 
department not later than the 30th day after the date the physician 
first examined the woman with respect to the complication.
	Sec. 170.102.  REPORT.  The report required by Section 
170.101 must include:
		(1)  the age of the patient;                                           
		(2)  the number of pregnancies the patient had before 
the abortion, including:
			(A)  the number of pregnancies resulting in live 
births, without regard to whether the child is living at the time 
the report is prepared; and
			(B)  the number of pregnancies that were aborted, 
including spontaneous or induced abortions;
		(3)  the number and type of abortions previously 
performed on the patient;
		(4)  the name and address of the facility in which the 
abortion was performed;
		(5)  the gestational age of the unborn child at the time 
of the abortion, if known;
		(6)  the type of abortion performed and date, if known;                
		(7)  the nature of the complication;                                   
		(8)  the medical treatment given;                                      
		(9)  the nature and extent, if known, of any permanent 
condition caused by the complication;
		(10)  the date the physician first examined the 
patient;             
		(11)  the name and license number of the attending 
physician;        
		(12)  the date the form is submitted; and                              
		(13)  other information the department requires.                       
	Sec. 170.103.  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.                                  
	Sec. 170.104.  PENALTY.  (a)  A person commits an offense if 
the person violates this subchapter.
	(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 to 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 170.101, 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.