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79R8515 YDB-D


By:  Zedler, Hughes, Flynn                                        H.B. No. 702

Substitute the following for H.B. No. 702:                                    

By:  Miller                                                   C.S.H.B. No. 702



A BILL TO BE ENTITLED

AN ACT

relating to a physician's report of a complication resulting from 
an elective termination or attempted elective termination of 
pregnancy.
	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.  REPORTING OF COMPLICATIONS
	Sec. 170.051.  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 elective termination or attempted 
elective termination of pregnancy shall file a report with the 
department.
	(b)  The report must be submitted not later than the 30th day 
after the date the physician first examined the woman with respect 
to the complication.
	(c)  The department shall maintain a toll-free telephone 
number a physician may use to submit the report required by this 
section.
	Sec. 170.052.  REPORT.  The report required by Section 
170.051 must include the following information, if known:
		(1)  the date of birth of the patient;                                 
		(2)  the name of the facility in which the elective 
termination of pregnancy was performed;
		(3)  the date the elective termination of pregnancy was 
performed;   
		(4)  the nature of the complication;                                   
		(5)  the name of the attending physician; and                          
		(6)  other information the department requires.                        
	Sec. 170.053.  RULES.  The executive commissioner of the 
Health and Human Services Commission may adopt rules as necessary 
to administer this subchapter.
	Sec. 170.054.  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. 170.055.  SANCTION.  A physician who intentionally 
violates this subchapter or a rule adopted under this subchapter is 
subject to sanction by the Texas State Board of Medical Examiners 
under Subchapter A, Chapter 165, Occupations Code, as if the 
physician violated Subtitle B, Title 3, Occupations Code.
	SECTION 2.  Sections 170.001 and 170.002, Health and Safety 
Code, are designated 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.  This Act applies only to an elective termination 
or attempted elective termination of pregnancy performed on or 
after January 1, 2006.
	SECTION 5.  This Act takes effect September 1, 2005.