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79R3532 YDB-D
By: Zedler H.B. No. 702
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 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, to have resulted from an abortion or attempted
abortion shall file a report with the department.
(b) The report must be submitted, on a form prescribed by
the department, not later than the 30th day after the date the
physician first examined the woman to provide medical care or
treatment for the complication.
Sec. 170.052. REPORT. The report required by Section
170.051 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 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 provided;
(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 physician;
(12) the date the form is submitted; and
(13) other information the department requires.
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.
Sec. 170.054. 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 heading to Chapter 170, Health and Safety
Code, is amended to read as follows:
CHAPTER 170. [PROHIBITED ACTS REGARDING] ABORTION
SECTION 4. The Department of State Health Services shall
prescribe and make available the form required by Section 170.051,
Health and Safety Code, as added by this Act, not later than
December 1, 2005.
SECTION 5. The changes in law made by this Act apply only to
a complication resulting from an abortion performed on or after
January 1, 2006.
SECTION 6. This Act takes effect September 1, 2005.