79R14013 MSE-F
By: Morrison, et al. H.B. No. 2997
Substitute the following for H.B. No. 2997:
By: Laubenberg C.S.H.B. No. 2997
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of abortion; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Woman's Health
Protection Act.
SECTION 2. Chapter 33, Family Code, is amended by adding
Section 33.012 to read as follows:
Sec. 33.012. JUDICIAL BYPASS REPORTING. (a) The supreme
court shall adopt rules governing the collection of statistical
information relating to applications and appeals granted under
Sections 33.003(h) and 33.004(b). Information collected under this
section must include the total number of petitions or motions filed
under those sections, and of that number:
(1) the number of judicial bypass cases in which the
court appointed a guardian ad litem;
(2) the number of judicial bypass cases in which the
court appointed counsel;
(3) whether or not the court-appointed guardian ad
litem and counsel were the same person;
(4) the number of judicial bypass cases in which the
judge issued an order authorizing an abortion without parental
notification;
(5) the number of judicial bypass cases in which the
judge denied an order authorizing an abortion without parental
notification; and
(6) the number of denials described by Subdivision (5)
for which an appeal was filed, the number of those appeals that
resulted in the denials being affirmed, and the number of those
appeals that resulted in reversals of the denials.
(b) The information collected under this section shall be
made available to the public in aggregate form on a county basis.
(c) Any entity held responsible for the collection and
compilation of information collected under this section shall
ensure that none of the information included in the public reports
could reasonably lead to the identification of any unemancipated
minor who petitioned the court.
SECTION 3. Chapter 171, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. ABORTION REPORTING
Sec. 171.051. ABORTION REPORTING FORM. (a) Each physician
who performs a surgical abortion or who prescribes medication to
induce an abortion must submit a report to the department on each
abortion the physician performs or induces. The report must be
submitted on a form provided by the department and a copy of this
section must be attached to the form. The abortion report must be
in the following form:
"THE PRINTED VERSION OF THIS PAGE CONTAINS A COPY OF THE ABORTION
REPORT. THE CONTENTS OF THIS PAGE CANNOT BE VIEWED ONLINE DUE TO
WORD PROCESSOR LIMITATIONS WITH GRAPHIC FILES. PLEASE CONTACT
HOUSE DOCUMENT DISTRIBUTION FOR A HARD COPY."
(b) The report may not identify the name of the patient by
any means.
(c) The abortion reporting form for each abortion must
include:
(1) the name of the abortion facility at which the
abortion was performed or induced and whether the facility is
licensed as an abortion facility under Chapter 245, is operating as
the private office of a licensed physician, or is a licensed
hospital, hospital satellite clinic, or ambulatory surgical
center;
(2) the signature and license number of the physician
who performed the abortion or prescribed the medication to induce
the abortion;
(3) the patient's age, race, marital status, and
municipality, county, and state of residence;
(4) the age of the father of the unborn child at the
time of the abortion;
(5) the type of abortion procedure;
(6) the date the abortion was performed;
(7) the specific reason the abortion was performed or
induced, including:
(A) the mother is unprepared for the
responsibilities of motherhood;
(B) the mother has all the children she wants;
(C) the mother cannot afford the child;
(D) the mother does not desire the child;
(E) the baby has a health problem;
(F) the father of the child wants the mother to
abort;
(G) a parent of the mother of the unborn child
opposes the pregnancy;
(H) the mother fears a loss of family support;
(I) the mother fears losing her job;
(J) a clinic counselor recommends abortion;
(K) the mother feels coerced to have the
abortion;
(L) the pregnancy was a result of rape;
(M) the pregnancy was a result of incest;
(N) the mother will suffer substantial and
irreversible impairment of a major bodily function if the pregnancy
continues; or
(O) to prevent the death of the mother;
(8) whether the patient survived the abortion, and if
the patient did not survive, the cause of death;
(9) the number of weeks of gestation at the time of the
procedure and the weight of the fetus, if determinable;
(10) the date, if known, of the patient's last
menstrual cycle and the method of pregnancy verification;
(11) the number of previous live births of the
patient;
(12) the number of previous induced abortions of the
patient;
(13) the number of previous miscarriages or
spontaneous abortions of the patient;
(14) whether the induced abortion was paid for by:
(A) private insurance;
(B) a public health plan; or
(C) personal payment by patient;
(15) whether insurance coverage was provided by:
(A) a fee-for-service insurance company;
(B) a managed care company; or
(C) another source;
(16) the fee collected for performing or inducing the
abortion;
(17) the source of referral for the abortion;
(18) the type of anesthethic, if any, used for each
abortion performed or induced;
(19) the method used to dispose of the fetal tissue and
remains;
(20) complications, if any, for each abortion and for
the aftermath of each abortion, with space for description of
complications available on the form; and
(21) whether or not the woman availed herself of the
opportunity to obtain a copy of the printed information required by
Subchapter B, and if not, whether the woman viewed the information
described in Section 171.014, through the Internet or by booklet.
(d) If the mother of the unborn child is a minor, the report
on each abortion must include:
(1) whether the minor's parent, court-appointed
conservator, or guardian was provided the notice required by
Chapter 33, Family Code, personally, by telephone, or by certified
mail;
(2) whether the minor went on to obtain the abortion
after the notice required by Chapter 33, Family Code, was provided;
(3) whether the minor was emancipated and permitted to
waive the notification required by Chapter 33, Family Code;
(4) whether judicial authorization was received,
waiving the notification required by Chapter 33, Family Code; and
(5) the entity that made the court arrangement for the
minor.
(e) The patient may fill out sections of the form applicable
to the patient's personal information. Sections to be filled out by
the patient must be at the top of the form. The bottom portion of
the reporting form must be completed by the physician performing or
inducing the abortion.
(f) If the patient marks one or more of Subsections
(c)(7)(F)-(L), the physician must make all reasonable efforts to
ensure that the woman is not being coerced to have the abortion.
(g) A copy of the abortion reporting form must be maintained
in the patient's medical file for not less than seven years. The
patient must be given a copy of the completed abortion reporting
form.
(h) An abortion reporting form for each abortion submitted
to the department must include as a cover page a monthly abortion
total form. The department must ensure that the number of abortion
reporting forms submitted by each physician coincides with the
monthly total of performed or induced abortions indicated on the
monthly abortion total form. The monthly abortion total form must
be in the following form:
"THE PRINTED VERSION OF THIS PAGE CONTAINS A COPY OF THE MONTHLY
ABORTION TOTAL FORM. THE CONTENTS OF THIS PAGE CANNOT BE VIEWED
ONLINE DUE TO WORD PROCESSOR LIMITATIONS WITH GRAPHIC FILES.
PLEASE CONTACT HOUSE DOCUMENT DISTRIBUTION FOR A HARD COPY."
Sec. 171.052. ABORTION COMPLICATION REPORT. (a) The
department shall prepare an abortion complication report form for
all physicians licensed and practicing in this state. A copy of
this section must be attached to the form. The department shall
create an Internet website at which the report may be filed
electronically.
(b) A physician practicing in the state who treats an
illness or injury related to complications from a performed or
induced abortion shall complete and submit an abortion complication
report to the department. The report may be submitted by mail or
electronically filed on a website created by the department. The
report must include:
(1) the date and type of the original abortion;
(2) the name and type of facility where the abortion
complication was diagnosed and treated;
(3) the name of the facility and of the physician who
performed the abortion or prescribed the medication to induce the
abortion, if known;
(4) the license number and signature of the physician
who treated the abortion complication;
(5) the date on which the abortion complication was
diagnosed and treated;
(6) a description of the abortion complication;
(7) the patient's age, race, marital status, and
municipality, county, and state of residence;
(8) the week of gestation at which the abortion was
performed or induced;
(9) the number of previous live births by the patient;
(10) the number of previous performed or induced
abortions for the patient;
(11) the number of previous miscarriages or
spontaneous abortions by the patient;
(12) whether treatment for the abortion complication
was paid for by:
(A) private insurance;
(B) a public health plan; or
(C) personal payment by the patient;
(13) whether insurance coverage was provided by:
(A) a fee-for-service insurance company;
(B) a managed care company; or
(C) another source; and
(14) the type of follow-up care recommended and
whether the physician who filed the report provides the follow-up
care.
(c) The Texas State Board of Medical Examiners shall ensure
that abortion complication report forms required by this section,
together with a copy of this section, are provided:
(1) to a physician who becomes newly licensed to
practice in this state, at the same time as official notification to
that physician that the physician is licensed; and
(2) not later than December 1 of each year to all
physicians licensed to practice in this state.
(d) A copy of the abortion complication reporting form must
be maintained in the patient's medical file for not less than seven
years. The patient must receive a copy of the form. The abortion
complication report must be in the following form:
"THE PRINTED VERSION OF THIS PAGE CONTAINS A COPY OF THE ABORTION
COMPLICATION REPORT. THE CONTENTS OF THIS PAGE CANNOT BE VIEWED
ONLINE DUE TO WORD PROCESSOR LIMITATIONS WITH GRAPHIC FILES.
PLEASE CONTACT HOUSE DOCUMENT DISTRIBUTION FOR A HARD COPY."
Sec. 171.053. REPORTING REQUIREMENTS. (a) Each physician
performing or inducing an abortion must complete and submit an
abortion reporting form for each abortion as required by Section
171.051 not later than the 15th day of each month for abortions
performed or induced in the previous calendar month.
(b) A physician required to submit an abortion complication
report to the department by Section 171.052 must submit the report
as soon as is practicable after treatment of the abortion
complication, but in no case more than seven days after the
treatment.
(c) Not later than April 1 of each year, the department
shall issue in aggregate a public report summarizing the
information submitted on each individual report required by
Sections 171.051 and 171.052. The public report shall cover the
entire previous calendar year and shall be compiled from the data in
all the abortion reporting forms and the abortion complication
reports submitted to the department in accordance with Sections
171.051 and 171.052. Each public report shall also provide
information for all previous calendar years, adjusted to reflect
any additional information from late or corrected reports. The
department shall ensure that none of the information included in
the public reports could reasonably lead to identification of any
physician who performed or induced an abortion or treated
abortion-related complications or of any woman who has had an
abortion.
(d) Except as provided by Section 245.023, all information
and records held by the department under this subchapter are
confidential and are not open records for the purposes of Chapter
552, Government Code. That 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 medical personnel, appropriate state agencies,
or county and district courts to enforce this chapter or Chapter
245; or
(4) to appropriate state licensing boards to enforce
state licensing laws.
(e) The department or an employee of the department may not
disclose to a person or entity outside of the department the reports
or contents of the reports required by this section and Sections
171.051 and 171.052 in a manner or fashion that permits the person
or entity to whom the report is disclosed to identify in any way the
person who is the subject of the report.
(f) The department may alter the reporting dates
established by this section for administrative convenience or
fiscal savings or another valid reason provided that physicians
performing or inducing abortions submit the forms monthly and the
department issues its report once a year.
Sec. 171.054. MODIFICATION OF FORM CONTENTS. The
department may alter the information required to be reported by
this subchapter only in order to update or to clarify the
requirements of those sections. The department may not omit
information required by this subchapter from forms or reports.
Sec. 171.055. PENALTIES. (a) A physician who does not
submit a report required by Section 171.051 or 171.052 within 30
days of the date the report was due shall be subject to a late fee of
$500 for each additional 30-day period or portion of a 30-day period
the report is overdue.
(b) A physician required to file a report by Section 171.051
or 171.052 who has not submitted a complete report before the first
anniversary of the date the report was due is subject to a late fee
under Subsection (a) and, in an action brought by the department,
may be directed by a court to submit a complete report within a
period stated by court order or be subject to sanctions for civil
contempt.
(c) If the department fails to issue the public report
required by Section 171.053 or fails in any way to enforce this
subchapter, any group of 10 or more citizens of this state may
petition a court for an injunction against the executive
commissioner of the Health and Human Services Commission requiring
that a complete public report be issued within a period stated by
court order or that enforcement action be taken. Failure to comply
with the injunction subjects the executive commissioner to
sanctions for civil contempt.
Sec. 171.056. OFFENSE. (a) A person commits an offense if
a person intentionally, knowingly, recklessly, or with criminal
negligence:
(1) fails to submit a form or report required by this
subchapter;
(2) submits false information on a form or report
required by this subchapter;
(3) includes the name or identifying information of
the woman who had the abortion in a form or report required by this
subchapter; or
(4) includes the name or identifying information of a
physician in a public report required by Section 171.053(c).
(b) A person who discloses confidential identifying
information in violation of Section 171.053(e) commits an offense.
(c) A physician commits an offense if the physician performs
or induces an abortion without making a reasonable effort to ensure
that the abortion is not the result of coercion, as defined by
Section 1.07, Penal Code.
(d) An offense under this section is a Class A misdemeanor.
SECTION 4. Section 245.001, Health and Safety Code, is
amended to read as follows:
Sec. 245.001. SHORT TITLE. This chapter may be cited as
the Texas Abortion Facility [Reporting and] Licensing Act.
SECTION 5. Section 248.003, Health and Safety Code, is
amended to read as follows:
Sec. 248.003. EXEMPTIONS. This chapter does not apply to:
(1) a home and community support services agency
required to be licensed under Chapter 142;
(2) a person required to be licensed under Chapter 241
(Texas Hospital Licensing Law);
(3) an institution required to be licensed under
Chapter 242;
(4) an ambulatory surgical center required to be
licensed under Chapter 243 (Texas Ambulatory Surgical Center
Licensing Act);
(5) a birthing center required to be licensed under
Chapter 244 (Texas Birthing Center Licensing Act);
(6) a facility required to be licensed under Chapter
245 (Texas Abortion Facility [Reporting and] Licensing Act);
(7) a child care institution, foster group home,
foster family home, and child-placing agency, for children in
foster care or other residential care who are under the
conservatorship of the Department of Protective and Regulatory
Services; or
(8) a person providing medical or nursing care or
services under a license or permit issued under other state law.
SECTION 6. Section 245.011, Health and Safety Code, is
repealed.
SECTION 7. (a) Not later than December 1, 2005:
(1) the Supreme Court of Texas shall adopt rules as
required by Section 33.012, Family Code, as added by this Act; and
(2) the Department of State Health Services shall
provide for distribution of the forms required by Sections 171.051
and 171.052, Health and Safety Code, as added by this Act, along
with instructions for completing the forms.
(b) Not later than December 1, 2005, the Texas State Board
of Medical Examiners shall distribute forms as required by Section
171.052(c), Health and Safety Code, as added by this Act.
(c) A physician is not required to submit a report under
Section 171.051, Health and Safety Code, as added by this Act,
before January 1, 2006.
(d) A physician is not required to submit a report under
Section 171.052, Health and Safety Code, as added by this Act,
before January 1, 2006.
(e) The changes in law made by this Act apply only to an
offense committed on or after January 1, 2006. For purposes of this
section, an offense is committed before January 1, 2006, if any
element of the offense occurs before that date. An offense
committed before January 1, 2006, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose.
SECTION 8. (a) Except as provided by Subsection (b) or (c)
of this section, this Act takes effect September 1, 2005.
(b) Section 171.056, Health and Safety Code, as added by
this Act, takes effect January 1, 2006.
(c) Section 6 of this Act takes effect January 1, 2006.