80R16953 MSE-F
 
  By: Zedler, Anderson H.B. No. 1131
 
Substitute the following for H.B. No. 1131:
 
  By:  Swinford C.S.H.B. No. 1131
 
A BILL TO BE ENTITLED
AN ACT
relating to information related to the performance of an abortion;
creating an offense.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  This Act may be cited as the Abortion Reporting
Requirement Act.
       SECTION 2.  Subchapter A, Chapter 171, Health and Safety
Code, is amended by adding Section 171.006 to read as follows:
       Sec. 171.006.  REFERRAL TO DOMESTIC VIOLENCE ASSISTANCE.
The department shall require that each person that performs or
induces an abortion:
             (1)  maintain a list of domestic violence shelters and
assistance programs; and
             (2)  provide a referral to a domestic violence shelter
or assistance program if the woman communicates to the facility
performing or inducing the abortion that the woman is being abused
or is being forced into having the abortion.
       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)  A physician who
performs or induces 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.
       (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, the municipality and county in
which the facility is located, 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 or induced the abortion;
             (3)  the patient's age, race, marital status, and
municipality, county, state, and nation 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 or induced;
             (7)  a space for the patient to optionally indicate the
specific reason the abortion was performed or induced, including:
                   (A)  the mother is unprepared for the
responsibility 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 health problems;
                   (F)  the father of the child opposes the
pregnancy;
                   (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 forced to have the abortion;
                   (L)  the pregnancy was a result of rape; or
                   (M)  the pregnancy was a result of incest;
             (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 based on the best
medical judgment of the attending physician at the time of the
procedure and the weight of the fetus, if determinable;
             (10)  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 abortion was paid for by:
                   (A)  private insurance;
                   (B)  a public health plan; or
                   (C)  personal payment by patient;
             (15)  whether there was no insurance coverage or
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 anesthetic, if any, used for each
abortion performed;
             (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 view the printed information required by Subchapter
B, and, if so, 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, managing conservator,
or guardian provided the written consent required by Section
164.052(a)(19), Occupations Code, and, if so, whether the consent
was given:
                   (A)  in person at the time of the abortion;  or
                   (B)  at a place other than the location at which
the abortion is performed or induced;
             (2)  whether the physician concluded that on the basis
of the physician's good faith clinical judgment a condition existed
that complicated the medical condition of the pregnant minor and
necessitated the immediate abortion of her pregnancy to avert her
death or to avoid a serious risk of substantial impairment of a
major bodily function and that there was insufficient time to
obtain the consent of the minor's parent, managing conservator, or
legal guardian;
             (3)  whether the minor was emancipated and permitted to
have the abortion without the written consent required by Section
164.052(a)(19), Occupations Code;
             (4)  whether judicial authorization was received,
waiving the written consent required by Section 164.052(a)(19),
Occupations Code; and
             (5)  if judicial authorization was received, the
process the physician or the physician's agent used to inform the
female of the judicial bypass, whether court forms were provided to
her, and what entity made the court arrangement for the minor.
       (e)  The patient must 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. The requirement that the
patient fill out the top portion of the form may be waived only if
the abortion is performed or induced to prevent the death of the
mother or to avoid harm to a mother described by Section
164.052(a)(18), Occupations Code, or harm to a mother who is a minor
described by Section 164.052(a)(19), Occupations Code.
       (f)  If the patient indicates that the patient may be being
forced to have an abortion in the space provided under Subsection
(c)(7), the physician must make all reasonable efforts to ensure
that the woman is not being forced to have the abortion, including
reporting abuse or neglect under Chapter 261, Family Code, if
applicable.
       (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 in person after the physician and patient complete the form.
       Sec. 171.0511.  FORM OF REPORT.  The abortion reporting form
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."
       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 an abortion shall
complete and submit an abortion complication report to the
department. The report may be submitted by mail or electronically
filed on an Internet 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 and type of the facility where the
abortion was performed, 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, state, and nation of residence;
             (8)  the week of gestation at which the abortion was
performed or induced based on the best medical judgment of the
attending physician at the time of treatment for the abortion
complication;
             (9)  the number of previous live births by the patient;
             (10)  the number of previous 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)  the fee collected for treatment for the abortion
complication;
             (14)  whether there was no insurance coverage or
insurance coverage was provided by:
                   (A)  a fee-for-service insurance company;
                   (B)  a managed care company; or
                   (C)  another provider; and
             (15)  the type of follow-up care recommended.
       (c)  The Texas Medical Board 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 completed form in
person before the person leaves the facility.
       Sec. 171.0521.  FORM OF COMPLICATION REPORT.  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) A physician
performing or inducing an abortion must complete and submit an
abortion reporting form to the department 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 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 Subsection (c) and 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 is 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:
             (1)  fails to submit a form or report required by this
subchapter;
             (2)  intentionally, knowingly, or recklessly 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 245.005(e), Health and Safety Code, is
amended to read as follows:
       (e)  As a condition for renewal of a license, the licensee
must submit to the department the annual license renewal fee and an
annual report[, including the report required under Section
245.011].
       SECTION 6.  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 7.  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;
             (5)  the number of judicial bypass cases in which the
judge denied an order authorizing an abortion; 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 by county.
       (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 the minor.
       SECTION 8.  Section 245.011, Health and Safety Code, is
repealed.
       SECTION 9.  (a)  Not later than December 1, 2007:
             (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 Subchapter C,
Chapter 171, Health and Safety Code, as added by this Act, along
with instructions for completing the forms.
       (b)  Not later than January 1, 2008, the Texas Medical Board
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, 2008.
       (d)  A physician is not required to submit a report under
Section 171.052, Health and Safety Code, as added by this Act,
before March 1, 2008.
       (e)  The changes in law made by this Act apply only to an
offense committed on or after January 1, 2008. For purposes of this
section, an offense is committed before January 1, 2008, if any
element of the offense occurs before that date. An offense
committed before January 1, 2008, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose.
       SECTION 10.  (a)  Except as provided by Subsection (b) or
(c) of this section, this Act takes effect September 1, 2007.
       (b)  Section 171.056, Health and Safety Code, as added by
this Act, takes effect March 1, 2008.
       (c)  Sections 5 and 8 of this Act take effect January 1, 2008.