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A BILL TO BE ENTITLED
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AN ACT
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relating to a physician's report of a complication resulting from |
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an elective termination or attempted elective termination of |
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pregnancy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 170, Health and Safety Code, is amended |
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by adding Subchapter B to read as follows: |
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SUBCHAPTER B. REPORTING OF COMPLICATIONS |
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Sec. 170.051. REPORTING REQUIREMENTS. (a) Each physician |
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who provides medical care or treatment to a woman with a |
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complication that the physician determines, in the physician's good |
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faith judgment, results from an elective termination or attempted |
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elective termination of pregnancy shall file a report with the |
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department. |
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(b) The report must be submitted not later than the 30th day |
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after the date the physician first examined the woman with respect |
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to the complication. |
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(c) The department shall maintain a toll-free telephone |
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number a physician may use to submit the report required by this |
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section. |
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Sec. 170.052. REPORT. The report required by Section |
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170.051 must include the following information, if known: |
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(1) the date of birth of the patient; |
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(2) the name of the facility in which the elective |
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termination of pregnancy was performed; |
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(3) the date the elective termination of pregnancy was |
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performed; |
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(4) the nature of the complication; |
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(5) the name of the attending physician; and |
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(6) other information the department requires. |
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Sec. 170.053. RULES. The executive commissioner of the |
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Health and Human Services Commission may adopt rules as necessary |
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to administer this subchapter. |
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Sec. 170.054. CONFIDENTIAL INFORMATION. All information |
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held by the department under this subchapter is confidential and |
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not subject to disclosure under Chapter 552, Government Code. The |
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information may not be released or made public on subpoena or |
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otherwise, except that release may be made: |
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(1) for statistical purposes, but only if a person, |
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patient, physician, or facility is not identified; |
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(2) with the consent of each person, patient, |
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physician, and facility identified in the information released; |
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(3) to appropriate state licensing boards to enforce |
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state licensing laws; or |
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(4) to appropriate federal agencies. |
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Sec. 170.055. SANCTION. A physician who intentionally |
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violates this subchapter or a rule adopted under this subchapter is |
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subject to sanction by the Texas Medical Board under Subchapter A, |
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Chapter 165, Occupations Code, as if the physician violated |
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Subtitle B, Title 3, Occupations Code. |
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SECTION 2. Sections 170.001 and 170.002, Health and Safety |
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Code, are designated as Subchapter A, Chapter 170, Health and |
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Safety Code, and a heading for Subchapter A is added to read as |
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follows: |
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SUBCHAPTER A. PROHIBITED ACTS RELATING TO ABORTION |
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SECTION 3. The chapter heading to Chapter 170, Health and |
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Safety Code, is amended to read as follows: |
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CHAPTER 170. [PROHIBITED ACTS REGARDING] ABORTION: PROHIBITED ACTS |
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AND REPORTING REQUIREMENTS |
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SECTION 4. This Act applies only to an elective termination |
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or attempted elective termination of pregnancy performed on or |
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after January 1, 2008. |
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SECTION 5. This Act takes effect September 1, 2007. |