| |
|
|
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 Medical Board 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: PROHIBITED ACTS |
|
|
AND REPORTING REQUIREMENTS |
|
|
SECTION 4. This Act applies only to an elective termination |
|
|
or attempted elective termination of pregnancy performed on or |
|
|
after January 1, 2008. |
|
|
SECTION 5. This Act takes effect September 1, 2007. |