82R10120 SJM-D
 
  By: West S.B. No. 1050
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the collection of certain information on a birth
  certificate.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 192.002, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  The section of the birth certificate entitled "For
  Medical and Health Use Only" is not part of the legal birth
  certificate. If the birth is the result of a labor induction or a
  cesarean section, the following information must be collected under
  that section of the birth certificate:
               (1)  whether the labor induction or cesarean section
  was performed before the 40th week of gestation; and
               (2)  whether the labor induction or cesarean section
  was medically indicated.
         (b-1)  Information held by the department under the [that]
  section of the certificate described by Subsection (b) is
  confidential. That information may not be released or made public
  on subpoena or otherwise, except that release may be made for
  statistical purposes only so that no person, patient, or facility
  is identified, or to medical personnel of a health care entity, as
  that term is defined in Subtitle B, Title 3, Occupations Code, or
  appropriate state or federal agencies for statistical research.
  The executive commissioner of the Health and Human Services
  Commission [board] may adopt rules to implement Subsection (b) and 
  this subsection.
         SECTION 2.  Not later than December 1, 2011, the executive
  commissioner of the Health and Human Services Commission shall
  adopt any rules and the Department of State Health Services shall
  prescribe the form necessary to implement Section 192.002, Health
  and Safety Code, as amended by this Act.
         SECTION 3.  Section 192.002, Health and Safety Code, as
  amended by this Act, applies to the collection of information
  regarding a birth that occurs on or after January 1, 2012. The
  collection of information regarding a birth that occurred before
  that date is governed by the law in effect at the time of the birth,
  and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.