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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting requirements for abortions performed at an |
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abortion facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 245.011, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 245.011. REPORTING REQUIREMENTS; ADMINISTRATIVE AND |
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CRIMINAL PENALTY. (a) Each abortion facility must submit a annual |
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monthly report to the department on each abortion that is performed |
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at the abortion facility. The report must be submitted on a form |
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provided by the department. The monthly report is due on the 15th |
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day of the following month. |
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(b) The report may not identify by any means the physician |
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performing the abortion or the patient. |
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(c) The report must include: |
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(1) whether the abortion facility at which the |
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abortion is performed is licensed under this chapter; |
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(2) the patient's year of birth, race, marital status, |
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and state and county of residence; |
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(3) the type of abortion procedure; |
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(4) the date the abortion was performed; |
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(5) whether the patient survived the abortion, and if |
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the patient did not survive, the cause of death; |
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(6) the period of gestation based on the best medical |
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judgment of the attending physician at the time of the procedure; |
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(7) the date, if known, of the patient's last menstrual |
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cycle; |
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(8) the number of previous live births of the patient; |
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and |
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(9) the number of previous induced abortions of the |
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patient. |
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(d) Except as provided by Section 245.023, all information |
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and records held by the department under this chapter are |
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confidential and are not open records for the purposes of Chapter |
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552, Government Code. That information may not be released or made |
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public on subpoena or 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, or abortion facility is not identified; |
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(2) with the consent of each person, patient, and |
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abortion facility identified in the information released; |
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(3) to medical personnel, appropriate state agencies, |
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or county and district courts to enforce this chapter; or |
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(4) to appropriate state licensing boards to enforce |
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state licensing laws. |
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(e) A person commits an offense if the person violates this |
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section. An offense under this subsection is a Class A misdemeanor. |
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(f) The commissioner of state health services may assess an |
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administrative penalty against a facility who fails to submit the |
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report required by Section 245.011 in the time specified under that |
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section. The amount of the penalty is $1,000 for the first 30-day |
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period or portion of a 30-day period the report remains overdue, |
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$2,500 for the second 30-day period, and $5,000 for each 30-day |
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period thereafter. |
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(g) The commissioner of state health services shall revoke |
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the license of a facility that fails to file the report required by |
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Section 245.011 six months after the date the report was due. |
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SECTION 2. This Act takes effect September 1, 2013. |