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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting requirements for a physician performing an |
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abortion at an abortion facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 245.005(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) As a condition for renewal of a license, the licensee |
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must submit to the department the annual license renewal fee and an |
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annual report[, including the report required under Section
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245.011]. |
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SECTION 2. The heading to Section 245.011, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 245.011. PHYSICIAN REPORTING REQUIREMENTS; CRIMINAL |
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PENALTY. |
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SECTION 3. Section 245.011, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (d), and (e) and adding |
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Subsections (f) and (g) to read as follows: |
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(a) A physician who performs an abortion at an [Each] |
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abortion facility must complete and submit a monthly [an annual] |
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report to the department on each abortion [that is] performed by the |
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physician at the abortion facility. The report must be submitted on |
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a form provided by the department. |
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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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(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, physician performing an abortion, or abortion facility is |
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not identified; |
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(2) with the consent of each person, patient, |
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physician, and abortion facility identified in the information |
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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 |
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Subsection (b), (c), or (d) [this section]. An offense under this |
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subsection is a Class A misdemeanor. |
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(f) Not later than the 15th day of each month, a physician |
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shall submit to the department the report required by this section |
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for each abortion performed by the physician at an abortion |
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facility in the preceding calendar month. |
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(g) The department shall establish and maintain a secure |
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electronic reporting system for the submission of the reports |
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required by this section. The department shall adopt procedures to |
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enforce this section and to ensure that only physicians who perform |
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one or more abortions during the preceding calendar month are |
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required to file the reports under this section for that month. |
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SECTION 4. Chapter 245, Health and Safety Code, is amended |
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by adding Sections 245.0115 and 245.0116 to read as follows: |
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Sec. 245.0115. NOTIFICATION. Not later than the seventh |
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day after the date the report required by Section 245.011 is due, |
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the commissioner of state health services shall notify the Texas |
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Medical Board of a violation of that section. The board shall treat |
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the notification as a complaint filed with the board. |
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Sec. 245.0116. DEPARTMENT REPORT. (a) The department |
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shall publish on its Internet website a monthly report containing |
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aggregate data of the information in the reports submitted under |
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Section 245.011. |
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(b) The department's monthly report may not identify by any |
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means an abortion facility, a physician performing the abortion, or |
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a patient. |
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SECTION 5. The Department of State Health Services shall |
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establish a secure electronic reporting system under Section |
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245.011(g), Health and Safety Code, as added by this Act, not later |
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than September 1, 2016. |
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SECTION 6. This Act takes effect September 1, 2015. |