| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to reporting requirements by physicians and certain health |
|
|
care facilities regarding complications resulting from an |
|
|
abortion. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 171, Health and Safety Code, is amended |
|
|
by adding Subchapter F to read as follows: |
|
|
SUBCHAPTER F. REQUIRED REPORTING OF ABORTION COMPLICATIONS |
|
|
Sec. 171.101. DEFINITIONS. In this subchapter, "abortion" |
|
|
and "physician" have the meanings assigned by Section 171.061. |
|
|
Sec. 171.102. REQUIRED REPORTING. (a) Not later than the |
|
|
30th day after the date a physician treats a patient for a |
|
|
complication that resulted or may have resulted from an abortion, |
|
|
the physician shall submit an abortion complication report on the |
|
|
form provided by the department. The report must be submitted to |
|
|
the vital statistics unit of the department by: |
|
|
(1) certified mail marked as confidential; or |
|
|
(2) electronic transmission confidentially through an |
|
|
encrypted format approved by the department. |
|
|
(b) The abortion complication report must include: |
|
|
(1) the date of the abortion that caused or may have |
|
|
caused the complication; |
|
|
(2) the type of abortion that caused or may have caused |
|
|
the complication; |
|
|
(3) any type of anesthesia used during the abortion; |
|
|
(4) the gestational age of the fetus when the abortion |
|
|
was performed; |
|
|
(5) the name and type of facility in which the abortion |
|
|
was performed; |
|
|
(6) the date the complication was diagnosed and |
|
|
treated; |
|
|
(7) the name and type of facility in which the |
|
|
complication was diagnosed and treated; |
|
|
(8) a description of the complication; |
|
|
(9) the number of previous live births of the patient; |
|
|
and |
|
|
(10) the number of previous induced abortions of the |
|
|
patient. |
|
|
(c) The report may not identify a patient by any means. |
|
|
Sec. 171.103. CONFIDENTIAL INFORMATION. All information |
|
|
and records held by the department under this subchapter are |
|
|
confidential and are not open records for the purposes of Chapter |
|
|
552, Government Code. That 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, or facility is not identified; |
|
|
(2) with the consent of each person, patient, and |
|
|
facility identified in the information released; |
|
|
(3) to medical personnel, appropriate state agencies, |
|
|
or county and district courts to enforce this chapter; or |
|
|
(4) to appropriate state licensing boards to enforce |
|
|
state licensing laws. |
|
|
SECTION 2. Subchapter A, Chapter 241, Health and Safety |
|
|
Code, is amended by adding Section 241.011 to read as follows: |
|
|
Sec. 241.011. REPORTING REQUIREMENTS; CONFIDENTIAL |
|
|
INFORMATION. (a) A hospital shall submit an annual report to the |
|
|
department that states the number of patients who in the preceding |
|
|
year were treated at the hospital for complications resulting from |
|
|
an abortion, as that term is defined by Section 245.002. The report |
|
|
must be submitted on a form provided by the department and in |
|
|
accordance with department rules. |
|
|
(b) The report may not identify a patient by any means. |
|
|
(c) All information and records held by the department under |
|
|
this section are confidential and are not open records for the |
|
|
purposes of Chapter 552, Government Code. That 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, or hospital is not identified; |
|
|
(2) with the consent of each person, patient, and |
|
|
hospital identified in the information released; |
|
|
(3) to medical personnel, appropriate state agencies, |
|
|
or county and district courts to enforce this chapter; or |
|
|
(4) to appropriate state licensing boards to enforce |
|
|
state licensing laws. |
|
|
SECTION 3. Subchapter A, Chapter 254, Health and Safety |
|
|
Code, is amended by adding Section 254.002 to read as follows: |
|
|
Sec. 254.002. REPORTING REQUIREMENTS; CONFIDENTIAL |
|
|
INFORMATION. (a) A facility shall submit an annual report to the |
|
|
department that states the number of patients who in the preceding |
|
|
year were treated at the facility for complications resulting from |
|
|
an abortion, as that term is defined by Section 245.002. The report |
|
|
must be submitted on a form provided by the department and in |
|
|
accordance with department rules. |
|
|
(b) The report may not identify a patient by any means. |
|
|
(c) All information and records held by the department under |
|
|
this section are confidential and are not open records for the |
|
|
purposes of Chapter 552, Government Code. That 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, or facility is not identified; |
|
|
(2) with the consent of each person, patient, and |
|
|
facility identified in the information released; |
|
|
(3) to medical personnel, appropriate state agencies, |
|
|
or county and district courts to enforce this chapter; or |
|
|
(4) to appropriate state licensing boards to enforce |
|
|
state licensing laws. |
|
|
SECTION 4. Not later than January 1, 2018: |
|
|
(1) the Department of State Health Services shall |
|
|
develop the forms required by Sections 171.102, 241.011, and |
|
|
254.002, Health and Safety Code, as added by this Act; and |
|
|
(2) the executive commissioner of the Health and Human |
|
|
Services Commission shall adopt the rules necessary to implement |
|
|
Sections 241.011 and 254.002, Health and Safety Code, as added by |
|
|
this Act. |
|
|
SECTION 5. This Act takes effect September 1, 2017. |