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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting requirements by health care practitioners and |
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certain health care facilities for abortion complications and to an |
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annual report by the Department of State Health Services; providing |
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a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.006 to read as follows: |
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Sec. 171.006. ABORTION COMPLICATION REPORTING |
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REQUIREMENTS; CIVIL PENALTY. (a) In this section: |
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(1) "Abortion complication" means a harmful event or |
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negative outcome with respect to a patient related to an abortion |
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that is performed on the patient and that is diagnosed or treated by |
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a health care practitioner or at a facility and includes: |
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(A) shock; |
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(B) uterine perforation; |
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(C) cervical laceration; |
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(D) hemorrhage; |
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(E) aspiration or allergic response; |
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(F) infection; |
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(G) sepsis; |
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(H) death of the patient; |
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(I) incomplete abortion; |
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(J) damage to the uterus; or |
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(K) an infant born alive after the abortion. |
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(2) "Facility" means a hospital, public health clinic, |
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birthing center, outpatient clinic, community health center, |
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abortion facility, freestanding emergency medical care facility, |
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or health care facility that provides emergency medical care, as |
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defined by Section 773.003. |
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(b) Each facility shall submit to the department in the form |
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and manner prescribed by department rule a quarterly report on each |
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abortion complication diagnosed or treated at the facility. |
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(c) Each health care practitioner providing diagnosis of or |
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treatment for an abortion complication shall submit to the |
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department in the form and manner prescribed by department rule an |
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abortion complication report not later than the 30th day after the |
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date the complication is diagnosed or treatment is provided for the |
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abortion complication. |
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(d) The department shall develop a form for reporting an |
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abortion complication under Subsection (b) or (c) and publish the |
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form on the department's Internet website. |
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(e) A report submitted under this section may not identify |
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by any means the physician performing an abortion or the patient. |
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(f) A report submitted under Subsection (c) must include, if |
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known, for each abortion complication: |
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(1) the date of the abortion that caused or may have |
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caused the complication; |
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(2) the type of abortion that caused or may have caused |
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the complication; |
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(3) the gestational age of the fetus when the abortion |
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was performed; |
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(4) the name and type of facility in which the abortion |
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was performed; |
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(5) the date the complication was diagnosed or |
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treated; |
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(6) the name and type of facility in which the |
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complication was diagnosed or treated; |
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(7) a description of the complication; |
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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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(g) Except as provided by Section 245.023, all information |
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and records held by the department under this section 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 facility is not identified; |
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(2) with the consent of each person, patient, and |
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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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(h) A report submitted under Subsection (c) must meet the |
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federal reporting requirements that mandate the most specific, |
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accurate, and complete coding and reporting for the highest level |
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of specificity. |
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(i) The department shall publish annually on its Internet |
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website a report indicating on a statewide basis the occurrence of |
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each item of information in the preceding calendar year required to |
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be reported under Subsection (f). |
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(j) A health care practitioner who violates this section is |
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subject to a civil penalty of $500 for each violation. If the |
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health care practitioner commits a third violation of this section, |
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the appropriate state regulatory board shall consider additional |
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disciplinary action against the health care practitioner, |
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including actions described by Subsection (k). |
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(k) A third violation of this section by a facility or a |
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health care practitioner constitutes cause for the revocation or |
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suspension of the facility's or health care practitioner's license, |
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permit, registration, certificate, or other authority or for other |
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disciplinary action against the facility or health care |
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practitioner by the appropriate state regulatory board. |
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SECTION 2. Not later than January 1, 2018: |
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(1) the Department of State Health Services shall |
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develop the forms required by Section 171.006, Health and Safety |
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Code, as added by this Act; and |
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(2) the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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Section 171.006, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |