Bill Text: TX HB2309 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to reporting requirements for abortions performed at an abortion facility.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-03-11 - Referred to State Affairs [HB2309 Detail]
Download: Texas-2013-HB2309-Introduced.html
By: Schaefer | H.B. No. 2309 |
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relating to reporting requirements for abortions performed at an | ||
abortion facility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 245.011, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 245.011. REPORTING REQUIREMENTS; ADMINISTRATIVE AND | ||
CRIMINAL PENALTY. (a) Each abortion facility must submit a |
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monthly report to the department on each abortion that is performed | ||
at the abortion facility. The report must be submitted on a form | ||
provided by the department. The monthly report is due on the 15th | ||
day of the following month. | ||
(b) The report may not identify by any means the physician | ||
performing the abortion or the patient. | ||
(c) The report must include: | ||
(1) whether the abortion facility at which the | ||
abortion is performed is licensed under this chapter; | ||
(2) the patient's year of birth, race, marital status, | ||
and state and county of residence; | ||
(3) the type of abortion procedure; | ||
(4) the date the abortion was performed; | ||
(5) whether the patient survived the abortion, and if | ||
the patient did not survive, the cause of death; | ||
(6) the period of gestation based on the best medical | ||
judgment of the attending physician at the time of the procedure; | ||
(7) the date, if known, of the patient's last menstrual | ||
cycle; | ||
(8) the number of previous live births of the patient; | ||
and | ||
(9) the number of previous induced abortions of the | ||
patient. | ||
(d) Except as provided by Section 245.023, all information | ||
and records held by the department under this chapter 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 abortion facility is not identified; | ||
(2) with the consent of each person, patient, and | ||
abortion 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. | ||
(e) A person commits an offense if the person violates this | ||
section. An offense under this subsection is a Class A misdemeanor. | ||
(f) The commissioner of state health services may assess an | ||
administrative penalty against a facility who fails to submit the | ||
report required by Section 245.011 in the time specified under that | ||
section. The amount of the penalty is $1,000 for the first 30-day | ||
period or portion of a 30-day period the report remains overdue, | ||
$2,500 for the second 30-day period, and $5,000 for each 30-day | ||
period thereafter. | ||
(g) The commissioner of state health services shall revoke | ||
the license of a facility that fails to file the report required by | ||
Section 245.011 six months after the date the report was due. | ||
SECTION 2. This Act takes effect September 1, 2013. |