Bill Text: TX HB2962 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to reporting requirements by certain physicians and health care facilities for abortion complications; authorizing a civil penalty.
Spectrum: Partisan Bill (Republican 70-1)
Status: (Engrossed - Dead) 2017-05-26 - Returned from the House for further action [HB2962 Detail]
Download: Texas-2017-HB2962-Introduced.html
Bill Title: Relating to reporting requirements by certain physicians and health care facilities for abortion complications; authorizing a civil penalty.
Spectrum: Partisan Bill (Republican 70-1)
Status: (Engrossed - Dead) 2017-05-26 - Returned from the House for further action [HB2962 Detail]
Download: Texas-2017-HB2962-Introduced.html
85R10662 SCL-F | ||
By: Capriglione | H.B. No. 2962 |
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relating to reporting requirements by health care practitioners and | ||
certain health care facilities for abortion complications; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 171, Health and Safety | ||
Code, is amended by adding Section 171.006 to read as follows: | ||
Sec. 171.006. ABORTION COMPLICATION REPORTING | ||
REQUIREMENTS; CRIMINAL OFFENSE. (a) In this section: | ||
(1) "Abortion complication" means a harmful event or | ||
negative outcome with respect to a patient related to an abortion | ||
that is performed on the patient and that is diagnosed or treated by | ||
a health care practitioner or at a health care facility and | ||
includes: | ||
(A) shock; | ||
(B) uterine perforation; | ||
(C) cervical laceration; | ||
(D) hemorrhage; | ||
(E) aspiration or allergic response; | ||
(F) infection; | ||
(G) sepsis; | ||
(H) death of the patient; | ||
(I) incomplete abortion; | ||
(J) damage to the uterus; or | ||
(K) an infant born alive after the abortion. | ||
(2) "Facility" means a hospital, public health clinic, | ||
birthing center, outpatient clinic, community health center, | ||
abortion facility, freestanding emergency medical care facility, | ||
or health care facility that provides emergency medical care, as | ||
defined by Section 773.003. | ||
(b) Each facility shall submit to the department in the form | ||
and manner prescribed by department rule a quarterly report on each | ||
abortion complication diagnosed or treated at the facility. | ||
(c) Each health care practitioner providing diagnosis of or | ||
treatment for an abortion complication shall submit to the | ||
department in the form and manner prescribed by department rule an | ||
abortion complication report not later than the 30th day after the | ||
date the complication is diagnosed or treatment is provided for the | ||
abortion complication. | ||
(d) The department shall develop a form for reporting an | ||
abortion complication under Subsection (b) or (c) and publish the | ||
form on the department's Internet website. | ||
(e) A report submitted under this section may not identify | ||
by any means the physician performing an abortion or the patient. | ||
(f) A report submitted under this section must include, if | ||
known, for each abortion complication: | ||
(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) the gestational age of the fetus when the abortion | ||
was performed; | ||
(4) the name and type of facility in which the abortion | ||
was performed; | ||
(5) the date the complication was diagnosed or | ||
treated; | ||
(6) the name and type of facility in which the | ||
complication was diagnosed or treated; | ||
(7) a description of the complication; | ||
(8) the number of previous live births of the patient; | ||
and | ||
(9) the number of previous induced abortions of the | ||
patient. | ||
(g) Except as provided by Section 245.023, 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. | ||
(h) A report submitted under this section must meet the | ||
federal reporting requirements that mandate the most specific, | ||
accurate, and complete coding and reporting for the highest level | ||
of specificity. | ||
(i) A health care practitioner commits an offense if the | ||
practitioner violates this section. An offense under this | ||
subsection is a Class A misdemeanor. | ||
(j) A violation of this section constitutes cause for the | ||
revocation or suspension of a health care facility's or health care | ||
practitioner's license, permit, registration, certificate, or | ||
other authority or for other disciplinary action against a facility | ||
or health care practitioner by the appropriate state regulatory | ||
board. | ||
SECTION 2. Not later than January 1, 2018: | ||
(1) the Department of State Health Services shall | ||
develop the forms required by Section 171.006, 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 | ||
Section 171.006, Health and Safety Code, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. |