Bill Text: TX HB2962 | 2017-2018 | 85th Legislature | Comm Sub

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-Comm_Sub.html
  85R18804 SCL-F
  By: Capriglione, Sheffield, Springer, et al. H.B. No. 2962
  Substitute the following for H.B. No. 2962:
  By:  Smithee C.S.H.B. No. 2962
  relating to reporting requirements by certain health care
  facilities for abortion complications; authorizing a civil
         SECTION 1.  Subchapter A, Chapter 171, Health and Safety
  Code, is amended by adding Section 171.006 to read as follows:
  REQUIREMENTS; CIVIL PENALTY. (a) In this section "abortion
  complication" means any harmful event or adverse 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:
               (1)  shock;
               (2)  uterine perforation;
               (3)  cervical laceration;
               (4)  hemorrhage;
               (5)  aspiration or allergic response;
               (6)  infection;
               (7)  sepsis;
               (8)  death of the patient;
               (9)  incomplete abortion;
               (10)  damage to the uterus; or
               (11)  an infant born alive after the abortion.
         (b)  The reporting requirements of this section apply only to
  a health care facility that is a hospital, abortion facility,
  freestanding emergency medical care facility, or health care
  facility that provides emergency medical care, as defined by
  Section 773.003.
         (c)  Each facility described by Subsection (b) 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.
         (d)  The department shall develop a form for reporting an
  abortion complication under Subsection (c) and publish the form on
  the department's Internet website.
         (e)  A report under this section may not identify by any
  means the physician performing an abortion or the patient.
         (f)  A report under this section must identify the name and
  type of facility submitting the report and 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 the facility in which the
  abortion was performed;
               (5)  the date the complication was diagnosed or
               (6)  the name and type of any facility other than the
  reporting facility in which the complication was diagnosed or
               (7)  a description of the complication;
               (8)  the number of previous live births of the patient;
               (9)  the number of previous induced abortions of the
         (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)  The department shall develop and publish on the
  department's Internet website an annual report that aggregates on a
  statewide basis each abortion complication required to be reported
  under Subsection (f) for the previous calendar year.
         (j)  A facility that violates this section is subject to a
  civil penalty of $500 for each violation. The attorney general, at
  the request of the department, may file an action to recover a civil
  penalty assessed under this subsection and may recover attorney's
  fees and costs incurred in bringing the action. Each day of a
  continuing violation constitutes a separate ground for recovery.
         (k)  The third separate violation of this section
  constitutes cause for the revocation or suspension of a facility's
  license, permit, registration, certificate, or other authority or
  for other disciplinary action against the facility by the
         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.