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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting requirements by certain physicians and health |
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care facilities for abortion complications; authorizing a civil |
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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 "abortion |
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complication" means any harmful event or adverse outcome with |
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respect to a patient related to an abortion that is performed on the |
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patient and that is diagnosed or treated by a health care |
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practitioner or at a health care facility and includes: |
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(1) shock; |
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(2) uterine perforation; |
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(3) cervical laceration; |
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(4) hemorrhage; |
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(5) aspiration or allergic response; |
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(6) infection; |
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(7) sepsis; |
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(8) death of the patient; |
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(9) incomplete abortion; |
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(10) damage to the uterus; or |
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(11) an infant born alive after the abortion. |
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(b) The reporting requirements of this section apply only |
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to: |
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(1) a physician who performs an abortion at an |
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abortion facility if the abortion results in an abortion |
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complication that is diagnosed or treated by that physician or at |
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the abortion facility; or |
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(2) a health care facility that is a hospital, |
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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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(c) A physician described by Subsection (b)(1) shall submit |
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to the department in the form and manner prescribed by department |
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rule a report on each abortion complication diagnosed or treated by |
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that physician or at the abortion facility not later than 72 hours |
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after the complication is diagnosed or treated. Each facility |
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described by Subsection (b)(2) shall electronically submit to the |
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department in the form and manner prescribed by department rule a |
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report on each abortion complication diagnosed or treated at the |
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facility not later than the 30th day after the date on which the |
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complication is diagnosed or treatment is provided for the |
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complication. |
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(d) The department shall develop a form for reporting an |
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abortion complication under Subsection (c) and publish the form on |
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the department's Internet website. The executive commissioner by |
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rule may adopt procedures to reduce duplication in reporting under |
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this section. |
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(e) A report under this section may not identify by any |
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means the physician performing an abortion, other than a physician |
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described by Subsection (b)(1), or the patient. |
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(f) A report under this section must identify the name of |
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the physician submitting the report or the name and type of facility |
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submitting the report and must include, if known, for each abortion |
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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 the facility in which the |
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abortion 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 any facility other than the |
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reporting facility in which the complication was diagnosed or |
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treated; |
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(7) a description of the complication; |
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(8) the patient's year of birth, race, marital status, |
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and state and county of residence; |
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(9) the date of the first day of the patient's last |
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menstrual period that occurred before the date of the abortion that |
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caused or may have caused the complication; |
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(10) the number of previous live births of the |
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patient; and |
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(11) 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 this section 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 develop and publish on the |
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department's Internet website an annual report that aggregates on a |
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statewide basis each abortion complication required to be reported |
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under Subsection (f) for the previous calendar year. |
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(j) A physician described by Subsection (b)(1) or facility |
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that violates this section is subject to a civil penalty of $500 for |
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each violation. The attorney general, at the request of the |
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department or appropriate licensing agency, may file an action to |
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recover a civil penalty assessed under this subsection and may |
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recover attorney's fees and costs incurred in bringing the action. |
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Each day of a continuing violation constitutes a separate ground |
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for recovery. |
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(k) The third separate violation of this section |
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constitutes cause for the revocation or suspension of a physician's |
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or facility's license, permit, registration, certificate, or other |
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authority or for other disciplinary action against the physician or |
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facility by the appropriate licensing agency. |
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(l) The department shall notify the Texas Medical Board of |
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any violations of this section by a physician. |
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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. The Department of State Health Services shall |
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establish an electronic reporting system for purposes of Section |
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171.006, Health and Safety Code, as added by this Act, as soon as |
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practicable after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |
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