Bill Text: TX SB1602 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to reporting requirements by certain health care facilities for abortion complications; authorizing a civil penalty.
Sponsorship: Partisan Bill (Republican 4)
Status: (Engrossed - Dead) 2017-05-12 - Referred to State Affairs [SB1602 Detail]
Download: Texas-2017-SB1602-Engrossed.html
| By: Campbell, et al. | S.B. No. 1602 | |
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| relating to reporting requirements by certain health care | ||
| facilities for abortion complications; authorizing a civil | ||
| penalty. | ||
| 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; 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. The form must include | ||
| appropriate abortion complication diagnosis terminology that is | ||
| consistent with standard diagnosis terminology used in medical | ||
| practice. | ||
| (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 probable post-fertilization age of the unborn | ||
| child 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 | ||
| treated; | ||
| (6) the name and type of any facility other than the | ||
| reporting 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) 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. | ||
| (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 | ||
| department. | ||
| SECTION 2. Not later than January 1, 2018: | ||
| (1) the Department of State Health Services shall: | ||
| (A) develop the reporting forms required by | ||
| Section 171.006, Health and Safety Code, as added by this Act; and | ||
| (B) if duplicate reporting requirements exist | ||
| under state law, consolidate the reported information into a single | ||
| form; 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. | ||
