Bill Text: TX SB33 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to abortion reporting and exemptions to abortion facility licensing; creating a criminal offense.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2021-07-13 - Co-author authorized [SB33 Detail]
Download: Texas-2021-SB33-Introduced.html
| 87S10341 SCL-D | ||
| By: Perry | S.B. No. 33 | |
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| relating to abortion reporting and exemptions to abortion facility | ||
| licensing; 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 171.009 to read as follows: | ||
| Sec. 171.009. REPORTING REQUIREMENTS FOR ABORTIONS | ||
| PERFORMED OUTSIDE ABORTION FACILITY; CRIMINAL OFFENSE. (a) A | ||
| physician who performs an abortion at a location other than an | ||
| abortion facility licensed under Chapter 245 must complete and | ||
| submit a monthly report to the commission on each abortion | ||
| performed by the physician. The report must be submitted on a form | ||
| provided by the commission. | ||
| (b) The report may not identify by any means the patient. | ||
| (c) The report must include: | ||
| (1) the type of facility at which the abortion was | ||
| performed and the licensing status of that facility; | ||
| (2) the patient's year of birth, race, marital status, | ||
| and state and county of residence; | ||
| (3) the type of abortion procedure performed; | ||
| (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 probable post-fertilization age of the unborn | ||
| child 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; | ||
| (9) the number of previous induced abortions of the | ||
| patient; and | ||
| (10) the county in which the abortion was performed. | ||
| (d) All information and records held by the commission 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 physician performing an abortion is not identified; | ||
| (2) with the consent of each person, patient, and | ||
| physician 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 | ||
| Subsection (b), (c), or (d). An offense under this subsection is a | ||
| Class A misdemeanor. | ||
| (f) Not later than the 15th day of each month, a physician | ||
| shall submit to the commission the report required by this section | ||
| for each abortion performed by the physician at a location other | ||
| than an abortion facility in the preceding calendar month. | ||
| (g) The commission shall establish and maintain a secure | ||
| electronic reporting system for the submission of the reports | ||
| required by this section. The commission shall adopt procedures to | ||
| enforce this section and to ensure that only physicians who perform | ||
| one or more abortions during the preceding calendar month are | ||
| required to file the reports under this section for that month. | ||
| SECTION 2. Section 245.004, Health and Safety Code, as | ||
| amended by Chapters 198 (H.B. 2292) and 999 (H.B. 15), Acts of the | ||
| 78th Legislature, Regular Session, 2003, is reenacted and amended | ||
| to read as follows: | ||
| Sec. 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT. (a) | ||
| The following facilities need not be licensed under this chapter: | ||
| (1) a hospital licensed under Chapter 241 (Texas | ||
| Hospital Licensing Law); [ |
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| (2) the office of a physician licensed under Subtitle | ||
| B, Title 3, Occupations Code, unless the office is used | ||
| substantially for the purpose of performing [ |
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| abortions; or | ||
| (3) an ambulatory surgical center licensed under | ||
| Chapter 243. | ||
| (b) For purposes of this section, a facility is used | ||
| substantially for the purpose of performing abortions if the | ||
| facility: | ||
| (1) is a provider for performing: | ||
| (A) at least five [ |
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| any month; or | ||
| (B) at least 50 [ |
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| 12-month period [ |
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| (2) operates less than 20 days in a month and the | ||
| facility, in any month, is a provider for performing a number of | ||
| abortion procedures that would be equivalent to at least five [ |
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| procedures in a month if the facility were operating at least 20 | ||
| days in a month; | ||
| (3) holds itself out to the public as an abortion | ||
| provider by advertising by any public means, including advertising | ||
| placed in a newspaper, telephone directory, magazine, or electronic | ||
| medium, that the facility performs abortions; or | ||
| (4) applies for an abortion facility license. | ||
| (b-1) In computing the number of abortions performed for | ||
| purposes of Subsections (b)(1) and (2), an abortion performed in | ||
| accordance with Section 245.016 is not included. | ||
| (c) For purposes of this section, an abortion facility is | ||
| operating if the facility is open for any period of time during a | ||
| day and has on site at the facility or on call a physician available | ||
| to perform abortions. | ||
| SECTION 3. Section 245.011(c), Health and Safety Code, as | ||
| effective September 1, 2021, is amended to read as follows: | ||
| (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 performed; | ||
| (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 probable post-fertilization age of the unborn | ||
| child 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; | ||
| (9) the number of previous induced abortions of the | ||
| patient; | ||
| (10) whether the abortion was performed or induced | ||
| because of a medical emergency and any medical condition of the | ||
| pregnant woman that required the abortion; [ |
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| (11) the county in which the abortion was performed; | ||
| and | ||
| (12) the information required under Sections | ||
| 171.008(a) and (c). | ||
| SECTION 4. Section 245.002, Health and Safety Code, is | ||
| amended by adding Subdivision (3) to read as follows: | ||
| (3) "Commission" means the Health and Human Services | ||
| Commission. | ||
| SECTION 5. Section 245.0116, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 245.0116. COMMISSION [ |
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| commission [ |
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| monthly report containing aggregate data of the information in the | ||
| reports submitted under Sections [ |
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| report must specify the number of abortions performed in each | ||
| county during the reporting period. | ||
| (b) The commission's [ |
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| identify by any means an abortion facility, a physician performing | ||
| the abortion, or a patient. | ||
| SECTION 6. The changes in law made by this Act apply only to | ||
| an abortion performed on or after the effective date of this Act. | ||
| SECTION 7. This Act takes effect December 1, 2021. | ||
