Bill Text: TX SB872 | 2017-2018 | 85th Legislature | Introduced

Texas Senate Bill 872 (Prior Session Legislation)

Introduced

Bill Title: Relating to reporting requirements by physicians and certain health care facilities regarding complications resulting from an abortion.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-27 - Referred to Health & Human Services [SB872 Detail]

Download: Texas-2017-SB872-Introduced.html

	85R5077 LED-D

	By: Perry	S.B. No. 872



	A BILL TO BE ENTITLED
	AN ACT
	relating to reporting requirements by physicians and certain health
	care facilities regarding complications resulting from an
	abortion.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 171, Health and Safety Code, is amended
	by adding Subchapter F to read as follows:
	SUBCHAPTER F. REQUIRED REPORTING OF ABORTION COMPLICATIONS
	Sec. 171.101. DEFINITIONS. In this subchapter, "abortion"
	and "physician" have the meanings assigned by Section 171.061.
	Sec. 171.102. REQUIRED REPORTING. (a) Not later than the
	30th day after the date a physician treats a patient for a
	complication that resulted or may have resulted from an abortion,
	the physician shall submit an abortion complication report on the
	form provided by the department. The report must be submitted to
	the vital statistics unit of the department by:
	(1) certified mail marked as confidential; or
	(2) electronic transmission confidentially through an
	encrypted format approved by the department.
	(b) The abortion complication report must include:
	(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) any type of anesthesia used during the abortion;
	(4) the gestational age of the fetus when the abortion
	was performed;
	(5) the name and type of facility in which the abortion
	was performed;
	(6) the date the complication was diagnosed and
	treated;
	(7) the name and type of facility in which the
	complication was diagnosed and treated;
	(8) a description of the complication;
	(9) the number of previous live births of the patient;
	and
	(10) the number of previous induced abortions of the
	patient.
	(c) The report may not identify a patient by any means.
	Sec. 171.103. CONFIDENTIAL INFORMATION. All information
	and records held by the department under this subchapter 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.
	SECTION 2. Subchapter A, Chapter 241, Health and Safety
	Code, is amended by adding Section 241.011 to read as follows:
	Sec. 241.011. REPORTING REQUIREMENTS; CONFIDENTIAL
	INFORMATION. (a) A hospital shall submit an annual report to the
	department that states the number of patients who in the preceding
	year were treated at the hospital for complications resulting from
	an abortion, as that term is defined by Section 245.002. The report
	must be submitted on a form provided by the department and in
	accordance with department rules.
	(b) The report may not identify a patient by any means.
	(c) 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 hospital is not identified;
	(2) with the consent of each person, patient, and
	hospital 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.
	SECTION 3. Subchapter A, Chapter 254, Health and Safety
	Code, is amended by adding Section 254.002 to read as follows:
	Sec. 254.002. REPORTING REQUIREMENTS; CONFIDENTIAL
	INFORMATION. (a) A facility shall submit an annual report to the
	department that states the number of patients who in the preceding
	year were treated at the facility for complications resulting from
	an abortion, as that term is defined by Section 245.002. The report
	must be submitted on a form provided by the department and in
	accordance with department rules.
	(b) The report may not identify a patient by any means.
	(c) 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.
	SECTION 4. Not later than January 1, 2018:
	(1) the Department of State Health Services shall
	develop the forms required by Sections 171.102, 241.011, and
	254.002, 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
	Sections 241.011 and 254.002, Health and Safety Code, as added by
	this Act.
	SECTION 5. This Act takes effect September 1, 2017.