Texas 2009 - 81st Regular

Texas Senate Bill SB2571 Compare Versions

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1	1	81R10539 JSC-F
2	2	By: Shapiro S.B. No. 2571
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to informed and voluntary consent for an abortion and the
8	8	collection and reporting of information related to the performance
9	9	of an abortion; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter B, Chapter 171, Health
12	12	and Safety Code, is amended to read as follows:
13	13	SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT
14	14	SECTION 2. Section 171.018, Health and Safety Code, is
15	15	amended to read as follows:
16	16	Sec. 171.018. OFFENSE. A physician who intentionally
17	17	performs an abortion on a woman in violation of Section 171.011
18	18	[this subchapter] commits an offense. An offense under this
19	19	section is a misdemeanor punishable by a fine not to exceed $10,000.
20	20	In this section, "intentionally" has the meaning assigned by
21	21	Section 6.03(a), Penal Code.
22	22	SECTION 3. Subchapter B, Chapter 171, Health and Safety
23	23	Code, is amended by adding Sections 171.019, 171.020, 171.021, and
24	24	171.022 to read as follows:
25	25	Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before
26	26	performing an abortion, a physician shall:
27	27	(1) verbally inform the woman on whom the abortion is
28	28	to be performed that a person cannot coerce or force her to have an
29	29	abortion and that the physician cannot perform the abortion unless
30	30	the woman provides her voluntary and informed consent;
31	31	(2) provide the woman on whom the abortion is to be
32	32	performed with the coerced abortion form described by Section
33	33	171.021:
34	34	(A) in both English and Spanish; and
35	35	(B) in a language other than English or Spanish,
36	36	if applicable, under Section 171.021(c); and
37	37	(3) provide the woman with access to a telephone in a
38	38	private room.
39	39	(b) A doctor may not perform an abortion on a woman unless,
40	40	before the abortion, the woman certifies on the coerced abortion
41	41	form described by Section 171.021 that she received from the
42	42	physician the information and materials required by Subsection (a).
43	43	(c) If the woman indicates on the coerced abortion form or
44	44	on the abortion reporting form required by Section 171.051 that she
45	45	is being coerced to have an abortion performed, the physician:
46	46	(1) shall report abuse or neglect under Chapter 261,
47	47	Family Code, if applicable;
48	48	(2) shall provide the referral required by Section
49	49	171.020(2); and
50	50	(3) may not perform the abortion until the woman
51	51	provides her voluntary and informed consent that the woman states
52	52	is not a result of coercion.
53	53	Sec. 171.020. REFERRAL TO DOMESTIC VIOLENCE ASSISTANCE.
54	54	The department shall require each physician who performs an
55	55	abortion to:
56	56	(1) maintain a list of domestic violence shelters and
57	57	assistance programs that do not provide or refer for abortions; and
58	58	(2) provide a referral to a domestic violence shelter
59	59	or assistance program that does not provide or refer for abortions
60	60	if the woman seeking an abortion communicates to the facility, the
61	61	physician, or an agent of the physician who is performing the
62	62	abortion that the woman is being abused or is being coerced to have
63	63	the abortion.
64	64	Sec. 171.021. CONTENTS OF FORM. (a) The department shall
65	65	develop a coerced abortion form to be completed by each woman on
66	66	whom an abortion is performed in this state. The form must include:
67	67	(1) the following title centered on the page in
68	68	boldfaced capital letters in 18-point font or larger: "NOTICE";
69	69	(2) the following statement printed in 14-point font
70	70	or larger: "It is against the law for a person, regardless of that
71	71	person's relationship to you, to coerce or force you to have an
72	72	abortion. By law, a physician cannot perform an abortion, including
73	73	inducing, prescribing for, or otherwise providing the means for an
74	74	abortion, unless you give your voluntary and informed consent
75	75	without coercion or force. It is against the law for a physician to
76	76	perform an abortion against your will. You have the right to contact
77	77	any local or state law enforcement agency to receive protection
78	78	from any actual or threatened physical abuse or violence.";
79	79	(3) the following statements printed in 14-point font
80	80	or larger followed by spaces for the woman to initial:
81	81	(A) "I have been informed in person that no one
82	82	can coerce or force me to have an abortion and that an abortion
83	83	cannot be provided to me unless I provide my voluntary and informed
84	84	consent.";
85	85	(B) "I have read the above notice and understand
86	86	that I have legal protection against being coerced or forced to have
87	87	an abortion."; and
88	88	(C) "I understand that I will be given access to a
89	89	telephone in a private room.";
90	90	(4) spaces for the signature of the woman on whom an
91	91	abortion is to be performed and the date the form was completed; and
92	92	(5) spaces for the license number, area of specialty,
93	93	and signature of the physician who performed the abortion.
94	94	(b) The department shall provide the form required by
95	95	Subsection (a) in both English and Spanish.
96	96	(c) If the department determines that a substantial number
97	97	of residents in this state speak a primary language other than
98	98	English or Spanish, the department shall provide the form required
99	99	by Subsection (a) in that language. The department shall instruct a
100	100	facility that provides abortions to provide the coerced abortion
101	101	form in a language other than English or Spanish if the department
102	102	determines that a substantial number of residents in the area speak
103	103	a primary language other than English or Spanish.
104	104	Sec. 171.022. PROVISION, SUBMISSION, AND RETENTION OF
105	105	COERCED ABORTION FORM. (a) The department shall provide a copy of
106	106	this section and the coerced abortion form required by Section
107	107	171.019 to:
108	108	(1) a physician who becomes newly licensed to practice
109	109	in this state, not later than the 30th day after the date the
110	110	physician receives the license; and
111	111	(2) all physicians licensed to practice in this state,
112	112	not later than December 1 of each year.
113	113	(b) A physician who performs an abortion shall submit a
114	114	coerced abortion form, completed by the woman on whom the abortion
115	115	is performed, to the department for each abortion the physician
116	116	performs.
117	117	(c) The original coerced abortion form shall be submitted by
118	118	mail.
119	119	(d) A copy of the coerced abortion form certified by the
120	120	woman shall be placed in the woman's medical file and kept until at
121	121	least the seventh anniversary of the date on which the form was
122	122	signed or, if the woman is a minor, at least until the date the woman
123	123	reaches 20 years of age, whichever is later.
124	124	(e) The woman on whom an abortion is performed shall be
125	125	given a copy of the completed coerced abortion form in person before
126	126	the woman leaves the facility where the abortion is performed.
127	127	SECTION 4. Chapter 171, Health and Safety Code, is amended
128	128	by adding Subchapter C to read as follows:
129	129	SUBCHAPTER C. ABORTION REPORTING
130	130	Sec. 171.051. ABORTION REPORTING FORM. (a) A physician who
131	131	performs an abortion must submit a report by mail to the department
132	132	on each abortion the physician performs. The report must be
133	133	submitted on a form provided by the department.
134	134	(b) The report may not identify the name of the patient by
135	135	any means.
136	136	(c) The abortion reporting form for each abortion must
137	137	include the following information to be completed by the patient:
138	138	(1) the patient's age, race or ethnicity, and marital
139	139	status and municipality, county, state, and nation of residence;
140	140	(2) the age of the father of the unborn child at the
141	141	time of the abortion;
142	142	(3) a space for the patient to indicate the specific
143	143	reason the abortion was performed, including:
144	144	(A) the mother feels coerced or forced to have
145	145	the abortion;
146	146	(B) the mother has all the children she wants;
147	147	(C) the mother cannot afford the child;
148	148	(D) the child has been diagnosed with one or more
149	149	health problems that are documented in the medical records of the
150	150	mother;
151	151	(E) the father of the child opposes the
152	152	pregnancy;
153	153	(F) a parent of the mother of the unborn child
154	154	opposes the pregnancy;
155	155	(G) the mother fears a loss of family support;
156	156	(H) the mother fears losing her job;
157	157	(I) a school counselor recommends abortion;
158	158	(J) a physician recommends abortion;
159	159	(K) the pregnancy was a result of rape;
160	160	(L) the pregnancy was a result of incest; or
161	161	(M) the mother does not wish to complete this
162	162	section;
163	163	(4) the number of previous live births of the patient;
164	164	(5) the number of previous induced abortions of the
165	165	patient;
166	166	(6) the number of previous miscarriages or spontaneous
167	167	abortions of the patient;
168	168	(7) the source of referral for the abortion,
169	169	including:
170	170	(A) a physician;
171	171	(B) self;
172	172	(C) a friend or family member;
173	173	(D) a member of the clergy;
174	174	(E) a school counselor;
175	175	(F) a social services agency;
176	176	(G) the Department of State Health Services;
177	177	(H) a family planning agency; or
178	178	(I) other (specify): ___________________; and
179	179	(8) whether or not the woman availed herself of the
180	180	opportunity to view the printed information required by Subchapter
181	181	B, and, if so, whether the woman viewed the information described in
182	182	Section 171.014, through the Internet or by booklet.
183	183	(d) The abortion reporting form for each abortion must
184	184	include the following information to be completed by the physician:
185	185	(1) the name of the abortion facility at which the
186	186	abortion was performed, the municipality and county in which the
187	187	facility is located, and whether the facility:
188	188	(A) is licensed as an abortion facility under
189	189	Chapter 245;
190	190	(B) is operating as the private office of a
191	191	licensed physician;
192	192	(C) is a licensed hospital;
193	193	(D) is a licensed hospital satellite clinic; or
194	194	(E) is a licensed ambulatory surgical center;
195	195	(2) the license number, area of specialty, and
196	196	signature of the physician who performed or induced the abortion;
197	197	(3) the type of abortion procedure, including:
198	198	(A) nonsurgical abortion, specifying the
199	199	medication or chemical used;
200	200	(B) suction and curettage;
201	201	(C) dilation and curettage;
202	202	(D) dilation and evacuation;
203	203	(E) labor and induction;
204	204	(F) dilation and extraction;
205	205	(G) hysterotomy or hysterectomy; or
206	206	(H) other (specify): ________;
207	207	(4) the date the abortion was performed;
208	208	(5) whether the patient survived the abortion, and if
209	209	the patient did not survive, the cause of death;
210	210	(6) the number of fetuses the patient was carrying;
211	211	(7) the number of weeks of gestation based on the best
212	212	medical judgment of the attending physician at the time of the
213	213	procedure and the weight of the fetus or fetuses, if determinable;
214	214	(8) the method of pregnancy verification, including:
215	215	(A) urine test;
216	216	(B) clinical lab test;
217	217	(C) ultrasound;
218	218	(D) not tested; or
219	219	(E) other (specify): ____________________;
220	220	(9) whether the abortion was paid for by:
221	221	(A) private insurance;
222	222	(B) a public health plan; or
223	223	(C) personal payment by patient;
224	224	(10) whether there was no insurance coverage or
225	225	insurance coverage was provided by:
226	226	(A) a fee-for-service insurance company;
227	227	(B) a managed care company; or
228	228	(C) another source (specify): ________________;
229	229	(11) the total fee collected for performing the
230	230	abortion, including any services related to the abortion;
231	231	(12) the type of anesthetic, if any, used for each
232	232	abortion performed, and whether anesthetic was used for the woman,
233	233	the unborn child or children, or both;
234	234	(13) the method used to dispose of the fetal tissue and
235	235	remains;
236	236	(14) complications for each abortion, including:
237	237	(A) none;
238	238	(B) shock;
239	239	(C) uterine perforation;
240	240	(D) cervical laceration;
241	241	(E) hemorrhage;
242	242	(F) aspiration or allergic response;
243	243	(G) infection or sepsis;
244	244	(H) infant or infants born alive;
245	245	(I) death of mother; or
246	246	(J) other (specify): __________; and
247	247	(15) if the infant or infants were born alive:
248	248	(A) whether life-sustaining measures were
249	249	provided to the infant or infants; and
250	250	(B) the period of time the infant or infants
251	251	survived.
252	252	(e) If the patient is a minor, the report on each abortion
253	253	must include:
254	254	(1) whether the minor's parent, managing conservator,
255	255	or legal guardian provided the written consent required by Section
256	256	164.052(a)(19), Occupations Code, and, if so, whether the consent
257	257	was given:
258	258	(A) in person at the time of the abortion; or
259	259	(B) at a place other than the location at which
260	260	the abortion is performed or induced;
261	261	(2) whether the physician concluded and documented in
262	262	writing in the patient's medical record that on the basis of the
263	263	physician's good faith clinical judgment a condition existed that
264	264	complicated the medical condition of the pregnant minor and
265	265	necessitated the immediate abortion of her pregnancy to avert her
266	266	death or to avoid a serious risk of substantial impairment of a
267	267	major bodily function and that there was insufficient time to
268	268	obtain the consent of the minor's parent, managing conservator, or
269	269	legal guardian;
270	270	(3) whether the minor was emancipated and permitted to
271	271	have the abortion without the written consent required by Section
272	272	164.052(a)(19), Occupations Code;
273	273	(4) whether judicial authorization was received,
274	274	waiving the written consent required by Section 164.052(a)(19),
275	275	Occupations Code; and
276	276	(5) if judicial authorization was received, the
277	277	process the physician or the physician's agent used to inform the
278	278	minor of the judicial bypass, whether court forms were provided to
279	279	her, and what entity made the court arrangement for the minor.
280	280	(f) The patient must fill out sections of the form under
281	281	Subsection (c). Sections to be filled out by the patient must be at
282	282	the top of the form. The bottom portion of the reporting form must
283	283	be completed by the physician performing the abortion. The
284	284	requirement that the patient fill out the patient's portion of the
285	285	form may be waived only if the abortion is performed to prevent the
286	286	death of the mother or to avoid harm to a mother described by
287	287	Section 164.052(a)(18), Occupations Code, or harm to a mother who
288	288	is a minor described by Section 164.052(a)(19), Occupations Code.
289	289	If the requirement that the patient fill out the patient's portion
290	290	of the form is waived under this subsection, the physician
291	291	performing the abortion shall include in the patient's medical
292	292	records a signed written statement certifying the nature of the
293	293	medical emergency.
294	294	(g) A copy of the abortion reporting form must be maintained
295	295	in the patient's medical file at least until the seventh
296	296	anniversary of the date of the abortion. The patient must be given
297	297	a copy of the completed abortion reporting form in person after the
298	298	physician and patient complete the form.
299	299	(h) The department shall provide the abortion reporting
300	300	form required by this section, together with a copy of this section
301	301	to:
302	302	(1) a physician who becomes newly licensed to practice
303	303	in this state, not later than the 30th day after the date the
304	304	physician receives the license; and
305	305	(2) all physicians licensed to practice in this state,
306	306	not later than December 1 of each year.
307	307	Sec. 171.052. ABORTION COMPLICATION REPORT. (a) A
308	308	physician practicing in the state who treats an illness or injury
309	309	related to complications from an abortion shall complete and submit
310	310	an abortion complication report to the department. The report must
311	311	be submitted by mail on the form provided by the department.
312	312	(b) The department shall prepare an abortion complication
313	313	report form for all physicians licensed and practicing in this
314	314	state. A copy of this section must be attached to the form. The
315	315	form must include:
316	316	(1) the date and type of the original abortion,
317	317	including:
318	318	(A) nonsurgical abortion, specifying the
319	319	medication or chemical used;
320	320	(B) suction and curettage;
321	321	(C) dilation and curettage;
322	322	(D) dilation and evacuation;
323	323	(E) labor and induction;
324	324	(F) dilation and extraction;
325	325	(G) hysterotomy or hysterectomy; or
326	326	(H) other (specify): ______________;
327	327	(2) the name and type of facility where the abortion
328	328	complication was diagnosed and treated, including:
329	329	(A) an abortion facility licensed under Chapter
330	330	245;
331	331	(B) a private office of a licensed physician;
332	332	(C) a licensed hospital;
333	333	(D) a licensed hospital satellite clinic; or
334	334	(E) a licensed ambulatory surgical center;
335	335	(3) the name and type of facility where the abortion
336	336	was performed, if known;
337	337	(4) the license number, area of specialty, and
338	338	signature of the physician who treated the abortion complication;
339	339	(5) the date on which the abortion complication was
340	340	diagnosed and treated;
341	341	(6) a description of the abortion complication,
342	342	including:
343	343	(A) none;
344	344	(B) shock;
345	345	(C) uterine perforation;
346	346	(D) cervical laceration;
347	347	(E) hemorrhage;
348	348	(F) aspiration or allergic response;
349	349	(G) infection or sepsis;
350	350	(H) infant or infants born alive;
351	351	(I) death of mother; or
352	352	(J) other (specify): ________________;
353	353	(7) the patient's age, race or ethnicity, and marital
354	354	status and municipality, county, state, and nation of residence;
355	355	(8) the number of weeks of gestation at which the
356	356	abortion was performed based on the best medical judgment of the
357	357	attending physician at the time of treatment for the abortion
358	358	complication;
359	359	(9) the number of previous live births of the patient;
360	360	(10) the number of previous induced abortions for the
361	361	patient;
362	362	(11) the number of previous miscarriages or
363	363	spontaneous abortions of the patient;
364	364	(12) whether treatment for the abortion complication
365	365	was paid for by:
366	366	(A) private insurance;
367	367	(B) a public health plan; or
368	368	(C) personal payment by the patient;
369	369	(13) the total fee collected for treatment for the
370	370	abortion complication;
371	371	(14) whether there was no insurance coverage or
372	372	insurance coverage was provided by:
373	373	(A) a fee-for-service insurance company;
374	374	(B) a managed care company; or
375	375	(C) another provider; and
376	376	(15) the type of follow-up care recommended.
377	377	(c) The department shall provide the abortion complication
378	378	form required by this section, together with a copy of this section,
379	379	to:
380	380	(1) a physician who becomes newly licensed to practice
381	381	in this state, not later than the 30th day after the date the
382	382	physician receives the license; and
383	383	(2) all physicians licensed to practice in this state,
384	384	not later than December 1 of each year.
385	385	(d) A copy of the abortion complication report form must be
386	386	maintained in the patient's medical file until the seventh
387	387	anniversary of the date the abortion complication was diagnosed and
388	388	treated. The patient must receive a copy of the completed form in
389	389	person before the patient leaves the facility.
390	390	SECTION 5. Chapter 171, Health and Safety Code, is amended
391	391	by adding Subchapter D to read as follows:
392	392	SUBCHAPTER D. PROVISIONS RELATING TO REPORTS; PENALTIES
393	393	Sec. 171.061. REPORTING REQUIREMENTS. (a) A physician
394	394	performing an abortion shall complete and submit an abortion
395	395	reporting form to the department for each abortion as required by
396	396	Section 171.051 not later than the 15th day of each month for
397	397	abortions performed in the previous calendar month.
398	398	(b) A physician required to submit an abortion complication
399	399	report to the department by Section 171.052 shall submit the report
400	400	as soon as practicable after diagnosis or treatment of the abortion
401	401	complication, but in no case more than seven days after the date of
402	402	the diagnosis or treatment.
403	403	(c) A physician performing an abortion shall submit a
404	404	certified coerced abortion form for each abortion to the department
405	405	as required by Section 171.022 not later than the 15th day of each
406	406	month for abortions performed in the previous calendar month.
407	407	(d) Not later than April 1 of each year, the department
408	408	shall issue in aggregate a public report summarizing the
409	409	information submitted on each individual report required by
410	410	Sections 171.051 and 171.052. The public report shall cover the
411	411	entire previous calendar year and shall be compiled from the data in
412	412	all the abortion reporting forms and the abortion complication
413	413	reports submitted to the department in accordance with Sections
414	414	171.051 and 171.052. Each public report shall also provide
415	415	information for all previous calendar years, adjusted to reflect
416	416	any additional information from late or corrected reports. The
417	417	department shall ensure that none of the information included in
418	418	the public reports could reasonably lead to identification of any
419	419	physician who performed an abortion or treated abortion-related
420	420	complications or of any woman who has had an abortion.
421	421	(e) Except as provided by Subsection (d) and Section
422	422	245.023, all information and records held by the department under
423	423	this subchapter and Subchapters B and C are confidential and are not
424	424	open records for the purposes of Chapter 552, Government Code. That
425	425	information may not be released or made public, except that release
426	426	may be made:
427	427	(1) for statistical purposes, but only if a person,
428	428	patient, physician, or facility is not identified;
429	429	(2) with the consent of each person, patient,
430	430	physician, and facility identified in the information released;
431	431	(3) to medical personnel, appropriate state agencies,
432	432	or county and district courts to enforce this chapter or Chapter
433	433	245; or
434	434	(4) to appropriate state licensing boards to enforce
435	435	state licensing laws.
436	436	(f) The department or an employee of the department may not
437	437	disclose to a person or entity outside of the department the form or
438	438	contents of the form described by Section 171.021 or the reports or
439	439	contents of the reports required by this section and Sections
440	440	171.051 and 171.052 in a manner or fashion that permits the person
441	441	or entity to whom the form or report is disclosed to identify in any
442	442	way a person who is the signatory of the form or the subject of the
443	443	report.
444	444	Sec. 171.062. PENALTIES. (a) A physician who does not file
445	445	a form required by Section 171.022 or submit a report required by
446	446	Section 171.051 or 171.052 within 30 days of the date the form or
447	447	report was due is subject to a late fee of $500 for each additional
448	448	30-day period or portion of a 30-day period the report is overdue.
449	449	(b) A physician required to file a form by Section 171.022
450	450	or a report by Section 171.051 or 171.052 who has not submitted a
451	451	complete form or report before the first anniversary of the date the
452	452	form or report was due is subject to a late fee under Subsection (a)
453	453	and, in an action brought by the department, may be directed by a
454	454	court to submit a complete form or report within a period stated by
455	455	court order or be subject to sanctions for civil contempt.
456	456	Sec. 171.063. OFFENSE. (a) A person commits an offense if
457	457	a person:
458	458	(1) fails to submit a form or report required by this
459	459	subchapter or Subchapters B and C;
460	460	(2) intentionally, knowingly, or recklessly submits
461	461	false information on a form or report required by this subchapter or
462	462	Subchapters B and C;
463	463	(3) includes the name or identifying information of
464	464	the woman who had the abortion in a form or report required by this
465	465	subchapter or Subchapter C; or
466	466	(4) includes the name or identifying information of a
467	467	physician in a public report required by Section 171.061(d).
468	468	(b) A person who discloses confidential identifying
469	469	information in violation of Section 171.061(f) commits an offense.
470	470	(c) A physician commits an offense if the physician performs
471	471	an abortion and the physician reasonably believes that the abortion
472	472	is the result of coercion, as defined by Section 1.07, Penal Code.
473	473	(d) An offense under this section is a Class A misdemeanor.
474	474	SECTION 6. Section 245.001, Health and Safety Code, is
475	475	amended to read as follows:
476	476	Sec. 245.001. SHORT TITLE. This chapter may be cited as the
477	477	Texas Abortion Facility [Reporting and] Licensing Act.
478	478	SECTION 7. Section 245.005(e), Health and Safety Code, is
479	479	amended to read as follows:
480	480	(e) As a condition for renewal of a license, the licensee
481	481	must submit to the department the annual license renewal fee and an
482	482	annual report[, including the report required under Section
483	483	245.011].
484	484	SECTION 8. Section 248.003, Health and Safety Code, is
485	485	amended to read as follows:
486	486	Sec. 248.003. EXEMPTIONS. This chapter does not apply to:
487	487	(1) a home and community support services agency
488	488	required to be licensed under Chapter 142;
489	489	(2) a person required to be licensed under Chapter 241
490	490	(Texas Hospital Licensing Law);
491	491	(3) an institution required to be licensed under
492	492	Chapter 242;
493	493	(4) an ambulatory surgical center required to be
494	494	licensed under Chapter 243 (Texas Ambulatory Surgical Center
495	495	Licensing Act);
496	496	(5) a birthing center required to be licensed under
497	497	Chapter 244 (Texas Birthing Center Licensing Act);
498	498	(6) a facility required to be licensed under Chapter
499	499	245 (Texas Abortion Facility [Reporting and] Licensing Act);
500	500	(7) a child care institution, foster group home,
501	501	foster family home, and child-placing agency, for children in
502	502	foster care or other residential care who are under the
503	503	conservatorship of the Department of Protective and Regulatory
504	504	Services; or
505	505	(8) a person providing medical or nursing care or
506	506	services under a license or permit issued under other state law.
507	507	SECTION 9. Section 245.011, Health and Safety Code, is
508	508	repealed.
509	509	SECTION 10. (a) Not later than December 1, 2009, the
510	510	Department of State Health Services shall provide for distribution
511	511	of the forms required by Subchapter B, Chapter 171, Health and
512	512	Safety Code, as amended by this Act, and Subchapter C, Chapter 171,
513	513	Health and Safety Code, as added by this Act, along with
514	514	instructions for completing the forms.
515	515	(b) Not later than January 1, 2010, the Department of State
516	516	Health Services shall distribute forms as required by Sections
517	517	171.022(a), 171.051(h), and 171.052(c), Health and Safety Code, as
518	518	added by this Act.
519	519	(c) A physician is not required to submit a form or report
520	520	under Sections 171.022, 171.051, and 171.052, Health and Safety
521	521	Code, as added by this Act, before January 1, 2010.
522	522	(d) The changes in law made by this Act apply only to an
523	523	offense committed on or after January 1, 2010. For purposes of this
524	524	section, an offense is committed before January 1, 2010, if any
525	525	element of the offense occurs before that date. An offense
526	526	committed before January 1, 2010, is covered by the law in effect
527	527	when the offense was committed, and the former law is continued in
528	528	effect for that purpose.
529	529	SECTION 11. (a) Except as provided by Subsection (b) or
530	530	(c) of this section, this Act takes effect September 1, 2009.
531	531	(b) Section 171.063, Health and Safety Code, as added by
532	532	this Act, takes effect January 1, 2010.
533	533	(c) Sections 7 and 9 of this Act take effect January 1, 2010.