By: West S.B. No. 1050
(In the Senate - Filed March 1, 2011; March 16, 2011, read
first time and referred to Committee on Health and Human Services;
April 7, 2011, reported favorably by the following vote: Yeas 8,
Nays 0; April 7, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the collection of certain information on a birth
certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.002, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) The section of the birth certificate entitled "For
Medical and Health Use Only" is not part of the legal birth
certificate. If the birth is the result of a labor induction or a
cesarean section, the following information must be collected under
that section of the birth certificate:
(1) whether the labor induction or cesarean section
was performed before the 40th week of gestation; and
(2) whether the labor induction or cesarean section
was medically indicated.
(b-1) Information held by the department under the [that]
section of the certificate described by Subsection (b) is
confidential. That information may not be released or made public
on subpoena or otherwise, except that release may be made for
statistical purposes only so that no person, patient, or facility
is identified, or to medical personnel of a health care entity, as
that term is defined in Subtitle B, Title 3, Occupations Code, or
appropriate state or federal agencies for statistical research.
The executive commissioner of the Health and Human Services
Commission [board] may adopt rules to implement Subsection (b) and
this subsection.
SECTION 2. Not later than December 1, 2011, the executive
commissioner of the Health and Human Services Commission shall
adopt any rules and the Department of State Health Services shall
prescribe the form necessary to implement Section 192.002, Health
and Safety Code, as amended by this Act.
SECTION 3. Section 192.002, Health and Safety Code, as
amended by this Act, applies to the collection of information
regarding a birth that occurs on or after January 1, 2012. The
collection of information regarding a birth that occurred before
that date is governed by the law in effect at the time of the birth,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.
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