| 1 | 1 | | By: West S.B. No. 1050 |
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| 2 | 2 | | (In the Senate - Filed March 1, 2011; March 16, 2011, read |
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| 3 | 3 | | first time and referred to Committee on Health and Human Services; |
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| 4 | 4 | | April 7, 2011, reported favorably by the following vote: Yeas 8, |
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| 5 | 5 | | Nays 0; April 7, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the collection of certain information on a birth |
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| 11 | 11 | | certificate. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 192.002, Health and Safety Code, is |
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| 14 | 14 | | amended by amending Subsection (b) and adding Subsection (b-1) to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (b) The section of the birth certificate entitled "For |
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| 17 | 17 | | Medical and Health Use Only" is not part of the legal birth |
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| 18 | 18 | | certificate. If the birth is the result of a labor induction or a |
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| 19 | 19 | | cesarean section, the following information must be collected under |
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| 20 | 20 | | that section of the birth certificate: |
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| 21 | 21 | | (1) whether the labor induction or cesarean section |
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| 22 | 22 | | was performed before the 40th week of gestation; and |
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| 23 | 23 | | (2) whether the labor induction or cesarean section |
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| 24 | 24 | | was medically indicated. |
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| 25 | 25 | | (b-1) Information held by the department under the [that] |
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| 26 | 26 | | section of the certificate described by Subsection (b) is |
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| 27 | 27 | | confidential. That information may not be released or made public |
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| 28 | 28 | | on subpoena or otherwise, except that release may be made for |
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| 29 | 29 | | statistical purposes only so that no person, patient, or facility |
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| 30 | 30 | | is identified, or to medical personnel of a health care entity, as |
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| 31 | 31 | | that term is defined in Subtitle B, Title 3, Occupations Code, or |
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| 32 | 32 | | appropriate state or federal agencies for statistical research. |
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| 33 | 33 | | The executive commissioner of the Health and Human Services |
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| 34 | 34 | | Commission [board] may adopt rules to implement Subsection (b) and |
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| 35 | 35 | | this subsection. |
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| 36 | 36 | | SECTION 2. Not later than December 1, 2011, the executive |
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| 37 | 37 | | commissioner of the Health and Human Services Commission shall |
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| 38 | 38 | | adopt any rules and the Department of State Health Services shall |
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| 39 | 39 | | prescribe the form necessary to implement Section 192.002, Health |
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| 40 | 40 | | and Safety Code, as amended by this Act. |
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| 41 | 41 | | SECTION 3. Section 192.002, Health and Safety Code, as |
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| 42 | 42 | | amended by this Act, applies to the collection of information |
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| 43 | 43 | | regarding a birth that occurs on or after January 1, 2012. The |
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| 44 | 44 | | collection of information regarding a birth that occurred before |
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| 45 | 45 | | that date is governed by the law in effect at the time of the birth, |
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| 46 | 46 | | and the former law is continued in effect for that purpose. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2011. |
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| 48 | 48 | | * * * * * |
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