By: Schaefer H.B. No. 2308
A BILL TO BE ENTITLED
AN ACT
rel
ating to facility reporting requirements for an abortion
performed at an abortion facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 171, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. ABORTION FACILITY PHYSICIAN REPORTING REQUIREMENTS
Sec. 171.051. PHYSICIAN REPORTING REQUIREMENTS. (a) A
physician who performs an abortion at an abortion facility licensed
under Chapter 245 must complete and submit to the department a
monthly report on each abortion performed by the physician at the
facility. The report must be submitted on a form provided by the
department.
(b) The report may not identify by any means the patient
undergoing the abortion.
(c) The report must include the information described by
Section 245.011(c).
(d) Not later than the 15th day of each month, a physician
shall submit by any means in which the receipt may be acknowledged
by the department the physician report required by this section for
each abortion performed by the physician at an abortion facility in
the preceding calendar month.
Sec. 171.052. PENALTIES. (a) The commissioner of state
health services may assess an administrative penalty against a
physician who fails to submit the physician report required by
Section 171.051 in the time specified under that section. The
amount of the penalty is $1,000 for the first 30-day period or
portion of a 30-day period the report remains overdue, $2,500 for
the second 30-day period, and $5,000 for each 30-day period
thereafter.
(b) The commissioner of state health services shall bring an
action against a physician who fails to file the report required by
Section 171.051 on or before six months after the date the report
was due to compel the physician to submit a complete report in the
time ordered by the court or be subject to sanctions for civil
contempt.
SECTION 2. This Act takes effect September 1, 2013.