| 1 | 1 | | 84R3160 SCL-F |
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| 2 | 2 | | By: Schaefer H.B. No. 832 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to reporting requirements for a physician performing an |
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| 8 | 8 | | abortion at an abortion facility. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 245.005(e), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (e) As a condition for renewal of a license, the licensee |
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| 13 | 13 | | must submit to the department the annual license renewal fee and an |
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| 14 | 14 | | annual report[, including the report required under Section |
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| 15 | 15 | | 245.011]. |
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| 16 | 16 | | SECTION 2. The heading to Section 245.011, Health and |
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| 17 | 17 | | Safety Code, is amended to read as follows: |
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| 18 | 18 | | Sec. 245.011. PHYSICIAN REPORTING REQUIREMENTS; CRIMINAL |
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| 19 | 19 | | PENALTY. |
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| 20 | 20 | | SECTION 3. Section 245.011, Health and Safety Code, is |
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| 21 | 21 | | amended by amending Subsections (a), (b), (d), and (e) and adding |
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| 22 | 22 | | Subsections (f) and (g) to read as follows: |
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| 23 | 23 | | (a) A physician who performs an abortion at an [Each] |
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| 24 | 24 | | abortion facility must complete and submit a monthly [an annual] |
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| 25 | 25 | | report to the department on each abortion [that is] performed by the |
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| 26 | 26 | | physician at the abortion facility. The report must be submitted on |
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| 27 | 27 | | a form provided by the department. |
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| 28 | 28 | | (b) The report may not identify by any means [the physician |
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| 29 | 29 | | performing the abortion or] the patient. |
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| 30 | 30 | | (d) Except as provided by Section 245.023, all information |
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| 31 | 31 | | and records held by the department under this chapter are |
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| 32 | 32 | | confidential and are not open records for the purposes of Chapter |
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| 33 | 33 | | 552, Government Code. That information may not be released or made |
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| 34 | 34 | | public on subpoena or otherwise, except that release may be made: |
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| 35 | 35 | | (1) for statistical purposes, but only if a person, |
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| 36 | 36 | | patient, physician performing an abortion, or abortion facility is |
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| 37 | 37 | | not identified; |
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| 38 | 38 | | (2) with the consent of each person, patient, |
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| 39 | 39 | | physician, and abortion facility identified in the information |
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| 40 | 40 | | released; |
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| 41 | 41 | | (3) to medical personnel, appropriate state agencies, |
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| 42 | 42 | | or county and district courts to enforce this chapter; or |
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| 43 | 43 | | (4) to appropriate state licensing boards to enforce |
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| 44 | 44 | | state licensing laws. |
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| 45 | 45 | | (e) A person commits an offense if the person violates |
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| 46 | 46 | | Subsection (b), (c), or (d) [this section]. An offense under this |
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| 47 | 47 | | subsection is a Class A misdemeanor. |
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| 48 | 48 | | (f) Not later than the 15th day of each month, a physician |
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| 49 | 49 | | shall submit to the department the report required by this section |
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| 50 | 50 | | for each abortion performed by the physician at an abortion |
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| 51 | 51 | | facility in the preceding calendar month. |
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| 52 | 52 | | (g) The department shall establish and maintain a secure |
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| 53 | 53 | | electronic reporting system for the submission of the reports |
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| 54 | 54 | | required by this section. The department shall adopt procedures to |
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| 55 | 55 | | enforce this section and to ensure that only physicians who perform |
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| 56 | 56 | | one or more abortions during the preceding calendar month are |
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| 57 | 57 | | required to file the reports under this section for that month. |
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| 58 | 58 | | SECTION 4. Chapter 245, Health and Safety Code, is amended |
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| 59 | 59 | | by adding Sections 245.0115 and 245.0116 to read as follows: |
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| 60 | 60 | | Sec. 245.0115. NOTIFICATION. Not later than the seventh |
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| 61 | 61 | | day after the date the report required by Section 245.011 is due, |
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| 62 | 62 | | the commissioner of state health services shall notify the Texas |
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| 63 | 63 | | Medical Board of a violation of that section. The board shall treat |
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| 64 | 64 | | the notification as a complaint filed with the board. |
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| 65 | 65 | | Sec. 245.0116. DEPARTMENT REPORT. (a) The department |
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| 66 | 66 | | shall publish on its Internet website a monthly report containing |
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| 67 | 67 | | aggregate data of the information in the reports submitted under |
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| 68 | 68 | | Section 245.011. |
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| 69 | 69 | | (b) The department's monthly report may not identify by any |
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| 70 | 70 | | means an abortion facility, a physician performing the abortion, or |
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| 71 | 71 | | a patient. |
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| 72 | 72 | | SECTION 5. The Department of State Health Services shall |
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| 73 | 73 | | establish a secure electronic reporting system under Section |
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| 74 | 74 | | 245.011(g), Health and Safety Code, as added by this Act, not later |
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| 75 | 75 | | than September 1, 2016. |
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| 76 | 76 | | SECTION 6. This Act takes effect September 1, 2015. |
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