Texas 2017 - 85th Regular

Texas House Bill HB2962 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	85R18804 SCL-F
2		-	By: Capriglione, Sheffield, Springer, et al. H.B. No. 2962
3		-	Substitute the following for H.B. No. 2962:
4		-	By: Smithee C.S.H.B. No. 2962
	1	+	By: Capriglione, et al. (Senate Sponsor - Campbell) H.B. No. 2962
	2	+	(In the Senate - Received from the House May 15, 2017;
	3	+	May 16, 2017, read first time and referred to Committee on Health &
	4	+	Human Services; May 19, 2017, reported favorably by the following
	5	+	vote: Yeas 5, Nays 3; May 19, 2017, sent to printer.)
	6	+	Click here to see the committee vote
5	7
6	8
7	9		A BILL TO BE ENTITLED
8	10		AN ACT
9		-	relating to reporting requirements by certain health ~~care~~
10		-	facilities for abortion complications; authorizing a civil
	11	+	relating to reporting requirements by certain physicians and health
	12	+	care facilities for abortion complications; authorizing a civil
11	13		penalty.
12	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	15		SECTION 1. Subchapter A, Chapter 171, Health and Safety
14	16		Code, is amended by adding Section 171.006 to read as follows:
15	17		Sec. 171.006. ABORTION COMPLICATION REPORTING
16	18		REQUIREMENTS; CIVIL PENALTY. (a) In this section "abortion
17	19		complication" means any harmful event or adverse outcome with
18	20		respect to a patient related to an abortion that is performed on the
19	21		patient and that is diagnosed or treated by a health care
20	22		practitioner or at a health care facility and includes:
21	23		(1) shock;
22	24		(2) uterine perforation;
23	25		(3) cervical laceration;
24	26		(4) hemorrhage;
25	27		(5) aspiration or allergic response;
26	28		(6) infection;
27	29		(7) sepsis;
28	30		(8) death of the patient;
29	31		(9) incomplete abortion;
30	32		(10) damage to the uterus; or
31	33		(11) an infant born alive after the abortion.
32		-	(b) The reporting requirements of this section apply only to
33		-	a health care facility that is a hospital, abortion facility,
34		-	freestanding emergency medical care facility, or health care
35		-	facility that provides emergency medical care, as defined by
36		-	Section 773.003.
37		-	(c) Each facility described by Subsection (b) shall submit
	34	+	(b) The reporting requirements of this section apply only
	35	+	to:
	36	+	(1) a physician who performs an abortion at an
	37	+	abortion facility if the abortion results in an abortion
	38	+	complication that is diagnosed or treated by that physician or at
	39	+	the abortion facility; or
	40	+	(2) a health care facility that is a hospital,
	41	+	abortion facility, freestanding emergency medical care facility,
	42	+	or health care facility that provides emergency medical care, as
	43	+	defined by Section 773.003.
	44	+	(c) A physician described by Subsection (b)(1) shall submit
38	45		to the department in the form and manner prescribed by department
39		-	rule a quarterly report on each abortion complication diagnosed or
40		-	treated at the facility.
	46	+	rule a report on each abortion complication diagnosed or treated by
	47	+	that physician or at the abortion facility not later than 72 hours
	48	+	after the complication is diagnosed or treated. Each facility
	49	+	described by Subsection (b)(2) shall electronically submit to the
	50	+	department in the form and manner prescribed by department rule a
	51	+	report on each abortion complication diagnosed or treated at the
	52	+	facility not later than the 30th day after the date on which the
	53	+	complication is diagnosed or treatment is provided for the
	54	+	complication.
41	55		(d) The department shall develop a form for reporting an
42	56		abortion complication under Subsection (c) and publish the form on
43		-	the department's Internet website.
	57	+	the department's Internet website. The executive commissioner by
	58	+	rule may adopt procedures to reduce duplication in reporting under
	59	+	this section.
44	60		(e) A report under this section may not identify by any
45		-	means the physician performing an abortion or the patient.
46		-	(f) A report under this section must identify the name and
47		-	type of facility submitting the report and must include, if known,
48		-	for each abortion complication:
	61	+	means the physician performing an abortion, other than a physician
	62	+	described by Subsection (b)(1), or the patient.
	63	+	(f) A report under this section must identify the name of
	64	+	the physician submitting the report or the name and type of facility
	65	+	submitting the report and must include, if known, for each abortion
	66	+	complication:
49	67		(1) the date of the abortion that caused or may have
50	68		caused the complication;
51	69		(2) the type of abortion that caused or may have caused
52	70		the complication;
53	71		(3) the gestational age of the fetus when the abortion
54	72		was performed;
55	73		(4) the name and type of the facility in which the
56	74		abortion was performed;
57	75		(5) the date the complication was diagnosed or
58	76		treated;
59	77		(6) the name and type of any facility other than the
60	78		reporting facility in which the complication was diagnosed or
61	79		treated;
62	80		(7) a description of the complication;
63		-	(8) the number of previous live births of the patient;
64		-	and
65		-	(9) the number of previous induced abortions of the
	81	+	(8) the patient's year of birth, race, marital status,
	82	+	and state and county of residence;
	83	+	(9) the date of the first day of the patient's last
	84	+	menstrual period that occurred before the date of the abortion that
	85	+	caused or may have caused the complication;
	86	+	(10) the number of previous live births of the
	87	+	patient; and
	88	+	(11) the number of previous induced abortions of the
66	89		patient.
67	90		(g) Except as provided by Section 245.023, all information
68	91		and records held by the department under this section are
69	92		confidential and are not open records for the purposes of Chapter
70	93		552, Government Code. That information may not be released or made
71	94		public on subpoena or otherwise, except that release may be made:
72	95		(1) for statistical purposes, but only if a person,
73	96		patient, or facility is not identified;
74	97		(2) with the consent of each person, patient, and
75	98		facility identified in the information released;
76	99		(3) to medical personnel, appropriate state agencies,
77	100		or county and district courts to enforce this chapter; or
78	101		(4) to appropriate state licensing boards to enforce
79	102		state licensing laws.
80	103		(h) A report submitted under this section must meet the
81	104		federal reporting requirements that mandate the most specific,
82	105		accurate, and complete coding and reporting for the highest level
83	106		of specificity.
84	107		(i) The department shall develop and publish on the
85	108		department's Internet website an annual report that aggregates on a
86	109		statewide basis each abortion complication required to be reported
87	110		under Subsection (f) for the previous calendar year.
88		-	(j) A facility that violates this section is subject to a
89		-	civil penalty of $500 for each violation. The attorney general, at
90		-	the request of the department, may file an action to recover a civil
91		-	penalty assessed under this subsection and may recover attorney's
92		-	fees and costs incurred in bringing the action. Each day of a
93		-	continuing violation constitutes a separate ground for recovery.
	111	+	(j) A physician described by Subsection (b)(1) or facility
	112	+	that violates this section is subject to a civil penalty of $500 for
	113	+	each violation. The attorney general, at the request of the
	114	+	department or appropriate licensing agency, may file an action to
	115	+	recover a civil penalty assessed under this subsection and may
	116	+	recover attorney's fees and costs incurred in bringing the action.
	117	+	Each day of a continuing violation constitutes a separate ground
	118	+	for recovery.
94	119		(k) The third separate violation of this section
95		-	constitutes cause for the revocation or suspension of a facility's
96		-	license, permit, registration, certificate, or other authority or
97		-	for other disciplinary action against the facility by the
98		-	department.
	120	+	constitutes cause for the revocation or suspension of a physician's
	121	+	or facility's license, permit, registration, certificate, or other
	122	+	authority or for other disciplinary action against the physician or
	123	+	facility by the appropriate licensing agency.
	124	+	(l) The department shall notify the Texas Medical Board of
	125	+	any violations of this section by a physician.
99	126		SECTION 2. Not later than January 1, 2018:
100	127		(1) the Department of State Health Services shall
101	128		develop the forms required by Section 171.006, Health and Safety
102	129		Code, as added by this Act; and
103	130		(2) the executive commissioner of the Health and Human
104	131		Services Commission shall adopt the rules necessary to implement
105	132		Section 171.006, Health and Safety Code, as added by this Act.
106		-	SECTION 3. This Act takes effect September 1, 2017.
	133	+	SECTION 3. The Department of State Health Services shall
	134	+	establish an electronic reporting system for purposes of Section
	135	+	171.006, Health and Safety Code, as added by this Act, as soon as
	136	+	practicable after the effective date of this Act.
	137	+	SECTION 4. This Act takes effect September 1, 2017.
	138	+	* * * * *