Texas 2017 - 85th Regular

Texas Senate Bill SB1602 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Campbell, et al. S.B. No. 1602
	1	+	By: Campbell, Perry S.B. No. 1602
	2	+	(In the Senate - Filed March 9, 2017; March 21, 2017, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	April 24, 2017, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 3; April 24, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1602 By: Kolkhorst
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to reporting requirements by certain health care
7	14		facilities for abortion complications; authorizing a civil
8	15		penalty.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subchapter A, Chapter 171, Health and Safety
11	18		Code, is amended by adding Section 171.006 to read as follows:
12	19		Sec. 171.006. ABORTION COMPLICATION REPORTING
13	20		REQUIREMENTS; CIVIL PENALTY. (a) In this section, "abortion
14	21		complication" means any harmful event or adverse outcome with
15	22		respect to a patient related to an abortion that is performed on the
16	23		patient and that is diagnosed or treated by a health care
17	24		practitioner or at a health care facility and includes:
18	25		(1) shock;
19	26		(2) uterine perforation;
20	27		(3) cervical laceration;
21	28		(4) hemorrhage;
22	29		(5) aspiration or allergic response;
23	30		(6) infection;
24	31		(7) sepsis;
25	32		(8) death of the patient;
26	33		(9) incomplete abortion;
27	34		(10) damage to the uterus; or
28	35		(11) an infant born alive after the abortion.
29	36		(b) The reporting requirements of this section apply only to
30	37		a health care facility that is a hospital, abortion facility,
31	38		freestanding emergency medical care facility, or health care
32	39		facility that provides emergency medical care, as defined by
33	40		Section 773.003.
34	41		(c) Each facility described by Subsection (b) shall submit
35	42		to the department in the form and manner prescribed by department
36	43		rule a quarterly report on each abortion complication diagnosed or
37	44		treated at the facility.
38	45		(d) The department shall develop a form for reporting an
39	46		abortion complication under Subsection (c) and publish the form on
40	47		the department's Internet website. The form must include
41	48		appropriate abortion complication diagnosis terminology that is
42	49		consistent with standard diagnosis terminology used in medical
43	50		practice.
44	51		(e) A report under this section may not identify by any
45	52		means the physician performing an abortion or the patient.
46	53		(f) A report under this section must identify the name and
47	54		type of facility submitting the report and must include, if known,
48	55		for each abortion complication:
49	56		(1) the date of the abortion that caused or may have
50	57		caused the complication;
51	58		(2) the type of abortion that caused or may have caused
52	59		the complication;
53	60		(3) the probable post-fertilization age of the unborn
54	61		child when the abortion was performed;
55	62		(4) the name and type of the facility in which the
56	63		abortion was performed;
57	64		(5) the date the complication was diagnosed or
58	65		treated;
59	66		(6) the name and type of any facility other than the
60	67		reporting facility in which the complication was diagnosed or
61	68		treated;
62	69		(7) a description of the complication;
63	70		(8) the number of previous live births of the patient;
64	71		and
65	72		(9) the number of previous induced abortions of the
66	73		patient.
67	74		(g) Except as provided by Section 245.023, all information
68	75		and records held by the department under this section are
69	76		confidential and are not open records for the purposes of Chapter
70	77		552, Government Code. That information may not be released or made
71	78		public on subpoena or otherwise, except that release may be made:
72	79		(1) for statistical purposes, but only if a person,
73	80		patient, or facility is not identified;
74	81		(2) with the consent of each person, patient, and
75	82		facility identified in the information released;
76	83		(3) to medical personnel, appropriate state agencies,
77	84		or county and district courts to enforce this chapter; or
78	85		(4) to appropriate state licensing boards to enforce
79	86		state licensing laws.
80	87		(h) A report submitted under this section must meet the
81	88		federal reporting requirements that mandate the most specific,
82	89		accurate, and complete coding and reporting for the highest level
83	90		of specificity.
84	91		(i) The department shall develop and publish on the
85	92		department's Internet website an annual report that aggregates on a
86	93		statewide basis each abortion complication required to be reported
87	94		under Subsection (f) for the previous calendar year.
88	95		(j) A facility that violates this section is subject to a
89	96		civil penalty of $500 for each violation. The attorney general, at
90	97		the request of the department, may file an action to recover a civil
91	98		penalty assessed under this subsection and may recover attorney's
92	99		fees and costs incurred in bringing the action.
93	100		(k) The third separate violation of this section
94	101		constitutes cause for the revocation or suspension of a facility's
95	102		license, permit, registration, certificate, or other authority or
96	103		for other disciplinary action against the facility by the
97	104		department.
98	105		SECTION 2. Not later than January 1, 2018:
99	106		(1) the Department of State Health Services shall:
100	107		(A) develop the reporting forms required by
101	108		Section 171.006, Health and Safety Code, as added by this Act; and
102	109		(B) if duplicate reporting requirements exist
103	110		under state law, consolidate the reported information into a single
104	111		form; and
105	112		(2) the executive commissioner of the Health and Human
106	113		Services Commission shall adopt the rules necessary to implement
107	114		Section 171.006, Health and Safety Code, as added by this Act.
108	115		SECTION 3. This Act takes effect September 1, 2017.
	116	+	* * * * *