Texas 2017 - 85th 1st C.S.

Texas House Bill HB13 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 13
	1	+	By: Capriglione, et al. (Senate Sponsor - Campbell) H.B. No. 13
	2	+	(In the Senate - Received from the House July 31, 2017;
	3	+	August 1, 2017, read first time and referred to Committee on Health &
	4	+	Human Services; August 10, 2017, reported favorably by the
	5	+	following vote: Yeas 5, Nays 1; August 10, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to reporting requirements by certain physicians and health
6	12		care facilities for abortion complications; authorizing a civil
7	13		penalty.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subchapter A, Chapter 171, Health and Safety
10	16		Code, is amended by adding Section 171.006 to read as follows:
11	17		Sec. 171.006. ABORTION COMPLICATION REPORTING
12	18		REQUIREMENTS; CIVIL PENALTY. (a) In this section "abortion
13	19		complication" means any harmful event or adverse outcome with
14	20		respect to a patient related to an abortion that is performed on the
15	21		patient and that is diagnosed or treated by a health care
16	22		practitioner or at a health care facility and includes:
17	23		(1) shock;
18	24		(2) uterine perforation;
19	25		(3) cervical laceration;
20	26		(4) hemorrhage;
21	27		(5) aspiration or allergic response;
22	28		(6) infection;
23	29		(7) sepsis;
24	30		(8) death of the patient;
25	31		(9) incomplete abortion;
26	32		(10) damage to the uterus; or
27	33		(11) an infant born alive after the abortion.
28	34		(b) The reporting requirements of this section apply only
29	35		to:
30	36		(1) a physician who:
31	37		(A) performs at an abortion facility an abortion
32	38		that results in an abortion complication diagnosed or treated by
33	39		that physician; or
34	40		(B) diagnoses or treats at an abortion facility
35	41		an abortion complication that is the result of an abortion
36	42		performed by another physician at the facility; or
37	43		(2) a health care facility that is a hospital,
38	44		abortion facility, freestanding emergency medical care facility,
39	45		or health care facility that provides emergency medical care, as
40	46		defined by Section 773.003.
41	47		(c) A physician described by Subsection (b)(1) shall
42	48		electronically submit to the commission in the form and manner
43	49		prescribed by commission rule a report on each abortion
44	50		complication diagnosed or treated by that physician not later than
45	51		the end of the third business day after the date on which the
46	52		complication is diagnosed or treated. Each health care facility
47	53		described by Subsection (b)(2) shall electronically submit to the
48	54		commission in the form and manner prescribed by commission rule a
49	55		report on each abortion complication diagnosed or treated at the
50	56		facility not later than the 30th day after the date on which the
51	57		complication is diagnosed or treatment is provided for the
52	58		complication.
53	59		(d) The commission shall develop a form for reporting an
54	60		abortion complication under Subsection (c) and publish the form on
55	61		the commission's Internet website. The executive commissioner by
56	62		rule may adopt procedures to reduce duplication in reporting under
57	63		this section.
58	64		(e) A report under this section may not identify by any
59	65		means the physician performing an abortion, other than a physician
60	66		described by Subsection (b)(1), or the patient on whom the abortion
61	67		was performed.
62	68		(f) A report under this section must identify the name of
63	69		the physician submitting the report or the name and type of health
64	70		care facility submitting the report and must include, if known, for
65	71		each abortion complication:
66	72		(1) the date of the abortion that caused or may have
67	73		caused the complication;
68	74		(2) the type of abortion that caused or may have caused
69	75		the complication;
70	76		(3) the gestational age of the fetus at the time the
71	77		abortion was performed;
72	78		(4) the name and type of the facility in which the
73	79		abortion was performed;
74	80		(5) the date the complication was diagnosed or
75	81		treated;
76	82		(6) the name and type of any facility other than the
77	83		reporting facility in which the complication was diagnosed or
78	84		treated;
79	85		(7) a description of the complication;
80	86		(8) the patient's year of birth, race, marital status,
81	87		and state and county of residence;
82	88		(9) the date of the first day of the patient's last
83	89		menstrual period that occurred before the date of the abortion that
84	90		caused or may have caused the complication;
85	91		(10) the number of previous live births of the
86	92		patient; and
87	93		(11) the number of previous induced abortions of the
88	94		patient.
89	95		(g) Except as provided by Section 245.023, all information
90	96		and records held by the commission under this section are
91	97		confidential and are not open records for the purposes of Chapter
92	98		552, Government Code. That information may not be released or made
93	99		public on subpoena or otherwise, except release may be made:
94	100		(1) for statistical purposes, but only if a person,
95	101		patient, or health care facility is not identified;
96	102		(2) with the consent of each person, patient, and
97	103		facility identified in the information released;
98	104		(3) to medical personnel, appropriate state agencies,
99	105		or county and district courts to enforce this chapter; or
100	106		(4) to appropriate state licensing boards to enforce
101	107		state licensing laws.
102	108		(h) A report submitted under this section must include the
103	109		most specific, accurate, and complete reporting for the highest
104	110		level of specificity.
105	111		(i) The commission shall develop and publish on the
106	112		commission's Internet website an annual report that aggregates on a
107	113		statewide basis each abortion complication required to be reported
108	114		under Subsection (f) for the previous calendar year. The annual
109	115		report may not include any duplicative data.
110	116		(j) A physician described by Subsection (b)(1) or health
111	117		care facility that violates this section is subject to a civil
112	118		penalty of $500 for each violation. The attorney general, at the
113	119		request of the commission or appropriate licensing agency, may file
114	120		an action to recover a civil penalty assessed under this subsection
115	121		and may recover attorney's fees and costs incurred in bringing the
116	122		action. Each day of a continuing violation constitutes a separate
117	123		ground for recovery.
118	124		(k) The third separate violation of this section
119	125		constitutes cause for the revocation or suspension of a physician's
120	126		or health care facility's license, permit, registration,
121	127		certificate, or other authority or for other disciplinary action
122	128		against the physician or facility by the appropriate licensing
123	129		agency.
124	130		(l) The commission shall notify the Texas Medical Board of
125	131		any violations of this section by a physician.
126	132		SECTION 2. Not later than January 1, 2018:
127	133		(1) the Health and Human Services Commission shall
128	134		develop the forms required by Section 171.006, Health and Safety
129	135		Code, as added by this Act; and
130	136		(2) the executive commissioner of the Health and Human
131	137		Services Commission shall adopt the rules necessary to implement
132	138		Section 171.006, Health and Safety Code, as added by this Act.
133	139		SECTION 3. The Health and Human Services Commission shall
134	140		establish an electronic reporting system for purposes of Section
135	141		171.006, Health and Safety Code, as added by this Act, as soon as
136	142		practicable after the effective date of this Act.
137	143		SECTION 4. This Act takes effect immediately if it receives
138	144		a vote of two-thirds of all the members elected to each house, as
139	145		provided by Section 39, Article III, Texas Constitution. If this
140	146		Act does not receive the vote necessary for immediate effect, this
141	147		Act takes effect on the 91st day after the last day of the
142	148		legislative session.
143		-	______________________________ ______________________________
144		-	President of the Senate Speaker of the House
145		-	I certify that H.B. No. 13 was passed by the House on July 28,
146		-	2017, by the following vote: Yeas 94, Nays 45, 1 present, not
147		-	voting.
148		-	______________________________
149		-	Chief Clerk of the House
150		-	I certify that H.B. No. 13 was passed by the Senate on August
151		-	11, 2017, by the following vote: Yeas 22, Nays 9.
152		-	______________________________
153		-	Secretary of the Senate
154		-	APPROVED: _____________________
155		-	Date
156		-	_____________________
157		-	Governor
	149	+	* * * * *