Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB10 Compare Versions

Version 1 (Old)

Version 2 (New)

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