80R16953 MSE-F
	By: Shapiro, et al.	S.B. No. 785
	Substitute the following for S.B. No. 785:
	By:  Swinford	C.S.S.B. No. 785

	A BILL TO BE ENTITLED
	AN ACT
	relating to information related to the performance of an abortion;
	creating an offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act may be cited as the Abortion Reporting
	Requirement Act.
	SECTION 2.  Subchapter A, Chapter 171, Health and Safety
	Code, is amended by adding Section 171.006 to read as follows:
	Sec. 171.006.  REFERRAL TO DOMESTIC VIOLENCE ASSISTANCE.
	The department shall require that each person that performs or
	induces an abortion:
	(1)  maintain a list of domestic violence shelters and
	assistance programs; and
	(2)  provide a referral to a domestic violence shelter
	or assistance program if the woman communicates to the facility
	performing or inducing the abortion that the woman is being abused
	or is being forced into having the abortion.
	SECTION 3.  Chapter 171, Health and Safety Code, is amended
	by adding Subchapter C to read as follows:
	SUBCHAPTER C.  ABORTION REPORTING
	Sec. 171.051.  ABORTION REPORTING FORM.  (a)  A physician who
	performs or induces an abortion must submit a report to the
	department on each abortion the physician performs or induces. The
	report must be submitted on a form provided by the department and a
	copy of this section must be attached to the form.
	(b)  The report may not identify the name of the patient by
	any means.
	(c)  The abortion reporting form for each abortion must
	include:
	(1)  the name of the abortion facility at which the
	abortion was performed or induced, the municipality and county in
	which the facility is located, and whether the facility is licensed
	as an abortion facility under Chapter 245, is operating as the
	private office of a licensed physician, or is a licensed hospital,
	hospital satellite clinic, or ambulatory surgical center;
	(2)  the signature and license number of the physician
	who performed or induced the abortion;
	(3)  the patient's age, race, marital status, and
	municipality, county, state, and nation of residence;
	(4)  the age of the father of the unborn child at the
	time of the abortion;
	(5)  the type of abortion procedure;
	(6)  the date the abortion was performed or induced;
	(7)  a space for the patient to optionally indicate the
	specific reason the abortion was performed or induced, including:
	(A)  the mother is unprepared for the
	responsibility of motherhood;
	(B)  the mother has all the children she wants;
	(C)  the mother cannot afford the child;
	(D)  the mother does not desire the child;
	(E)  the baby has health problems;
	(F)  the father of the child opposes the
	pregnancy;
	(G)  a parent of the mother of the unborn child
	opposes the pregnancy;
	(H)  the mother fears a loss of family support;
	(I)  the mother fears losing her job;
	(J)  a clinic counselor recommends abortion;
	(K)  the mother feels forced to have the abortion;
	(L)  the pregnancy was a result of rape; or
	(M)  the pregnancy was a result of incest;
	(8)  whether the patient survived the abortion, and if
	the patient did not survive, the cause of death;
	(9)  the number of weeks of gestation based on the best
	medical judgment of the attending physician at the time of the
	procedure and the weight of the fetus, if determinable;
	(10)  the method of pregnancy verification;
	(11)  the number of previous live births of the
	patient;
	(12)  the number of previous induced abortions of the
	patient;
	(13)  the number of previous miscarriages or
	spontaneous abortions of the patient;
	(14)  whether the abortion was paid for by:
	(A)  private insurance;
	(B)  a public health plan; or
	(C)  personal payment by patient;
	(15)  whether there was no insurance coverage or
	insurance coverage was provided by:
	(A)  a fee-for-service insurance company;
	(B)  a managed care company; or
	(C)  another source;
	(16)  the fee collected for performing or inducing the
	abortion;
	(17)  the source of referral for the abortion;
	(18)  the type of anesthetic, if any, used for each
	abortion performed;
	(19)  the method used to dispose of the fetal tissue and
	remains;
	(20)  complications, if any, for each abortion and for
	the aftermath of each abortion, with space for description of
	complications available on the form; and
	(21)  whether or not the woman availed herself of the
	opportunity to view the printed information required by Subchapter
	B, and, if so, whether the woman viewed the information described in
	Section 171.014, through the Internet or by booklet.
	(d)  If the mother of the unborn child is a minor, the report
	on each abortion must include:
	(1)  whether the minor's parent, managing conservator,
	or guardian provided the written consent required by Section
	164.052(a)(19), Occupations Code, and, if so, whether the consent
	was given:
	(A)  in person at the time of the abortion;  or
	(B)  at a place other than the location at which
	the abortion is performed or induced;
	(2)  whether the physician concluded that on the basis
	of the physician's good faith clinical judgment a condition existed
	that complicated the medical condition of the pregnant minor and
	necessitated the immediate abortion of her pregnancy to avert her
	death or to avoid a serious risk of substantial impairment of a
	major bodily function and that there was insufficient time to
	obtain the consent of the minor's parent, managing conservator, or
	legal guardian;
	(3)  whether the minor was emancipated and permitted to
	have the abortion without the written consent required by Section
	164.052(a)(19), Occupations Code;
	(4)  whether judicial authorization was received,
	waiving the written consent required by Section 164.052(a)(19),
	Occupations Code; and
	(5)  if judicial authorization was received, the
	process the physician or the physician's agent used to inform the
	female of the judicial bypass, whether court forms were provided to
	her, and what entity made the court arrangement for the minor.
	(e)  The patient must fill out sections of the form
	applicable to the patient's personal information.  Sections to be
	filled out by the patient must be at the top of the form.  The bottom
	portion of the reporting form must be completed by the physician
	performing or inducing the abortion. The requirement that the
	patient fill out the top portion of the form may be waived only if
	the abortion is performed or induced to prevent the death of the
	mother or to avoid harm to a mother described by Section
	164.052(a)(18), Occupations Code, or harm to a mother who is a minor
	described by Section 164.052(a)(19), Occupations Code.
	(f)  If the patient indicates that the patient may be being
	forced to have an abortion in the space provided under Subsection
	(c)(7), the physician must make all reasonable efforts to ensure
	that the woman is not being forced to have the abortion, including
	reporting abuse or neglect under Chapter 261, Family Code, if
	applicable.
	(g)  A copy of the abortion reporting form must be maintained
	in the patient's medical file for not less than seven years. The
	patient must be given a copy of the completed abortion reporting
	form in person after the physician and patient complete the form.
	Sec. 171.0511.  FORM OF REPORT.  The abortion reporting form
	must be in the following form:
	"THE PRINTED VERSION OF THIS PAGE CONTAINS A COPY OF THE ABORTION
	REPORT.  THE CONTENTS OF THIS PAGE CANNOT BE VIEWED ONLINE DUE TO
	WORD PROCESSOR LIMITATIONS WITH GRAPHIC FILES.  PLEASE CONTACT
	HOUSE DOCUMENT DISTRIBUTION FOR A HARD COPY."
	Sec. 171.052.  ABORTION COMPLICATION REPORT. (a) The
	department shall prepare an abortion complication report form for
	all physicians licensed and practicing in this state. A copy of
	this section must be attached to the form. The department shall
	create an Internet website at which the report may be filed
	electronically.
	(b)  A physician practicing in the state who treats an
	illness or injury related to complications from an abortion shall
	complete and submit an abortion complication report to the
	department. The report may be submitted by mail or electronically
	filed on an Internet website created by the department. The report
	must include:
	(1)  the date and type of the original abortion;
	(2)  the name and type of facility where the abortion
	complication was diagnosed and treated;
	(3)  the name and type of the facility where the
	abortion was performed, if known;
	(4)  the license number and signature of the physician
	who treated the abortion complication;
	(5)  the date on which the abortion complication was
	diagnosed and treated;
	(6)  a description of the abortion complication;
	(7)  the patient's age, race, marital status, and
	municipality, county, state, and nation of residence;
	(8)  the week of gestation at which the abortion was
	performed or induced based on the best medical judgment of the
	attending physician at the time of treatment for the abortion
	complication;
	(9)  the number of previous live births by the patient;
	(10)  the number of previous induced abortions for the
	patient;
	(11)  the number of previous miscarriages or
	spontaneous abortions by the patient;
	(12)  whether treatment for the abortion complication
	was paid for by:
	(A)  private insurance;
	(B)  a public health plan; or
	(C)  personal payment by the patient;
	(13)  the fee collected for treatment for the abortion
	complication;
	(14)  whether there was no insurance coverage or
	insurance coverage was provided by:
	(A)  a fee-for-service insurance company;
	(B)  a managed care company; or
	(C)  another provider; and
	(15)  the type of follow-up care recommended.
	(c)  The Texas Medical Board shall ensure that abortion
	complication report forms required by this section, together with a
	copy of this section, are provided:
	(1)  to a physician who becomes newly licensed to
	practice in this state, at the same time as official notification to
	that physician that the physician is licensed; and
	(2)  not later than December 1 of each year to all
	physicians licensed to practice in this state.
	(d)  A copy of the abortion complication reporting form must
	be maintained in the patient's medical file for not less than seven
	years. The patient must receive a copy of the completed form in
	person before the person leaves the facility.
	Sec. 171.0521.  FORM OF COMPLICATION REPORT.  The abortion
	complication report must be in the following form:
	"THE PRINTED VERSION OF THIS PAGE CONTAINS A COPY OF THE ABORTION
	COMPLICATION REPORT.  THE CONTENTS OF THIS PAGE CANNOT BE VIEWED
	ONLINE DUE TO WORD PROCESSOR LIMITATIONS WITH GRAPHIC FILES.
	PLEASE CONTACT HOUSE DOCUMENT DISTRIBUTION FOR A HARD COPY."
	Sec. 171.053.  REPORTING REQUIREMENTS. (a) A physician
	performing or inducing an abortion must complete and submit an
	abortion reporting form to the department for each abortion as
	required by Section 171.051 not later than the 15th day of each
	month for abortions performed or induced in the previous calendar
	month.
	(b)  A physician required to submit an abortion complication
	report to the department by Section 171.052 must submit the report
	as soon as practicable after treatment of the abortion
	complication, but in no case more than seven days after the
	treatment.
	(c)  Not later than April 1 of each year, the department
	shall issue in aggregate a public report summarizing the
	information submitted on each individual report required by
	Sections 171.051 and 171.052. The public report shall cover the
	entire previous calendar year and shall be compiled from the data in
	all the abortion reporting forms and the abortion complication
	reports submitted to the department in accordance with Sections
	171.051 and 171.052. Each public report shall also provide
	information for all previous calendar years, adjusted to reflect
	any additional information from late or corrected reports. The
	department shall ensure that none of the information included in
	the public reports could reasonably lead to identification of any
	physician who performed or induced an abortion or treated
	abortion-related complications or of any woman who has had an
	abortion.
	(d)  Except as provided by Subsection (c) and Section
	245.023, all information and records held by the department under
	this subchapter are confidential and are not open records for the
	purposes of Chapter 552, Government Code. That information may not
	be released or made public on subpoena or otherwise, except that
	release may be made:
	(1)  for statistical purposes, but only if a person,
	patient, physician, or facility is not identified;
	(2)  with the consent of each person, patient,
	physician, and facility identified in the information released;
	(3)  to medical personnel, appropriate state agencies,
	or county and district courts to enforce this chapter or Chapter
	245; or
	(4)  to appropriate state licensing boards to enforce
	state licensing laws.
	(e)  The department or an employee of the department may not
	disclose to a person or entity outside of the department the reports
	or contents of the reports required by this section and Sections
	171.051 and 171.052 in a manner or fashion that permits the person
	or entity to whom the report is disclosed to identify in any way the
	person who is the subject of the report.
	(f)  The department may alter the reporting dates
	established by this section for administrative convenience or
	fiscal savings or another valid reason provided that physicians
	performing or inducing abortions submit the forms monthly and the
	department issues its report once a year.
	Sec. 171.054.  MODIFICATION OF FORM CONTENTS.  The
	department may alter the information required to be reported by
	this subchapter only in order to update or to clarify the
	requirements of those sections. The department may not omit
	information required by this subchapter from forms or reports.
	Sec. 171.055.  PENALTIES.  (a)  A physician who does not
	submit a report required by Section 171.051 or 171.052 within 30
	days of the date the report was due is subject to a late fee of $500
	for each additional 30-day period or portion of a 30-day period the
	report is overdue.
	(b)  A physician required to file a report by Section 171.051
	or 171.052 who has not submitted a complete report before the first
	anniversary of the date the report was due is subject to a late fee
	under Subsection (a) and, in an action brought by the department,
	may be directed by a court to submit a complete report within a
	period stated by court order or be subject to sanctions for civil
	contempt.
	(c)  If the department fails to issue the public report
	required by Section 171.053 or fails in any way to enforce this
	subchapter, any group of 10 or more citizens of this state may
	petition a court for an injunction against the executive
	commissioner of the Health and Human Services Commission requiring
	that a complete public report be issued within a period stated by
	court order or that enforcement action be taken. Failure to comply
	with the injunction subjects the executive commissioner to
	sanctions for civil contempt.
	Sec. 171.056.  OFFENSE.  (a)  A person commits an offense if
	a person:
	(1)  fails to submit a form or report required by this
	subchapter;
	(2)  intentionally, knowingly, or recklessly submits
	false information on a form or report required by this subchapter;
	(3)  includes the name or identifying information of
	the woman who had the abortion in a form or report required by this
	subchapter; or
	(4)  includes the name or identifying information of a
	physician in a public report required by Section 171.053(c).
	(b)  A person who discloses confidential identifying
	information in violation of Section 171.053(e) commits an offense.
	(c)  A physician commits an offense if the physician performs
	or induces an abortion without making a reasonable effort to ensure
	that the abortion is not the result of coercion, as defined by
	Section 1.07, Penal Code.
	(d)  An offense under this section is a Class A misdemeanor.
	SECTION 4.  Section 245.001, Health and Safety Code, is
	amended to read as follows:
	Sec. 245.001.  SHORT TITLE.  This chapter may be cited as the
	Texas Abortion Facility [Reporting and] Licensing Act.
	SECTION 5.  Section 245.005(e), Health and Safety Code, is
	amended to read as follows:
	(e)  As a condition for renewal of a license, the licensee
	must submit to the department the annual license renewal fee and an
	annual report[, including the report required under Section
	245.011].
	SECTION 6.  Section 248.003, Health and Safety Code, is
	amended to read as follows:
	Sec. 248.003.  EXEMPTIONS.  This chapter does not apply to:
	(1)  a home and community support services agency
	required to be licensed under Chapter 142;
	(2)  a person required to be licensed under Chapter 241
	(Texas Hospital Licensing Law);
	(3)  an institution required to be licensed under
	Chapter 242;
	(4)  an ambulatory surgical center required to be
	licensed under Chapter 243 (Texas Ambulatory Surgical Center
	Licensing Act);
	(5)  a birthing center required to be licensed under
	Chapter 244 (Texas Birthing Center Licensing Act);
	(6)  a facility required to be licensed under Chapter
	245 (Texas Abortion Facility [Reporting and] Licensing Act);
	(7)  a child care institution, foster group home,
	foster family home, and child-placing agency, for children in
	foster care or other residential care who are under the
	conservatorship of the Department of Protective and Regulatory
	Services; or
	(8)  a person providing medical or nursing care or
	services under a license or permit issued under other state law.
	SECTION 7.  Chapter 33, Family Code, is amended by adding
	Section 33.012 to read as follows:
	Sec. 33.012.  JUDICIAL BYPASS REPORTING. (a) The supreme
	court shall adopt rules governing the collection of statistical
	information relating to applications and appeals granted under
	Sections 33.003(h) and 33.004(b).  Information collected under this
	section must include the total number of petitions or motions filed
	under those sections, and of that number:
	(1)  the number of judicial bypass cases in which the
	court appointed a guardian ad litem;
	(2)  the number of judicial bypass cases in which the
	court appointed counsel;
	(3)  whether or not the court-appointed guardian ad
	litem and counsel were the same person;
	(4)  the number of judicial bypass cases in which the
	judge issued an order authorizing an abortion;
	(5)  the number of judicial bypass cases in which the
	judge denied an order authorizing an abortion; and
	(6)  the number of denials described by Subdivision (5)
	for which an appeal was filed, the number of those appeals that
	resulted in the denials being affirmed, and the number of those
	appeals that resulted in reversals of the denials.
	(b)  The information collected under this section shall be
	made available to the public in aggregate form by county.
	(c)  Any entity held responsible for the collection and
	compilation of information collected under this section shall
	ensure that none of the information included in the public reports
	could reasonably lead to the identification of the minor.
	SECTION 8.  Section 245.011, Health and Safety Code, is
	repealed.
	SECTION 9.  (a)  Not later than December 1, 2007:
	(1)  the Supreme Court of Texas shall adopt rules as
	required by Section 33.012, Family Code, as added by this Act; and
	(2)  the Department of State Health Services shall
	provide for distribution of the forms required by Subchapter C,
	Chapter 171, Health and Safety Code, as added by this Act, along
	with instructions for completing the forms.
	(b)  Not later than January 1, 2008, the Texas Medical Board
	shall distribute forms as required by Section 171.052(c), Health
	and Safety Code, as added by this Act.
	(c)  A physician is not required to submit a report under
	Section 171.051, Health and Safety Code, as added by this Act,
	before January 1, 2008.
	(d)  A physician is not required to submit a report under
	Section 171.052, Health and Safety Code, as added by this Act,
	before March 1, 2008.
	(e)  The changes in law made by this Act apply only to an
	offense committed on or after January 1, 2008. For purposes of this
	section, an offense is committed before January 1, 2008, if any
	element of the offense occurs before that date. An offense
	committed before January 1, 2008, is covered by the law in effect
	when the offense was committed, and the former law is continued in
	effect for that purpose.
	SECTION 10.  (a)  Except as provided by Subsection (b) or
	(c) of this section, this Act takes effect September 1, 2007.
	(b)  Section 171.056, Health and Safety Code, as added by
	this Act, takes effect March 1, 2008.
	(c)  Sections 5 and 8 of this Act take effect January 1, 2008.