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