(a) The purpose of this section is to implement the
monthly abortion reporting requirements under Health and Safety Code
(HSC) §245.011 for physicians who perform or induce one or more
abortions during the preceding calendar month. A report must be submitted
for each abortion performed or induced.
(b) The report may not identify by any means the patient.
(c) The report must include:
(1) whether the abortion facility at which the abortion
is performed is licensed under this chapter;
(2) the patient's year of birth, race, marital status,
and state and county of residence;
(3) the type of abortion procedure;
(4) the date the abortion was performed;
(5) whether the patient survived the abortion, and
if the patient did not survive, the cause of death;
(6) the probable post-fertilization age of the unborn
child based on the best medical judgment of the attending physician
at the time of the procedure;
(7) the date, if known, of the patient's last menstrual
cycle;
(8) the number of previous live births of the patient;
(9) the number of previous induced abortions of the
patient;
(10) whether the patient viewed the printed material
provided under Health and Safety Code Chapter 171;
(11) whether the sonogram image, verbal explanation
of the image, and the audio of the heart sounds were made available
to the patient;
(12) whether the patient completed the "Abortion and
Sonogram" election form;
(13) the method used to dispose of embryonic and fetal
tissue remains;
(14) if the patient is younger than 18 years of age,
as documented in the patient's medical record, whether authorization
for the abortion was obtained by:
(A) written consent of the patient's parent, managing
conservator, or legal guardian under Occupations Code §164.052(a)(19)
and whether the consent was given:
(i) in person at the location where the abortion was
performed; or
(ii) at a place other than the location where the abortion
was performed;
(B) judicial authorization under Family Code §33.003
or §33.004 and:
(i) if applicable, the process the physician or physician's
agent used to inform the patient of the availability of petitioning
for judicial authorization as an alternative to the written consent
required by Occupations Code §164.052(a)(19);
(ii) whether the court forms were provided to the patient
by the physician or the physician's agent;
(iii) whether the physician or the physician's agent
made arrangements for the patient's court appearance; and
(iv) if known, whether the patient became pregnant
while in foster care or in the managing conservatorship of the Department
of Family and Protective Services;
(C) consent of the patient because the patient had
the disabilities of minority removed; or
(D) the physician's conclusion, documented in the patient's
medical record, that on the basis of the physician's good-faith clinical
judgment:
(i) a condition existed that complicated the medical
condition of the patient and necessitated the immediate abortion to
avert the patient's death or to avoid a serious risk of substantial
impairment of a major bodily function; and
(ii) there was insufficient time to obtain the consent
of the patient's parent, managing conservator, or legal guardian;
(15) the method of pregnancy verification;
(16) the type of anesthesia, if any, used in the procedure:
intravenous sedation or general anesthesia;
(17) whether the abortion was performed or induced
because of a medical emergency and any medical condition of the pregnant
woman that required the abortion;
(18) if the abortion was performed or induced because
of a medical emergency:
(A) certification that the abortion was necessary due
to a medical emergency; and
(B) the woman's medical condition requiring the abortion;
(19) if the abortion was performed or induced to preserve
the health of the pregnant woman:
(A) the medical condition the abortion was asserted
to address; and
(B) the medical rationale for the physician's conclusion
that the abortion was necessary to address the medical condition;
and
(20) for an abortion other than an abortion described
by subparagraph (19) of this subsection, that maternal health was
not a purpose of the abortion.
(d) Except as provided by HSC §245.023, all information
and records held by HHSC under this chapter are confidential and are
not open records for the purposes of Government Code Chapter 552.
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 performing or inducing an abortion, the county
in which a minor obtained judicial authorization for an abortion under
Family Code Chapter 33, or abortion facility is not identified;
(2) with the consent of each person, patient, physician,
and abortion facility identified in the information released;
(3) to medical personnel, appropriate state agencies,
or county and district courts to enforce this chapter;
(4) to appropriate state licensing boards to enforce
state licensing laws; or
(5) to licensed medical or health care personnel currently
treating the patient.
(e) The reporting period for each physician is the
preceding calendar month in which the physician performed or induced
one or more abortions. Each physician who performs or induces one
or more abortions shall submit the abortion report(s) to HHSC no later
than the 15th day of the subsequent month.
(f) The abortion reports shall be submitted via the
secure electronic reporting system established and maintained by HHSC.
(g) Not later than the seventh day after the date the
report required by this section is due, HHSC shall notify the Texas
Medical Board of a violation of this section.
(h) HHSC shall publish on its Internet website a monthly
report containing aggregate data of the information in the reports
submitted under this section. HHSC's monthly report may not identify
by any means an abortion facility, a physician performing or inducing
an abortion, the county in which a minor obtained judicial authorization
for an abortion under Family Code Chapter 33, or a patient.
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Source Note: The provisions of this §139.4 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective December 31, 2012, 37 TexReg 9938; amended to be effective January 1, 2014, 38 TexReg 9577; amended to be effective May 31, 2018, 43 TexReg 3361; amended to be effective November 24, 2022, 47 TexReg 7696 |