In addition to the reporting required by §139.4 of this
subchapter (relating to Monthly Reporting Requirements for All Abortions
Performed or Induced), physicians and health care facilities subject
to this chapter shall comply with this section when performing or
inducing third trimester abortions, when performing or inducing emergency
abortions, and when diagnosing or treating abortion complications.
(1) Reporting requirements for third trimester abortions.
(A) The purpose of this paragraph is to establish procedures
for reporting third trimester abortions as required by the Medical
Practice Act, Occupations Code Chapters 151 - 160 and 162 - 165.
(B) A physician who performs or induces a third trimester
abortion of a viable fetus with a biparietal diameter of 60 millimeters
or greater shall certify in writing to the Texas Health and Human
Services Commission (HHSC) the medical indications supporting the
physician's judgment that the abortion is either necessary to prevent
the death or a substantial risk of serious impairment to the physical
or mental health of the woman, or the fetus has a severe and irreversible
abnormality, as identified through reliable diagnostic procedures.
(C) The certification shall be made on a form approved
by HHSC.
(D) The certification form and any supporting documents
shall be submitted via the secure electronic reporting system established
and maintained by HHSC.
(E) HHSC shall retain the certification form and supporting
documents as a cross-reference to the annual reporting requirements
of the Act and this section. The certification form and supporting
documents retained by HHSC are confidential. Any release of the documents
shall be in accordance with the provisions of the Medical Practice
Act, Occupations Code Chapters 151 - 160 and 162 - 165.
(F) A physician performing or inducing abortions at
a licensed abortion facility who fails to submit the certification
form required under this paragraph may subject the licensed facility
to denial, suspension, probation, or revocation of the license in
accordance with §139.32 of this chapter (relating to License
Denial, Suspension, Probation, or Revocation).
(2) Reporting requirements for emergency abortions.
(A) The purpose of this paragraph is to establish procedures
for reporting emergency abortions performed or induced as required
by Family Code §33.002(a)(3) (relating to Parental Notice), Health
and Safety Code §171.0124 (relating to Exception for Medical
Emergency), and Health and Safety Code §285.202 (relating to
Use of Tax Revenue for Abortions; Exception for Medical Emergency).
(B) A physician who performs or induces an emergency
abortion under one of the three circumstances described in subparagraph
(A) of this paragraph shall certify in writing to HHSC that a medical
emergency exists.
(C) The certification shall be made on a form approved
by HHSC.
(D) The certification form shall be submitted via the
secure electronic reporting system established and maintained by HHSC.
(E) A physician performing or inducing abortions at
a licensed abortion facility who fails to submit the certification
form required by this paragraph may subject the licensed facility
to denial, suspension, probation, or revocation of the license in
accordance with §139.32 of this chapter.
(3) Reporting requirements for abortion complications.
(A) Within three business days after the date the complication
is diagnosed or treated, a physician shall submit to HHSC an abortion
complication report.
(B) Within 30 calendar days after the date the complication
is diagnosed or treated, a hospital, abortion facility, freestanding
emergency medical care facility, or health care facility that provides
emergency medical care as defined by Health and Safety Code §773.003
shall submit to HHSC an abortion complication report.
(C) The certification form shall be submitted via the
secure electronic reporting system established and maintained by HHSC.
(D) A report submitted under this paragraph may not
identify the physician who performed or induced the abortion, other
than the reporting physician, or the patient.
(E) The report must identify the name of the physician
submitting the report or the name and type of health care facility
submitting the report, must include the most specific, accurate, and
complete reporting for the highest level of specificity, and must
include, if known:
(i) the date of the abortion that caused or may have
caused the complication;
(ii) the type of abortion that caused or may have caused
the complication;
(iii) the name and type of facility where the abortion
was performed;
(iv) the name, date, and type of facility where the
complication was diagnosed and treated;
(v) description of complications;
(vi) the number of weeks of gestation at which the
abortion was performed;
(vii) the number of previous live births of the patient;
(viii) the number of previous induced abortions of
the patient;
(ix) the type of anesthesia, if any, used in the procedure:
intravenous sedation or general anesthesia;
(x) the patient's year of birth, race, marital status,
and state and county of residence; and
(xi) the date of the first day of the patient's last
menstrual period that occurred before the date of the abortion that
caused or may have caused the complication.
(F) HHSC shall notify the Texas Medical Board of a
violation of this paragraph by a physician.
(G) HHSC shall publish on its Internet website an annual
report containing aggregate data of the information in the reports
submitted under this paragraph for the previous calendar year. The
annual report may not include any duplicative data and may not identify
by any means an abortion facility, a physician, or a patient.
(H) The third separate violation of this paragraph
by a facility required to report under subparagraph (B) of this paragraph
constitutes cause for the revocation or suspension of the facility's
license, permit, registration, certificate, or other authority or
for other disciplinary action against the facility.
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Source Note: The provisions of this §139.5 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective December 31, 2012, 37 TexReg 9938; amended to be effective May 31, 2018, 43 TexReg 3361; amended to be effective November 24, 2022, 47 TexReg 7696 |