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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 4. HEALTH FACILITIES |
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Subtitle B. LICENSING OF HEALTH FACILITIES |
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Chapter 245. ABORTION FACILITIES |
Sec. 245.011. REPORTING REQUIREMENTS; CRIMINAL PENALTY
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(a) Each abortion facility must submit an annual report to the department on each abortion that is performed at the abortion facility. The report must be submitted on a form provided by the department.
(b) The report may not identify by any means the physician performing the abortion or 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 period of gestation 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; and
(9) the number of previous induced abortions of the patient.
(d) Except as provided by Section 245.023, all information and records held by the department under this chapter 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, or abortion facility is not identified;
(2) with the consent of each person, patient, and abortion facility identified in the information released;
(3) to medical personnel, appropriate state agencies, or county and district courts to enforce this chapter; or
(4) to appropriate state licensing boards to enforce state licensing laws.
(e) A person commits an offense if the person violates this section. An offense under this subsection is a Class A misdemeanor.