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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 139ABORTION FACILITY REPORTING AND LICENSING
SUBCHAPTER AGENERAL PROVISIONS
RULE §139.4Annual Reporting Requirements for All Abortions Performed
Historical Texas Register

(a) The purpose of this section is to implement the abortion reporting requirements of the Texas Abortion Facility Reporting and Licensing Act (Act), Health and Safety Code, §245.011, which mandates that each abortion facility shall submit an annual report to the Department of State Health Services on each abortion performed at the abortion facility. This section applies to any place where abortions are performed, and therefore applies to licensed, unlicensed, and exempt facilities (including physicians).

(b) Abortion facilities shall submit an abortion report on each abortion that was performed at the facility on at least an annual basis. The facility may choose to submit the abortion reports on a monthly or quarterly basis for greater efficiency.

(c) The reporting period for each abortion facility is January 1 - December 31 of each year. Each facility shall submit the abortion report(s) to the department no later than January 31 of the subsequent year.

(d) The abortion reports shall be submitted:

  (1) on forms approved by the department, by certified mail marked as confidential, to the Department of State Health Services, Vital Statistics Unit, Post Office Box 4124, Austin, Texas 78765-4124;

  (2) on a floppy disk in a format approved by the department, by certified mail marked as confidential, to the Department of State Health Services, Vital Statistics Unit, Post Office Box 4124, Texas 78765-4124; or

  (3) via a modem in a format approved by the department.

(e) The first annual reporting period for a licensed abortion facility commences on the day the initial license is issued. The report(s) shall contain data for the calendar year in which the initial license is issued. If the abortion facility's licensure status changes, the report(s) shall contain data from the date the initial license was issued through the date the initial license expired, was revoked, was suspended, or was withdrawn.

(f) If a change of ownership has occurred, the previous owner shall submit the report(s) commencing from the date of the previous reporting period and ending on the date the change in ownership of the facility occurred; the report(s) is due 30 days after the date of acquisition. The annual reporting period for the newly acquired facility commences on the day the initial license is issued and shall contain data for the calendar year in which the initial license is issued. If the newly acquired facility's licensure status changes, the report(s) shall contain data from the date the initial license was issued through the date the initial license expired, was revoked, was suspended, or was withdrawn.


Source Note: The provisions of this §139.4 adopted to be effective June 28, 2009, 34 TexReg 4125

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