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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 139ABORTION FACILITY REPORTING AND LICENSING
SUBCHAPTER AGENERAL PROVISIONS
RULE §139.5Additional Reporting Requirements for Physicians
Historical Texas Register

In addition to the annual reporting required by §139.4 of this title (relating to Annual Reporting Requirements for All Abortions Performed), physicians shall comply with this section when performing third trimester abortions or when performing emergency abortions on certain minors.

  (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 a third trimester abortion of a viable fetus with a biparietal diameter of 60 millimeters or greater shall certify in writing to the Department of State Health Services (department) 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 the department.

    (D) The physician shall return by certified mail, marked as confidential, the certification form and may submit any supporting documents to the Department of State Health Services, Vital Statistics Unit, Post Office Box 4124, Austin, Texas 78765-4124, not later than the 30th day after the date the abortion was performed.

    (E) The department 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 the department 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 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 title (relating to License Denial, Suspension, Probation, or Revocation).

  (2) Reporting requirements for emergency abortions performed on unemancipated minors.

    (A) The purpose of this paragraph is to establish procedures for reporting emergency abortions performed on unemancipated minors, as authorized by Family Code, §33.002(a)(4)(B).

    (B) A physician who performs an emergency abortion on an unemancipated minor shall certify in writing to the department the medical indications supporting the physician's judgment that the abortion is necessary either to avert her death or to avoid a serious risk of substantial and irreversible impairment of a major bodily function, as identified through reliable diagnostic procedures.

    (C) The certification shall be made on a form approved by the department.

    (D) The physician shall return by certified mail, marked as confidential, the certification form to the Department of State Health Services, Vital Statistics Unit, Post Office Box 4124, Austin, Texas 78765-4124 not later than 30 days after the date the abortion was performed.

    (E) A physician performing 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 title.

    (F) If the physician provides parental notice as prescribed by Family Code, §33.002(a)(1), or if the minor has obtained judicial approval as authorized by Family Code, §33.002(a)(2) or §33.002(a)(3), the emergency certification form is not required.


Source Note: The provisions of this §139.5 adopted to be effective June 28, 2009, 34 TexReg 4125

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