Texas Register

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
ISSUE 12/21/2012
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)The purpose of this section is to implement the annual abortion reporting requirements for each location where abortions are performed, which includes licensed, unlicensed, and exempt facilities, including physicians offices.

(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;

  (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)method used to dispose of fetal tissue and remains;

  (14)if patient is younger than 18, was consent obtained;

  (15)the method of pregnancy verification; and

  (16)the type of anesthesia, if any, used in the procedure: intravenous sedation or general anesthesia.

(d)Except as provided by Health and Safety Code, §245.023, all information and records held by the department 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, 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)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.

(f)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.

(g)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.

(h)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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 7, 2012

TRD-201206297

Lisa Hernandez

General Counsel

Department of State Health Services

Effective date: December 31, 2012

Proposal publication date: August 10, 2012

For further information, please call: (512) 776-6972



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