Texas Bill Regarding Physician’s Reporting Requirements (HB 215)

HB 215 would require physicians to report additional information after the performance of an abortion.

Fetal Abnormality Reporting Requirement

If a physician performs an abortion in the third trimester due to the existence of a severe and irreversible fetal abnormality, the bill would require the physician to certify in writing the fetal abnormality identified by the physician.

Reporting Requirements for Minors

For each abortion performed on a patient younger than 18 years of age, the physician would be required to document in the patient’s medical record and report to the commission the following information:

1. the method for obtaining authorization of the abortion:
   • a parent, guardian, or conservator provided written consent;
   • the patient obtained judicial authorization;
   • the patient consented to the abortion if the patient has had the disabilities of minority removed and is authorized to have the abortion without written consent; or
   • the physician concluded and documented:
     • the abortion was necessary to avert the patient’s death or to avoid a serious risk of substantial impairment of a major bodily function; and
     • there was insufficient time to obtain parental consent;
2. in the case of parental consent, whether the consent was given:
   • in person at the location where the abortion was performed; or
   • at a place other than where the abortion was performed; and
3. if the patient obtained judicial authorization:
   • how the patient was informed of the availability to obtain such authorization;
   • whether the court forms were provided by the physician or the physician’s agent;
   • whether the physician or physician’s agent made arrangements for the patient’s court appearance; and
   • if known, whether the patient became pregnant in foster care or in the managing conservatorship of the Department of Family and Protective Services.

All information and records held by the commission would be confidential and not open to public records.

Related Legislation

Companion bill to SB 73.

Similar to SB 87.

STATUS

Passed the house on August 4, 2017, by a 97-46 vote.

Passed the senate on August 15, 2017, by a 25-6 vote.

Signed by Gov. Greg Abbott (R) on August 16, 2017.

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