Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter A - GENERAL PROVISIONS › Section 139.4 - Monthly Reporting Requirements for All Abortions Performed or Induced

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this section is to implement the monthly abortion reporting requirements under
				  Health and Safety Code (HSC) §245.011 for physicians who perform or induce
				  one or more abortions during the preceding calendar month. A report must be
				  submitted for each abortion performed or induced.
(b) The report may not identify by any means
				  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 probable
				  post-fertilization age of the unborn child 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) the method used to dispose of embryonic
				  and fetal tissue remains;
(14) if
				  the patient is younger than 18 years of age, as documented in the patient's
				  medical record, whether authorization for the abortion was obtained by:
(A) written consent of the patient's parent,
				  managing conservator, or legal guardian under Occupations Code §
												164.052(a)(19)
				  and whether the consent was given:
(i) in
				  person at the location where the abortion was performed; or
(ii) at a place other than the location where
				  the abortion was performed;
(B) judicial authorization under Family Code
				  §
												33.003 or
				  §
												33.004 and:
(i) if applicable, the process the physician
				  or physician's agent used to inform the patient of the availability of
				  petitioning for judicial authorization as an alternative to the written consent
				  required by Occupations Code §
													164.052(a)(19);
(ii) whether the court forms were provided to
				  the patient by the physician or the physician's agent;
(iii) whether the physician or the
				  physician's agent made arrangements for the patient's court appearance;
				  and
(iv) if known, whether the
				  patient became pregnant while in foster care or in the managing conservatorship
				  of the Department of Family and Protective Services;
(C) consent of the patient because the
				  patient had the disabilities of minority removed; or
(D) the physician's conclusion, documented in
				  the patient's medical record, that on the basis of the physician's good-faith
				  clinical judgment:
(i) a condition existed
				  that complicated the medical condition of the patient and necessitated the
				  immediate abortion to avert the patient's death or to avoid a serious risk of
				  substantial impairment of a major bodily function; and
(ii) there was insufficient time to obtain
				  the consent of the patient's parent, managing conservator, or legal
				  guardian;
(15)
				  the method of pregnancy verification;
(16) the type of anesthesia, if any, used in
				  the procedure: intravenous sedation or general anesthesia;
(17) whether the abortion was performed or
				  induced because of a medical emergency and any medical condition of the
				  pregnant woman that required the abortion;
(18) if the abortion was performed or induced
				  because of a medical emergency:
(A)
				  certification that the abortion was necessary due to a medical emergency;
				  and
(B) the woman's medical
				  condition requiring the abortion;
(19) if the abortion was performed or induced
				  to preserve the health of the pregnant woman:
(A) the medical condition the abortion was
				  asserted to address; and
(B) the
				  medical rationale for the physician's conclusion that the abortion was
				  necessary to address the medical condition; and
(20) for an abortion other than an abortion
				  described by subparagraph (19) of this subsection, that maternal health was not
				  a purpose of the abortion.