In addition to the reporting required by §139.4 of this subchapter (relating to Monthly Reporting Requirements for All Abortions Performed or Induced), physicians and health care facilities subject to this chapter shall comply with this section when performing or inducing third trimester abortions, when performing or inducing emergency abortions, and when diagnosing or treating abortion complications.
  (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 or induces a third trimester abortion of a viable fetus with a biparietal diameter of 60 millimeters or greater shall certify in writing to the Texas Health and Human Services Commission (HHSC) 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 HHSC.
    (D) The certification form and any supporting documents shall be submitted via the secure electronic reporting system established and maintained by HHSC.
    (E) HHSC 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 HHSC 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 or inducing 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 chapter (relating to License Denial, Suspension, Probation, or Revocation).
  (2) Reporting requirements for emergency abortions.
    (A) The purpose of this paragraph is to establish procedures for reporting emergency abortions performed or induced as required by Family Code §33.002(a)(3) (relating to Parental Notice), Health and Safety Code §171.0124 (relating to Exception for Medical Emergency), and Health and Safety Code §285.202 (relating to Use of Tax Revenue for Abortions; Exception for Medical Emergency).
    (B) A physician who performs or induces an emergency abortion under one of the three circumstances described in subparagraph (A) of this paragraph shall certify in writing to HHSC that a medical emergency exists.
    (C) The certification shall be made on a form approved by HHSC.
    (D) The certification form shall be submitted via the secure electronic reporting system established and maintained by HHSC.
    (E) A physician performing or inducing 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 chapter.
  (3) Reporting requirements for abortion complications.
    (A) Within three business days after the date the complication is diagnosed or treated, a physician shall submit to HHSC an abortion complication report.
    (B) Within 30 calendar days after the date the complication is diagnosed or treated, a hospital, abortion facility, freestanding emergency medical care facility, or health care facility that provides emergency medical care as defined by Health and Safety Code §773.003 shall submit to HHSC an abortion complication report.
    (C) The certification form shall be submitted via the secure electronic reporting system established and maintained by HHSC.
    (D) A report submitted under this paragraph may not identify the physician who performed or induced the abortion, other than the reporting physician, or the patient.
    (E) The report must identify the name of the physician submitting the report or the name and type of health care facility submitting the report, must include the most specific, accurate, and complete reporting for the highest level of specificity, and must include, if known:
      (i) the date of the abortion that caused or may have caused the complication;
      (ii) the type of abortion that caused or may have caused the complication;
      (iii) the name and type of facility where the abortion was performed;
      (iv) the name, date, and type of facility where the complication was diagnosed and treated;
      (v) description of complications;
      (vi) the number of weeks of gestation at which the abortion was performed;
      (vii) the number of previous live births of the patient;
      (viii) the number of previous induced abortions of the patient;
      (ix) the type of anesthesia, if any, used in the procedure: intravenous sedation or general anesthesia;
      (x) the patient's year of birth, race, marital status, and state and county of residence; and
      (xi) the date of the first day of the patient's last menstrual period that occurred before the date of the abortion that caused or may have caused the complication.
    (F) HHSC shall notify the Texas Medical Board of a violation of this paragraph by a physician.
    (G) HHSC shall publish on its Internet website an annual report containing aggregate data of the information in the reports submitted under this paragraph for the previous calendar year. The annual report may not include any duplicative data and may not identify by any means an abortion facility, a physician, or a patient.
    (H) The third separate violation of this paragraph by a facility required to report under subparagraph (B) of this paragraph constitutes cause for the revocation or suspension of the facility's license, permit, registration, certificate, or other authority or for other disciplinary action against the facility.

Source Note: The provisions of this §139.5 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective December 31, 2012, 37 TexReg 9938; amended to be effective May 31, 2018, 43 TexReg 3361; amended to be effective November 24, 2022, 47 TexReg 7696