This is the future that the Christian Taliban has always wanted…

HIPAA regulations at 45 C.F.R. § 164.512(a) permit reporting to a federal, state, or local government agency without the permission of the patient in compliance with a State statute mandating reporting.

A covered entity may disclose protected health information: (i) As required by law including laws that require the reporting of certain types of wounds or other physical injuries, except for laws subject to paragraph (b)(1)(ii) or (c)(1)(i) of this section;

In Texas SB8 amended Section 245.011(c) of the Texas Health and Safety Code to require the following report to the Texas Department of State Health Services for each abortion performed in the state:

(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 7. 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; [and]
  9. the number of previous induced abortions of the patient;
  10. whether the abortion was performed or induced because of a medical emergency and any medical condition of the pregnant woman that required the abortion; and
  11. the information required under Sections 171.008(a) and (c).

Because reporting was mandated by State law, the nurse is 100% in the clear here as to any HIPPA liability.

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