Texas is a pro-life state. If you sell drugs that kill unborn babies—or, to be a bit more technical, if you offer nonsurgical abortions using an FDA-approved combination of mifepristone and misoprostol—the state will demand lots of information from you. It will also provide information about you to the public. Citizens are entitled to know what you do.
If, however, you sell drugs to the state for its favorite pro-life activity—killingfully born people who have murdered others—the state will protect you. It will hide your complicity, even under direct questioning.
Texas law is full of rules for abortion clinics. Section 139.4 of the state health and safety code requires clinics to report to the state each “patient’s year of birth, race, marital status,” “the probable post-fertilization age of the unborn child,” “the date, if known, of the patient’s last menstrual cycle,” “the number of previous induced abortions of the patient,” and the “method used to dispose of fetal tissue and remains.”Section 171.063 requires the doctor to furnish
a telephone number by which the pregnant woman may reach the physician, or other health care personnel employed by the physician or by the facility at which the abortion was performed or induced with access to the woman’s relevant medical records, 24 hours a day to request assistance for any complications that arise …
The state keeps individual medical records private. But it releases other information. Under section 245.005, “Information regarding the licensing status of an abortion facility is an open record … and shall be made available by the department on request.” Under section 139.6, the state must make “available to the public … the date of the last inspection of the facility,” and it must “maintain a toll-free telephone number that a person may call” to get information about licensing, inspections, and incidents.