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A BILL TO BE ENTITLED
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AN ACT
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relating to minimum standards for pregnancy resource centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 174 to read as follows: |
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CHAPTER 174. PREGNANCY RESOURCE CENTERS |
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Sec. 174.001. DEFINITION. In this chapter, "pregnancy |
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resource center" means an organization, including a pregnancy |
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counseling organization, crisis pregnancy center, pregnancy care |
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center, or pregnancy support center, that for a fee or free of |
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charge provides pregnancy counseling or information but: |
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(1) does not perform abortions or make referrals to an |
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abortion provider; |
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(2) does not provide or make referrals for |
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comprehensive birth control services; |
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(3) is not licensed or certified by this state or the |
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federal government to provide medical or health care services; and |
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(4) is not required to have a physician under contract |
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to provide or directly supervise all health care services provided |
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by the organization. |
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Sec. 174.002. MINIMUM STANDARDS. (a) The executive |
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commissioner by rule shall prescribe minimum standards for |
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pregnancy resource centers. |
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(b) The minimum standards must: |
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(1) protect the health and safety of a patient of a |
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pregnancy resource center; |
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(2) contain provisions equivalent to the requirements |
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of Subchapter B, Chapter 171, but applicable to the provision of |
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pregnancy services; and |
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(3) contain provisions equivalent to the minimum |
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standards for ambulatory surgical centers adopted under Section |
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243.010. |
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(c) Pregnancy resource centers must have at least one |
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licensed obstetrician or gynecologist present when providing |
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services to a patient. |
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(d) This section does not authorize the executive |
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commissioner to: |
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(1) establish the qualifications of a licensed health |
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care practitioner; or |
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(2) allow a person to provide medical or health care |
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services who is not authorized to provide those services under |
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other laws of this state. |
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(e) A pregnancy resource center or health care practitioner |
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that violates this section is subject to disciplinary action by the |
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state agency that regulates the center or practitioner as if the |
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center or practitioner had violated the applicable licensing law. |
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SECTION 2. Not later than January 1, 2024, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules necessary to implement Chapter 174, Health and Safety |
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Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |