SRC-DPW, DBM S.B. 468 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 468
76R4727  DLF-DBy: Harris
Human Services
2/22/1999
As Filed


DIGEST 

Currently, the Texas Department of Health is authorized to impose
administrative penalties and revoke or suspend licenses of abortion
facilities in emergency situations.  Section 245.004, Health and Safety
Code, provides exemptions from licensure for a hospital currently licensed
under the Texas Hospital Licensing Law, and the office of a physician
licensed under the Medical Practice Act unless the office is used primarily
for the purpose of performing abortions.  In 1997, 15,115 of the 83,340
abortions performed in Texas were performed by 15 physicians not licensed
under Chapter 245, Health and Safety Code.  This bill would require
physicians currently exempt from licensure requirements to comply with the
requirements under Chapter 245, Health and Safety Code. 

PURPOSE

As proposed, S.B. 468 provides licensing requirements for certain persons
providing abortion services. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 245.004, Health and Safety Code, to include
among those facilities that need not be licensed under this chapter, a
licensed physician's office under the Medical Practice Act (Article 4495b,
V.T.C.S.), unless 10 or more abortion procedures are performed in the
office in a year, rather than is used primarily for the purposes of
performing abortions. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Provides that a physician's office that is exempt from the
licensing requirement of Chapter 245, Health and Safety Code, under Section
245.004, Health and Safety Code, as it existed immediately before the
effective date of this Act, but that is required to be licensed under
Section 245.004, Health and Safety Code, as amended by this Act, is not
required to be licensed before January 1, 2000. 

SECTION 4.  Emergency clause.