79R1000 JTS-D


By:  Corte                                                        H.B. No. 811



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain physician's offices where 
abortions are performed.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 245.004(a), Health and Safety Code, as 
amended by Section 2.63(a), Chapter 198, and Section 2, Chapter 
999, Acts of the 78th Legislature, Regular Session, 2003, is 
reenacted to read as follows:
	(a)  The following facilities need not be licensed under this 
chapter:       
		(1)  a hospital licensed under Chapter 241 (Texas 
Hospital Licensing Law);  
		(2)  the office of a physician licensed under Subtitle 
B, Title 3, Occupations Code, unless the office is used 
substantially for the purpose of performing abortions; or
		(3)  an ambulatory surgical center licensed under 
Chapter 243.              
	SECTION 2.  Section 245.006, Health and Safety Code, is 
amended by adding Subsection (c) to read as follows:
	(c)  The department may inspect a physician's office that is 
exempt from the licensing requirement of this chapter under Section 
245.004(a)(2) for compliance with the minimum standards adopted 
under Section 245.010.
	SECTION 3.  Section 245.010, Health and Safety Code, is 
amended by adding Subsection (e) to read as follows:
	(e)  A physician's office exempt from the licensing 
requirement of this chapter shall comply with the standards adopted 
under this section.  A physician who performs an abortion in an 
office that violates a rule adopted under this section is subject to 
the enforcement and penalty provisions of Sections 245.013, 
245.015, and 245.017-245.022.
	SECTION 4.  A physician's office exempt from the licensing 
requirements of Chapter 245, Health and Safety Code, under Section 
245.004(a)(2), Health and Safety Code, as reenacted by this Act, is 
not required to comply with the minimum standards adopted under 
Section 245.010, Health and Safety Code, before January 1, 2006.
	SECTION 5.  This Act takes effect September 1, 2005.