| |
|
|
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 245.003(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Section 245.0035 [245.004], a |
|
|
person may not establish or operate an abortion facility in this |
|
|
state without an appropriate license issued under this chapter. |
|
|
SECTION 2. Chapter 245, Health and Safety Code, is amended |
|
|
by adding Section 245.0035 to read as follows: |
|
|
Sec. 245.0035. EXEMPTIONS FROM LICENSING REQUIREMENT. 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 for the |
|
|
purpose of performing more than 50 abortions in any 12-month |
|
|
period; or |
|
|
(3) an ambulatory surgical center licensed under |
|
|
Chapter 243. |
|
|
SECTION 3. 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 |
|
|
245.0035(2) for compliance with the minimum standards adopted under |
|
|
Section 245.010. |
|
|
SECTION 4. 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 5. Section 245.004, 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 |
|
|
repealed. |
|
|
SECTION 6. A physician's office exempt from the licensing |
|
|
requirements of Chapter 245, Health and Safety Code, under Section |
|
|
245.0035, Health and Safety Code, as added by this Act, is not |
|
|
required to comply with the minimum standards adopted under Section |
|
|
245.010, Health and Safety Code, before January 1, 2008. |
|
|
SECTION 7. This Act takes effect September 1, 2007. |