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A BILL TO BE ENTITLED
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AN ACT
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relating to alternatives to abortion organizations; imposing a |
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civil penalty. |
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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 173 to read as follows: |
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CHAPTER 173. ALTERNATIVES TO ABORTION ORGANIZATIONS |
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Sec. 173.001. DEFINITIONS. In this chapter: |
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(1) "Alternatives to abortion organization" means an |
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organization, including a pregnancy counseling organization or |
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crisis pregnancy center, that for a fee or as a free service |
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provides pregnancy counseling or information but does not perform |
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an abortion or refer a female to an abortion provider. The term |
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does not include a licensed health care provider, a hospital, or a |
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family planning clinic that provides abortions or contraception or |
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provides abortion or contraception referrals. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Health care practitioner" means a physician, |
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midwife, physician assistant, or nurse authorized to provide health |
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care services under Subtitle B, C, or E, Title 3, Occupations Code. |
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(4) "Licensed counselor" means a person licensed as a |
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counseling or mental health professional under Chapter 501, 502, |
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503, or 505, Occupations Code. |
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(5) "Patient" means a woman seeking information, |
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assistance, or other services from an alternatives to abortion |
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organization. |
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Sec. 173.002. LICENSE. (a) An alternatives to abortion |
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organization may be licensed under this chapter. |
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(b) An alternatives to abortion organization may not |
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directly or indirectly receive state money or other assistance |
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unless the organization is licensed under this chapter. |
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(c) A license issued under this chapter is not transferable |
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or assignable. |
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Sec. 173.003. LICENSE APPLICATION AND ISSUANCE. (a) An |
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applicant for an alternatives to abortion organization license must |
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submit an application to the commission on a form prescribed by the |
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commission. |
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(b) Each application must be accompanied by a nonrefundable |
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license fee in an amount set by the commission. |
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(c) The application must contain evidence that: |
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(1) at least one health care practitioner is on the |
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organization's staff; or |
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(2) at least one licensed counselor is on the |
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organization's staff. |
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(d) The commission shall issue a license to the applicant |
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if, after inspection and investigation, it finds that the |
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alternatives to abortion organization meets the requirements of |
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this chapter and the standards adopted under this chapter. |
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(e) As a condition for renewal of a license, the license |
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holder must submit to the commission the annual license renewal |
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fee. |
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(f) Information regarding the licensing status of an |
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alternatives to abortion organization is an open record for the |
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purposes of Chapter 552, Government Code, and shall be made |
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available by the commission on request. |
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Sec. 173.004. INSPECTIONS. (a) The commission may inspect |
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a licensed alternatives to abortion organization, or an applicant |
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for a license, at reasonable times as necessary to ensure |
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compliance with this chapter. |
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(b) The commission shall inspect an alternatives to |
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abortion organization before renewing the organization's license |
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under Section 173.003(e). |
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Sec. 173.005. FEES. The commission shall set fees imposed |
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by this chapter in amounts reasonable and necessary to defray the |
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cost of administering this chapter. |
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Sec. 173.006. ALTERNATIVES TO ABORTION ORGANIZATION |
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LICENSING FUND. All fees collected under this chapter shall be |
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deposited in the state treasury to the credit of the alternatives to |
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abortion organization licensing fund and may be appropriated only |
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to the commission to administer and enforce this chapter. |
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Sec. 173.007. ADOPTION OF RULES. The executive |
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commissioner of the commission shall adopt rules necessary to |
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implement this chapter, including requirements for the issuance, |
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renewal, denial, suspension, and revocation of a license. |
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Sec. 173.008. MINIMUM STANDARDS. (a) The rules adopted |
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under Section 173.007 must contain minimum standards for licensed |
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alternatives to abortion organizations to protect the health and |
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safety of a patient. |
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(b) The standards may not be more stringent than Medicare |
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certification standards, if any, for: |
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(1) qualifications for professional and |
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nonprofessional personnel; |
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(2) supervision of professional and nonprofessional |
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personnel; |
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(3) sanitary and hygienic conditions within an |
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alternatives to abortion organization; |
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(4) the equipment essential to the health and welfare |
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of a patient; |
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(5) clinical records kept by an alternatives to |
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abortion organization; and |
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(6) management, ownership, and control of the |
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organization. |
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(c) This section does not authorize the commission to: |
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(1) establish the qualifications of a licensed |
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practitioner; or |
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(2) permit a person to provide health care services |
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who is not authorized to provide those services under other laws of |
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this state. |
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Sec. 173.009. PRIVACY REQUIREMENTS; USE OF INFORMATION. |
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(a) An alternatives to abortion organization may not reveal a |
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patient's name or health information or any other identifying |
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information without the patient's written consent. |
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(b) An alternatives to abortion organization must comply |
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with Section 181.152. |
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(c) This section applies without regard to whether the |
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alternatives to abortion organization is licensed. |
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Sec. 173.010. DISCIPLINARY ACTION. (a) An alternatives to |
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abortion organization that violates Section 173.009 is ineligible |
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to receive state funding. |
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(b) If the commission determines an alternatives to |
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abortion organization violated Section 173.009, the commission |
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shall withhold state money otherwise to be provided to the |
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organization. The organization is liable to this state for any |
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money the organization has already received from the state during |
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the state fiscal year in which the determination is made. The |
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organization is not eligible for state funding before the first |
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anniversary of the date of the commission determination. The |
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attorney general in the name of the state may bring an action to |
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recover amounts owed to the state under this section. |
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(c) If the commission determines that an alternatives to |
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abortion organization that does not receive state money or other |
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assistance violated this chapter, the attorney general, at the |
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request of the commission, shall bring an action to impose a civil |
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penalty in an amount not to exceed $5,000 for each violation. |
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(d) An alternatives to abortion organization may appeal a |
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commission determination under this section to the State Office of |
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Administrative Hearings. An appeal under this subsection is a |
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contested case under Chapter 2001, Government Code. |
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SECTION 2. This Act takes effect September 1, 2009. |