Texas Register, Volume 33, Number 51, Pages 10253-10386, December 19, 2008 Page: 10,270
10253-10386 p. ; 28 cm.View a full description of this periodical.
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a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a
sector of the state. This proposal is not specifically intended to
protect the environment or reduce risks to human health from
environmental exposure.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposal does not
restrict or limit an owner's right to his or her property that
would otherwise exist in the absence of government action and,
therefore, does not constitute a taking under Government Code,
2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Debbie Peter-
son, Health Care Quality Section, Division of Regulatory Ser-
vices, Department of State Health Services, P.O. Box 149347,
Austin, Texas 78714-9347, (512) 834-6730 or by email to deb-
bie.peterson@dshs.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the Texas Reg-
ister.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa
Hernandez, certifies that the proposed rules have been reviewed
by legal counsel and found to be within the state agencies' au-
thority to adopt.
SUBCHAPTER A. GENERAL PROVISIONS
25 TAC 139.1 - 139.8
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices of
the Department of State Health Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The proposed repeals are authorized by Health and Safety
Code, 245.009, concerning rules and minimum standards to
protect and promote the public health and welfare by providing
for the issuance, renewal, denial, suspension, and revocation
of each license; and Government Code, 531.0055, and Health
and Safety Code, 1001.075, which authorize the Executive
Commissioner of the Health and Human Services Commission
to adopt rules and policies necessary for the operation and
provision of health and human services by the department and
for the administration of Health and Safety Code, Chapter 1001.
Review of the rules implements Government Code, 2001.039.
The proposed repeals affect the Health and Safety Code, Chap-
ters 245 and 1001; and Government Code, Chapter 531.
139.1. Purpose and Scope.
139.2. Definitions.
139.3. Unlicensed Facility.
139.4. Annual Reporting Requirements for All Abortions Per-
formed.
139.5. Additional Reporting Requirements for Physicians.
139.6. Public Information; Toll-Free Telephone Number.
139.7. Unique Identifying Number; Disclosure in Advertisement.
139.8. Quality Assurance.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.Filed with the Office of the Secretary of State on December 4,
2008.
TRD-200806364
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: January 18, 2009
For further information, please call: (512) 458-7111 x6972
25 TAC 139.1 - 139.8
STATUTORY AUTHORITY
The proposed new rules are authorized by Health and Safety
Code, 245.009, concerning rules and minimum standards to
protect and promote the public health and welfare by provid-
ing for the issuance, renewal, denial, suspension, and revoca-
tion of each license; and Government Code, 531.0055, and
Health and Safety Code, 1001.075, which authorize the Execu-
tive Commissioner of the Health and Human Services Commis-
sion to adopt rules and policies necessary for the operation and
provision of health and human services by the department and
for the administration of Health and Safety Code, Chapter 1001.
Review of the rules implements Government Code, 2001.039.
The proposed new rules affect the Health and Safety Code,
Chapters 245 and 1001; and Government Code, Chapter 531.
139.1. Purpose and Scope.
(a) Purpose. The purpose of this chapter is to implement the
Texas Abortion Facility Reporting and Licensing Act, Health and
Safety Code, Chapter 245, which provides the Department of State
Health Services with the authority to establish rules governing the
licensing and regulation of abortion facilities and to establish annual
reporting requirements for each abortion performed.
(b) Scope and applicability.
(1) Licensing requirements.
(A) A person may not establish or operate an abortion
facility in Texas without a license issued under this chapter unless the
person is exempt from licensing requirements.
(B) The following need not be licensed under this chap-
ter:
(i) a hospital licensed under Health and Safety Code,
Chapter 241;
(ii) an ambulatory surgical center licensed under
Health and Safety Code, Chapter 243; or
(iii) the office of a physician licensed by the Texas
Medical Board and authorized to practice medicine in the State of
Texas, unless the office is used for the purpose of performing more
than 50 abortions in any 12-month period.
(2) Reporting requirements. All licensed abortion facili-
ties and facilities and persons exempt from licensing shall comply with
139.4 of this title (relating to Annual Reporting Requirements for All
Abortions Performed).
139.2. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Abortion--The use of any means to terminate the preg-
nancy of a female known by the attending physician to be pregnant,33 TexReg 10270 December 19, 2008
Texas Register
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Texas. Secretary of State. Texas Register, Volume 33, Number 51, Pages 10253-10386, December 19, 2008, periodical, December 19, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90820/m1/16/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.