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Texas Health and Safety Code - HEALTH & SAFETY § 245.004. Exemptions from Licensing Requirement

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of subsec. (a) as amended by Acts 2003, 78th Leg., ch. 198, § 2.63 (a).>

(a) The following facilities need not be licensed under this chapter:

(1) a hospital licensed under Chapter 241 (Texas Hospital Licensing Law);  or

(2) the office of a physician licensed under Subtitle B, Title 3, Occupations Code  1, unless the office is used for the purpose of performing more than 50 abortions in any 12-month period.

<Text of subsec. (a) as amended by Acts 2003, 78th Leg., ch. 999, § 2.>

(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.

(b) For purposes of this section, a facility is used substantially for the purpose of performing abortions if the facility:

(1) is a provider for performing:

(A) at least 10 abortion procedures during any month;  or

(B) at least 100 abortion procedures in a year;

(2) operates less than 20 days in a month and the facility, in any month, is a provider for performing a number of abortion procedures that would be equivalent to at least 10 procedures in a month if the facility were operating at least 20 days in a month;

(3) holds itself out to the public as an abortion provider by advertising by any public means, including advertising placed in a newspaper, telephone directory, magazine, or electronic medium, that the facility performs abortions;  or

(4) applies for an abortion facility license.

(c) For purposes of this section, an abortion facility is operating if the facility is open for any period of time during a day and has on site at the facility or on call a physician available to perform abortions.

1  V.T.C.A., Occupations Code § 151.001 et seq.
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Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 245.004. Exemptions from Licensing Requirement - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-245-004/

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