(a) A licensed abortion facility shall be in compliance
with all state and federal laws pertaining to handling of drugs.
(b) A licensed abortion facility that provides laboratory
services shall meet the Clinical Laboratory Improvement Amendments
of 1988, 42 United States Code, §263a, Certification of Laboratories
(CLIA 1988). CLIA 1988 applies to all facilities with laboratories
that examine human specimens for the diagnosis, prevention, or treatment
of any disease or impairment of, or the assessment of the health of,
human beings.
(c) A licensed abortion facility shall ensure that
its physicians comply with the Medical Practice Act, Occupations Code,
Chapters 151 - 160 and 162 - 165, while functioning in his or her
capacity at or for the facility.
(d) A licensed abortion facility utilizing the services
of a physician assistant(s) shall ensure that its physician assistants
comply with the Physician Assistant Licensing Act, Occupations Code,
Chapter 204, while functioning in his or her capacity at or for the
facility.
(e) A licensed abortion facility utilizing the services
of a registered nurse shall ensure that its registered nurses comply
with the Nursing Practice Act, Occupations Code, Chapters 301 and
304, while functioning in his or her capacity at or for the facility.
(f) A licensed abortion facility utilizing the services
of a licensed vocational nurse(s) shall ensure that its vocational
nurse(s) comply with the Nursing Practice Act, Occupations Code, Chapters
301 and 304, while functioning in his or her capacity at or for the
facility.
(g) A licensed abortion facility that provides pharmacy
services shall obtain a license as a pharmacy if required by the Texas
Pharmacy Act, Occupations Code, Chapters 551 - 569.
(h) A licensed abortion facility shall comply with
the following federal Occupational Safety and Health Administration
requirements:
(1) 29 Code of Federal Regulations, Subpart E, §1910.38,
concerning emergency action plan and §1910.39, concerning fire
prevention plans;
(2) 29 Code of Federal Regulations, Subpart I, §1910.132,
concerning general requirements for personal protective equipment;
(3) 29 Code of Federal Regulations, Subpart I, §1910.133,
concerning eye and face protection;
(4) 29 Code of Federal Regulations, Subpart I, §1910.138,
concerning hand protection;
(5) 29 Code of Federal Regulations, Subpart K, §1910.151,
concerning medical services and first aid;
(6) 29 Code of Federal Regulations, Subpart L, §1910.157,
concerning portable fire extinguishers;
(7) 29 Code of Federal Regulations, Subpart Z, §1910.1030,
concerning bloodborne pathogens; and
(8) 29 Code of Federal Regulations, Subpart Z, §1910.1200,
Appendices A - E, concerning hazard communication (hazardous use of
chemicals).
(i) A licensed abortion facility shall not use adulterated
or misbranded drugs or devices in violation of the Health and Safety
Code, §431.021. Adulterated drugs and devices are described in
Health and Safety Code, §431.111. Misbranded drugs or devices
are described in Health and Safety Code, §431.112.
(j) A licensed abortion facility shall not commit a
false, misleading, or deceptive act or practice as that term is defined
in the Deceptive Trade Practices-Consumer Protection Act, Business
and Commerce Code, §17.46.
(k) A licensed abortion facility shall comply with
the requirements of the Family Code, §33.002, relating to a Consent
Form.
(l) A licensed abortion facility shall comply with
the requirements of Health and Safety Code, Chapter 171, the Woman's
Right to Know Act.
(m) A licensed abortion facility shall comply with
the requirements of Occupations Code, Chapter 102, Solicitation of
Patients.
(n) Balance Billing.
(1) A licensed abortion facility may not violate a
law that prohibits the licensed abortion facility from billing a patient
who is an insured, participant, or enrollee in a managed care plan
an amount greater than an applicable copayment, coinsurance, and deductible
under the insured's, participant's, or enrollee's managed care plan
or that imposes a requirement related to that prohibition.
(2) A licensed abortion facility shall comply with
Senate Bill 1264, 86th Legislature, Regular Session, 2019, and with
related Texas Department of Insurance rules at 28 TAC Chapter 21,
Subchapter OO, §§21.4901 - 21.4904 (relating to Disclosures
by Out-of-Network Providers) to the extent this subchapter applies
to the licensed abortion facility.
(o) A licensed abortion facility shall comply with
human trafficking signage requirements in accordance with Texas Health
and Safety Code §245.025 (relating to Human Trafficking Signs
Required).
(p) A licensed abortion facility shall not discriminate
based on a patient's disability and shall comply with Texas Health
and Safety Code Chapter 161, Subchapter S (relating to Allocation
of Kidneys and Other Organs Available for Transplant).
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