| (a) Purpose. This section establishes the application
procedures that an abortion facility shall follow to obtain a license
to operate as a licensed abortion facility in Texas.
(b) Definitions. The following terms when used in this
section shall have the following meaning.
(1) Initial license--A license which is issued by the
commission to a first-time applicant for an abortion facility license,
including an unlicensed abortion facility, to a licensed facility
for which a change of ownership is anticipated, and to a licensed
facility for which a change of physical location will occur, that
meets the requirements of the Act and this chapter and has successfully
completed the application procedures for an initial license as set
out in subsection (c) of this section. Initial licenses shall expire
in two years.
(2) Renewal license--A license issued by the commission
to a licensed abortion facility that meets all requirements of the
Act and this chapter and has completed the application procedures
for obtaining a renewal license as set out in subsection (d) of this
section. Renewal licenses shall expire in two years.
(c) Application procedures for an initial license.
This subsection establishes the application procedures for obtaining
an initial license.
(1) Request for an application. Upon request for an
abortion facility license, the commission shall furnish a person with
an application packet. Applications may also be obtained and submitted
through the commission's web site.
(2) Application requirements. The applicant shall submit
the information listed in subparagraph (C) of this paragraph to the
commission.
(A) An applicant shall not misstate a material fact
on any documents required to be submitted under this subsection.
(B) The application form shall be accurate and complete
and shall contain original signatures. The initial license fee shall
accompany the application.
(C) The following documents shall be submitted with
the original application form prescribed by the commission and shall
be originals or notarized copies:
(i) information on the applicant including name, street
address, mailing address, social security number or franchise tax
identification number, date of birth, and driver's license number;
(ii) the name, mailing address, and street address
of the abortion facility. The street address provided on the application
shall be the physical location from which the abortion facility will
be operating and providing services;
(iii) the telephone number of the facility, the telephone
number where the administrator can usually be reached when the facility
is closed, and if the facility has a fax machine, the fax number;
(iv) a list of names and business addresses of all
persons who own any percentage interest in the applicant including:
(I) each limited partner and general partner if the
applicant is a partnership; and
(II) each shareholder, member, director, and officer
if the applicant is a corporation, limited liability company, or other
business entity;
(v) a list of any businesses with which the applicant
subcontracts and in which the persons listed under clause (iv) of
this subparagraph hold any percentage of the ownership;
(vi) if the applicant has held or holds an abortion
facility license or has been or is an affiliate of another licensed
facility, the relationship, including the name and current or last
mailing address and physical location of the other facility, and the
date such relationship commenced and, if applicable, the date it was
terminated;
(vii) if the facility is operated by or proposed to
be operated under a management contract, the names and addresses of
any person and organization having an ownership interest of any percentage
in the management company;
(viii) a notarized affidavit attesting that the applicant
is capable of meeting the requirements of this chapter;
(ix) an organizational structure of the staffing for
the abortion facility. The organizational structure shall include
full disclosure in writing of the names and addresses of all owners
and persons controlling any ownership interest in the abortion facility.
In the case of corporations, holding companies, partnerships, and
similar organizations, the names and addresses of officers, directors,
and stockholders, both beneficial and of record, when holding any
percent, shall be disclosed. In the case of a nonprofit corporation,
the names and addresses of the officers and directors shall be disclosed;
(x) the name(s), address(es), and Texas physician license
number(s) of the physician(s) (including the facility's designated
medical consultant), and all advanced practice registered nurse(s)
and physician assistant(s) who will provide services at the abortion
facility;
(xi) the following data concerning the applicant, the
applicant's affiliates, and the managers of the applicant:
(I) denial, suspension, probation, or revocation of
an abortion facility license in any state, a license for any health
care facility or a license for a home and community support services
agency (agency) in any state or any other enforcement action, such
as (but not limited to) court civil or criminal action in any state;
(II) denial, suspension, probation, or revocation of
or other enforcement action against an abortion facility license in
any state, a license for any health care facility in any state, or
a license for an agency in any state which is or was proposed by the
licensing agency and the status of the proposal;
(III) surrendering a license before expiration of the
license or allowing a license to expire in lieu of the commission
proceeding with enforcement action;
(IV) federal or state (any state) criminal felony arrests
or convictions;
(V) Medicare or Medicaid sanctions or penalties relating
to the operation of a health care facility or agency;
(VI) operation of a health care facility or agency
that has been decertified or terminated from participation in any
state under Medicare or Medicaid; or
(VII) debarment, exclusion, or contract cancellation
in any state from Medicare or Medicaid; and
(xii) for the two-year period preceding the application
date, the following data concerning the applicant, the applicant's
affiliates, and the managers of the applicant:
(I) federal or state (any state) criminal misdemeanor
arrests or convictions;
(II) federal or state (any state) tax liens;
(III) unsatisfied final judgments;
(IV) eviction involving any property or space used
as an abortion facility or health care facility in any state;
(V) injunctive orders from any court; or
(VI) unresolved final Medicare or Medicaid audit exceptions.
(3) Applicant copy. The applicant shall retain a copy
of all documentation that is submitted to the commission.
(4) Application processing. Upon the commission's receipt
of the application form, the required information described in paragraph
(2)(C) of this subsection, and the initial license fee from an applicant,
the commission shall review the material to determine whether it is
complete and correct.
(A) The time periods for reviewing the material shall
be in accordance with §139.25 of this title (relating to Time
Periods for Processing and Issuing a License).
(B) If an abortion facility receives a notice from
the commission that some or all of the information required under
paragraph (2)(C) of this subsection is deficient, the facility shall
submit the required information no later than six months from the
date of the notice.
(i) A facility which fails to submit the required information
within six months from the notice date is considered to have withdrawn
its application for an initial license. The license fee shall not
be refunded.
(ii) A facility which has withdrawn its application
shall reapply for a license in accordance with this subsection, if
it wishes to continue the application process. A new license fee is
required.
(5) Withdrawal from the application process. If an
applicant decides at any time not to continue the application process
for an initial license, the application shall be withdrawn upon written
request from the applicant.
(6) Issuance of an initial license.
(A) Time periods for processing. The time periods for
processing an initial application shall be in accordance with §139.25
of this title.
(B) Effective period of an initial license. The initial
license is valid for two years. The initial license expires on the
last day of the month ending the licensure period.
(C) Pre-licensing Inspection. Once the commission has
determined that the application form, the information required to
accompany the application form, and the initial license fee are complete
and correct, the commission shall conduct an on-site pre-licensing
inspection of the physical location.
(D) After the on-site pre-licensing inspection has
been completed, the commission shall:
(i) issue an initial license to the owner of a facility,
if the facility is found to be in compliance with the commission's
requirements for initial licensure; or
(ii) deny the application, if the facility has not
complied with the commission's requirements for issuing an initial
license. The procedure for denial of a license shall be in accordance
with §139.32 of this title (relating to License Denial, Suspension,
Probation, or Revocation).
(7) A commission representative shall inspect the abortion
facility in accordance with §139.31 of this title (relating to
On-Site Inspections and Complaint Investigations of a Licensed Abortion
Facility) within 60 days after the issuance of an initial license.
If the commission determines that a facility is not in compliance
with the provisions of the Act or this chapter after the initial on-site
inspection, the commission shall notify the facility. Notification
shall be in accordance with §139.32 of this title.
(8) If for any reason, an applicant decides not to
continue the application process, the applicant shall submit to the
commission a written request to withdraw its application. If an initial
license has been issued, the applicant shall cease providing abortion
services and return the initial license to the commission with its
written request to withdraw. The commission shall acknowledge receipt
of the request to withdraw. The license fee shall not be refunded.
(9) Continuing compliance by the licensed abortion
facility with the provisions of the Act and this chapter is required.
(d) Application procedures for renewal of a license.
(1) The commission shall send notice of expiration
of a license to the licensee at least 60 days before the expiration
date of the license. If the licensee has not received notice of expiration
from the commission 45 days prior to the expiration date, it is the
duty of the licensee to notify the commission and request an application
for a renewal license.
(2) The licensee shall submit the following items to
the commission by certified mail, marked confidential, and postmarked
no later than 30 days prior to the expiration date of the license:
(A) a complete and accurate renewal application form;
(B) current updated documents containing all the information
required in subsection (c)(2)(C) of this section; and
(C) the renewal license fee.
(3) A facility shall not misstate a material fact on
any documents required to be submitted to the commission or required
to be maintained by the facility in accordance with the provisions
of the Act and this chapter.
(4) A commission surveyor shall inspect a licensed
abortion facility in accordance with §139.31(b) of this title.
(5) If a licensee makes timely and sufficient application
for renewal, the license shall not expire until the commission issues
the renewal license or until the commission denies renewal of the
license.
(A) The commission shall issue a renewal license to
a licensee who meets the minimum standards for a license in accordance
with the provisions of the Act and this chapter.
(B) The commission may propose to deny the issuance
of a renewal license if:
(i) based on the inspection report, the commission
determines that the abortion facility does not meet or is in violation
of any of the provisions of the Act or this chapter;
(ii) renewal is prohibited by the Education Code, §57.491,
relating to defaults on guaranteed student loans;
(iii) a facility discloses any of the actions or offenses
listed in subsection (c)(2)(C)(xi) and (xii) of this section; and
(iv) a facility fails to file abortion reports or fails
to ensure that a physician's report is filed in accordance with §139.5
of this title (relating to Additional Reporting Requirements).
Cont'd... |
