| (a) Effective September 1, 2014, the department adopts
by reference the following sections of Chapter 135 of this title (relating
to Ambulatory Surgical Centers) that were in effect on January 1,
2014:
(1) Subchapter A (relating to Operating Requirements
for Ambulatory Surgical Centers):
(A) The following definitions are incorporated by reference:
(i) §135.2(2) (defining "Action plan");
(ii) §135.2(6) (defining "Autologous blood units");
(iii) §135.2(7) (defining "Available");
(iv) §135.2(10) (defining "Dentist");
(v) §135.2(12) (defining "Disposal");
(vi) §135.2(13) (defining "Extended observation");
(vii) §135.2(14) (defining "Health care practitioners");
(viii) §135.2(16) (defining "Medicare");
(ix) §135.2(21) (defining "Surgical technologist");
(x) §135.2(22) (defining "Title XVIII");
(B) The following sections relating to ambulatory surgical
centers operating requirements:
(i) §135.4 (relating to Ambulatory Surgical Center
(ASC) Operation), except as specifically noted in subsection (d)(2)
of this section;
(ii) §135.5 (relating to Patient Rights);
(iii) §135.6 (relating to Administration);
(iv) §135.7 (relating to Quality of Care);
(v) §135.8 (relating to Quality Assurance);
(vi) §135.9 (relating to Medical Records);
(vii) §135.10 (relating to Facilities and Environment);
(viii) §135.11(a) and (b)(1) - (18) (relating
to Anesthesia and Surgical Services);
(ix) §135.12 (relating to Pharmaceutical Services);
(x) §135.13 (relating to Pathology and Medical
Laboratory Services);
(xi) §135.14 (relating to Radiology Services);
(xii) §135.15 (relating to Facility Staffing and
Training);
(xiii) §135.16 (relating to Teaching and Publication);
(xiv) §135.17 (relating to Research Activities);
(xv) §135.26 (relating to Reporting Requirements);
and
(xvi) §135.27 (relating to a Patient Safety Program);
(2) Subchapter B (relating to Fire Prevention and Safety
Requirements):
(A) §135.41 (relating to Fire Prevention and Protection);
(B) §135.42 (relating to General Safety); and
(C) §135.43 (relating to Handling and Storage
of Gases, Anesthetics, and Flammable Liquids); and
(3) Subchapter C (relating to Physical Plant and Construction
Requirements):
(A) §135.51 (relating to Construction Requirements
for an Existing Ambulatory Surgical Center), except as specifically
noted in subsection (d)(3) of this section;
(B) §135.52 (relating to Construction Requirements
for a New Ambulatory Surgical Center);
(C) §135.53 (relating to Elevators, Escalators,
and Conveyors);
(D) §135.54 (relating to Preparation, Submittal,
Review and Approval of Plans, and Retention of Records);
(E) §135.55 (relating to Construction, Inspections,
and Approval of Project); and
(F) §135.56 (relating to Construction Tables).
(b) As required by §4 of House Bill 2, passed
in the Second Session, 83rd Legislature, 2013, the department intends
by this adoption of rules to impose minimum standards for the health
and safety of a patient of a licensed abortion facility, and that
those minimum standards be equivalent to the minimum standards adopted
under Health and Safety Code, §243.010, for ambulatory surgical
centers.
(c) The minimum standards adopted by reference under
this section are not applicable to a licensed abortion facility before
September 1, 2014.
(d) Interpretive conventions. For purposes of this
chapter:
(1) The words "ambulatory surgical center" and "ASC"
and their plural forms in the rules that are adopted by reference
in subsection (a) of this section are understood to mean "licensed
abortion facility" or "licensed abortion facilities," as appropriate,
for purposes of this chapter.
(2) The text of §135.4(c)(11)(B) that reads "or
all physicians performing surgery at the ASC shall have admitting
privileges at a local hospital" is not adopted by reference into this
chapter.
(3) The text of §135.51(a)(1) and the portion
of the text of §135.51(a)(2) that reads, "In lieu of meeting
the requirements in paragraph (1) of this subsection," are not adopted
by reference into this chapter.
(e) If the application of any particular rule that
is incorporated by reference from Chapter 135 of this title is found
by a state or federal court to violate the Constitution or impose
an "undue burden" on women seeking abortions, the department shall
continue to enforce the remaining incorporated rules that do not violate
the Constitution or impose an "undue burden" on women seeking abortions,
and shall continue to enforce all rules incorporated by reference
from Chapter 135 of this title against abortion facilities for whom
the application of such rules does not violate the Constitution or
impose an "undue burden" on women seeking abortions.
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