| (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).
(6) If a licensee makes a timely application for renewal
of a license, and action to revoke, suspend, place on probation, or
deny renewal of the license is pending, the license does not expire
but does extend until the application for renewal is granted or denied
after the opportunity for a formal hearing. A renewal license shall
not be issued unless the commission has determined the reason for
the proposed action no longer exists.
(7) If a suspension of a license overlaps a renewal
date, the suspended license holder shall comply with the renewal procedures
in this subsection; however, the commission may not renew the license
until the commission determines that the reason for suspension no
longer exists.
(8) If the commission revokes or does not renew a license,
a person may apply for an initial license by complying with the requirements
of the Act and this chapter at the time of reapplication. The commission
may refuse to issue a license, if the reason for revocation or non-renewal
continues to exist.
(9) Upon revocation or non-renewal, a license holder
shall return the original license to the commission.
(10) The procedures for revocation, suspension, probation,
or denial of a license shall be in accordance with §139.32 of
this title.
(e) Failure to timely renew a license.
(1) If a licensee fails to timely renew a license in
accordance with subsection (d) of this section, the commission shall
notify the licensee that the facility shall cease operation on the
expiration date of the license.
(2) To continue providing services at the abortion
facility after the expiration of the license, the owner shall apply
for an initial license in accordance with subsection (c) of this section.
(f) Frequency of inspections. Inspections of the abortion
facility shall be performed at a frequency prescribed by and in accordance
with §139.31 of this title.
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