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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 139ABORTION FACILITY REPORTING AND LICENSING
SUBCHAPTER DMINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES
RULE §139.50Disclosure Requirements

(a) At the time a woman on whom the abortion is to be performed or induced initially consults with a licensed abortion facility, the facility shall comply with the following.

  (1) Provide the woman with a written statement indicating the number of the toll-free telephone line which is maintained by the Texas Health and Human Services Commission (HHSC) to provide specific information relating to licensed abortion facilities in Texas. The statement shall be in accordance with §139.6 of this chapter (relating to Public Information; Toll-Free Telephone Number).

  (2) Provide the woman with a written statement identifying HHSC as the responsible agency for facility complaint investigations. The statement shall indicate that a person may direct a complaint to HHSC Complaint and Incident Intake (CII) and include current CII contact information, as specified by HHSC. All complaints are confidential.

  (3) Provide the woman with a copy of HHSC's "A Woman's Right to Know" booklet created for women seeking an abortion, if the woman chooses to view it.

  (4) Provide the woman with a copy of HHSC's "A Woman's Right to Know" resource directory (required by Health and Safety Code §171.015), if the woman chooses to view it.

  (5) Inform the woman of her option to view HHSC's "A Woman's Right to Know" booklet and resource directory on HHSC's Internet website and provide her with the Internet address for obtaining the information.

  (6) Provide the woman with a written statement that she may call HHSC at (888) 973-0022, if the facility does not provide her with the information required in paragraphs (3) and (4) of this subsection.

(b) The facility shall ensure that the woman on whom the abortion is to be performed or induced receives all information required for voluntary and informed consent, in accordance with Health and Safety Code §171.012 at least 24 hours prior to the abortion procedure.

(c) The facility shall initiate a clinical record for the woman on whom the abortion is to be performed or induced at the time of the initial consultation. The following information pertaining to disclosure, as described in this section, shall be documented in the clinical record:

  (1) the date and time of the initial consultation;

  (2) the method by the which the information required under subsections (a) and (b) of this section was provided; and

  (3) the name and title of individual(s) who provided or verified the information required under subsections (a) and (b) of this section.


Source Note: The provisions of this §139.50 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective November 24, 2022, 47 TexReg 7696

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