| (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, Texas 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 physician
assistant services shall ensure that its physician assistants comply
with the Physician Assistant Licensing Act, Texas Occupations Code
Chapter 204, while functioning in his or her capacity at or for the
facility.
(e) A licensed abortion facility utilizing registered
nurse services shall ensure that its registered nurses comply with
the Nursing Practice Act, Texas Occupations Code Chapters 301 and
304, while functioning in his or her capacity at or for the facility.
(f) A licensed abortion facility utilizing licensed
vocational nurse services shall ensure that its vocational nurses
comply with the Nursing Practice Act, Texas 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, Texas 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 (CFR), Subpart E, §1910.38
and §1910.39;
(2) 29 CFR, Subpart I, §1910.132;
(3) 29 CFR, Subpart I, §1910.133;
(4) 29 CFR, Subpart I, §1910.138;
(5) 29 CFR, Subpart K, §1910.151;
(6) 29 CFR, Subpart L, §1910.157;
(7) 29 CFR, Subpart Z, §1910.1030; and
(8) 29 CFR, Subpart Z, §1910.1200, Appendices
A - E.
(i) A licensed abortion facility shall not use adulterated
or misbranded drugs or devices in violation of the Texas Health and
Safety Code §431.021. Adulterated drugs and devices are described
in Texas Health and Safety Code §431.111. Misbranded drugs or
devices are described in Texas 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 Texas Family Code §33.002.
(l) A licensed abortion facility shall comply with
the requirements of Texas Health and Safety Code Chapter 171.
(m) A licensed abortion facility shall comply with
the requirements of Texas Occupations Code Chapter 102.
(n) A licensed abortion facility shall comply with
the following balance billing requirements.
(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
the itemized bill requirements under Texas Health and Safety Code §185.002.
(p) A licensed abortion facility shall comply with
human trafficking signage requirements in accordance with Texas Health
and Safety Code §245.025.
(q) 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.
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| Source Note: The provisions of this §139.60 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective April 15, 2021, 46 TexReg 2423; amended to be effective January 6, 2022, 46 Texreg 9306; amended to be effective August 18, 2024, 49 TexReg 6217 |
