Tex. Health and Safety Code § 245.004
This is the official text of Tex. Health and Safety Code § 245.004, part of Texas’s Health and Safety Code — covers public health and safety regulation.
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§ 245.004. EXEMPTIONS FROM LICENSING REQUIREMENT.
Official statutory text
(a) The following facilities need not be licensed under this chapter:
(1) a hospital licensed under Chapter 241 (Texas Hospital Licensing Law);
(2) the office of a physician licensed under Subtitle B, Title 3, Occupations Code, unless the office is used substantially for the purpose of performing abortions; or
(3) an ambulatory surgical center licensed under Chapter 243.
(b) For purposes of this section, a facility is used substantially for the purpose of performing abortions if the facility:
(1) is a provider for performing:
(A) at least 10 abortion procedures during any month; or
(B) at least 100 abortion procedures in a year;
(2) operates less than 20 days in a month and the facility, in any month, is a provider for performing a number of abortion procedures that would be equivalent to at least 10 procedures in a month if the facility were operating at least 20 days in a month;
(3) holds itself out to the public as an abortion provider by advertising by any public means, including advertising placed in a newspaper, telephone directory, magazine, or electronic medium, that the facility performs abortions; or
(4) applies for an abortion facility license.
(c) For purposes of this section, an abortion facility is operating if the facility is open for any period of time during a day and has on site at the facility or on call a physician available to perform abortions.
(1) a hospital licensed under Chapter 241 (Texas Hospital Licensing Law);
(2) the office of a physician licensed under Subtitle B, Title 3, Occupations Code, unless the office is used substantially for the purpose of performing abortions; or
(3) an ambulatory surgical center licensed under Chapter 243.
(b) For purposes of this section, a facility is used substantially for the purpose of performing abortions if the facility:
(1) is a provider for performing:
(A) at least 10 abortion procedures during any month; or
(B) at least 100 abortion procedures in a year;
(2) operates less than 20 days in a month and the facility, in any month, is a provider for performing a number of abortion procedures that would be equivalent to at least 10 procedures in a month if the facility were operating at least 20 days in a month;
(3) holds itself out to the public as an abortion provider by advertising by any public means, including advertising placed in a newspaper, telephone directory, magazine, or electronic medium, that the facility performs abortions; or
(4) applies for an abortion facility license.
(c) For purposes of this section, an abortion facility is operating if the facility is open for any period of time during a day and has on site at the facility or on call a physician available to perform abortions.
Status: in_force · Read it on the official government site
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