Sec. 245.010. MINIMUM STANDARDS  


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  • (a) The rules must contain minimum standards to protect the health and safety of a patient of an abortion facility and must contain provisions requiring compliance with the requirements of Subchapter B, Chapter 171.

    (b) Only a physician as defined by Subtitle B, Title 3, Occupations Code, may perform an abortion.

    (c) The standards may not be more stringent than Medicare certification standards, if any, for:

    (1) qualifications for professional and nonprofessional personnel;

    (2) supervision of professional and nonprofessional personnel;

    (3) medical treatment and medical services provided by an abortion facility and the coordination of treatment and services, including quality assurance;

    (4) sanitary and hygienic conditions within an abortion facility;

    (5) the equipment essential to the health and welfare of the patients;

    (6) clinical records kept by an abortion facility; and

    (7) management, ownership, and control of the facility.

    (d) This section does not authorize the board to:

    (1) establish the qualifications of a licensed practitioner; or

    (2) permit a person to provide health care services who is not authorized to provide those services under other laws of this state.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 23, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.789, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 999, Sec. 4, eff. Sept. 1, 2003.