Tex.
Health & Safety Code Section 245.004
Exemptions from Licensing Requirement
(a)
The following facilities need not be licensed under this chapter:(1)
a hospital licensed under Chapter 241 (Texas Hospital Licensing Law); or(2)
the office of a physician licensed under Subtitle B, Title 3, Occupations Code, unless the office is used for the purpose of performing more than 50 abortions in any 12-month period.(b)
In computing the number of abortions performed in the office of a physician under Subsection (a)(2), an abortion performed in accordance with Section 245.016 (Abortion in Unlicensed Abortion Facility to Prevent Death or Serious Impairment) is not included.(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 (Ambulatory Surgical Centers).(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.
Source:
Section 245.004 — Exemptions from Licensing Requirement, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.245.htm#245.004 (accessed Jun. 5, 2024).
