Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING
Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES
Section 139.46 - Licensed Abortion Facility Staffing Requirements and Qualifications
Universal Citation: 25 TX Admin Code ยง 139.46
Current through Reg. 49, No. 38; September 20, 2024
A licensed abortion facility shall have an adequate number of personnel qualified under this section available to provide direct patient care as needed by all patients; and administrative and nonclinical services needed to maintain the operation of the facility in accordance with the provisions of the Act and this chapter.
(1) Medical consultant. The medical consultant shall be a physician.
(2) Administrator.
(A) The administrator shall be at least 18
years of age, and shall meet at least one of the following qualifications:
(i) be a licensed health care
professional;
(ii) have a
baccalaureate degree, a postgraduate degree, or a professional degree and one
year administrative experience in a health care or health-related field;
or
(iii) have a minimum of two
years of administrative experience in a health care or health-related
facility.
(B) The
administrator shall not have been employed in the last year as an administrator
with another abortion facility or health-related facility at the time the
facility was cited for violations of a licensing law or rule which resulted in
enforcement action taken against the abortion facility or health-related
facility. For purposes of this subparagraph only, the term "enforcement action"
means license revocation, suspension, emergency suspension, probation, denial
or injunctive action, but does not include administrative penalties or civil
penalties. If the department prevails in one enforcement action (e.g.,
injunctive action) against the facility but also proceeds with another
enforcement action (e.g., revocation) based on some or all of the same
violations, but the department does not prevail in the second enforcement
action (e.g., the facility prevails), the prohibition in this paragraph does
not apply.
(C) The administrator
shall not have been convicted of a felony or misdemeanor listed in §
139.32
of this title (relating to License Denial, Suspension, Probation, or
Revocation).
(3) Direct patient care staff.
(A) Medical staff. The
medical staff shall include a physician and may include an advanced practice
registered nurse or a physician assistant.
(B) Nursing staff. The nursing staff shall
include a registered nurse(s) or a licensed vocational nurse(s).
(C) Education and information staff. Staff
providing education and information services at the facility shall be a
person(s) who is trained to provide information on surgical abortion
procedures, medical abortions, alternatives to abortion, consent form, and
family planning services, and meets at least one of the following additional
qualifications:
(i) has one year experience
in a health care facility;
(ii) has
a baccalaureate degree; or
(iii) is
a licensed professional mental health practitioner who provides therapeutic
intervention.
(D)
Laboratory staff. The laboratory staff shall include a person(s) who is trained
to provide the laboratory services for the facility as determined by the
medical consultant.
(4) Ancillary staff. Ancillary staff may include professional or nonprofessional staff who shall have training and experience to perform duties as prescribed by the administrator and the medical consultant as needed.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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