Texas 2009 - 81st Regular

Texas House Bill HB2592 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Thompson H.B. No. 2592
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to alternatives to abortion organizations; imposing a
7	7	civil penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
10	10	amended by adding Chapter 173 to read as follows:
11	11	CHAPTER 173. ALTERNATIVES TO ABORTION ORGANIZATIONS
12	12	Sec. 173.001. DEFINITIONS. In this chapter:
13	13	(1) "Alternatives to abortion organization" means an
14	14	organization, including a pregnancy counseling organization or
15	15	crisis pregnancy center, that for a fee or as a free service
16	16	provides pregnancy counseling or information but does not perform
17	17	an abortion or refer a female to an abortion provider. The term
18	18	does not include a licensed health care provider, a hospital, or a
19	19	family planning clinic that provides abortions or contraception or
20	20	provides abortion or contraception referrals.
21	21	(2) "Commission" means the Health and Human Services
22	22	Commission.
23	23	(3) "Health care practitioner" means a physician,
24	24	midwife, physician assistant, or nurse authorized to provide health
25	25	care services under Subtitle B, C, or E, Title 3, Occupations Code.
26	26	(4) "Licensed counselor" means a person licensed as a
27	27	counseling or mental health professional under Chapter 501, 502,
28	28	503, or 505, Occupations Code.
29	29	(5) "Patient" means a woman seeking information,
30	30	assistance, or other services from an alternatives to abortion
31	31	organization.
32	32	Sec. 173.002. LICENSE. (a) An alternatives to abortion
33	33	organization may be licensed under this chapter.
34	34	(b) An alternatives to abortion organization may not
35	35	directly or indirectly receive state money or other assistance
36	36	unless the organization is licensed under this chapter.
37	37	(c) A license issued under this chapter is not transferable
38	38	or assignable.
39	39	Sec. 173.003. LICENSE APPLICATION AND ISSUANCE. (a) An
40	40	applicant for an alternatives to abortion organization license must
41	41	submit an application to the commission on a form prescribed by the
42	42	commission.
43	43	(b) Each application must be accompanied by a nonrefundable
44	44	license fee in an amount set by the commission.
45	45	(c) The application must contain evidence that:
46	46	(1) at least one health care practitioner is on the
47	47	organization's staff; or
48	48	(2) at least one licensed counselor is on the
49	49	organization's staff.
50	50	(d) The commission shall issue a license to the applicant
51	51	if, after inspection and investigation, it finds that the
52	52	alternatives to abortion organization meets the requirements of
53	53	this chapter and the standards adopted under this chapter.
54	54	(e) As a condition for renewal of a license, the license
55	55	holder must submit to the commission the annual license renewal
56	56	fee.
57	57	(f) Information regarding the licensing status of an
58	58	alternatives to abortion organization is an open record for the
59	59	purposes of Chapter 552, Government Code, and shall be made
60	60	available by the commission on request.
61	61	Sec. 173.004. INSPECTIONS. (a) The commission may inspect
62	62	a licensed alternatives to abortion organization, or an applicant
63	63	for a license, at reasonable times as necessary to ensure
64	64	compliance with this chapter.
65	65	(b) The commission shall inspect an alternatives to
66	66	abortion organization before renewing the organization's license
67	67	under Section 173.003(e).
68	68	Sec. 173.005. FEES. The commission shall set fees imposed
69	69	by this chapter in amounts reasonable and necessary to defray the
70	70	cost of administering this chapter.
71	71	Sec. 173.006. ALTERNATIVES TO ABORTION ORGANIZATION
72	72	LICENSING FUND. All fees collected under this chapter shall be
73	73	deposited in the state treasury to the credit of the alternatives to
74	74	abortion organization licensing fund and may be appropriated only
75	75	to the commission to administer and enforce this chapter.
76	76	Sec. 173.007. ADOPTION OF RULES. The executive
77	77	commissioner of the commission shall adopt rules necessary to
78	78	implement this chapter, including requirements for the issuance,
79	79	renewal, denial, suspension, and revocation of a license.
80	80	Sec. 173.008. MINIMUM STANDARDS. (a) The rules adopted
81	81	under Section 173.007 must contain minimum standards for licensed
82	82	alternatives to abortion organizations to protect the health and
83	83	safety of a patient.
84	84	(b) The standards may not be more stringent than Medicare
85	85	certification standards, if any, for:
86	86	(1) qualifications for professional and
87	87	nonprofessional personnel;
88	88	(2) supervision of professional and nonprofessional
89	89	personnel;
90	90	(3) sanitary and hygienic conditions within an
91	91	alternatives to abortion organization;
92	92	(4) the equipment essential to the health and welfare
93	93	of a patient;
94	94	(5) clinical records kept by an alternatives to
95	95	abortion organization; and
96	96	(6) management, ownership, and control of the
97	97	organization.
98	98	(c) This section does not authorize the commission to:
99	99	(1) establish the qualifications of a licensed
100	100	practitioner; or
101	101	(2) permit a person to provide health care services
102	102	who is not authorized to provide those services under other laws of
103	103	this state.
104	104	Sec. 173.009. PRIVACY REQUIREMENTS; USE OF INFORMATION.
105	105	(a) An alternatives to abortion organization may not reveal a
106	106	patient's name or health information or any other identifying
107	107	information without the patient's written consent.
108	108	(b) An alternatives to abortion organization must comply
109	109	with Section 181.152.
110	110	(c) This section applies without regard to whether the
111	111	alternatives to abortion organization is licensed.
112	112	Sec. 173.010. DISCIPLINARY ACTION. (a) An alternatives to
113	113	abortion organization that violates Section 173.009 is ineligible
114	114	to receive state funding.
115	115	(b) If the commission determines an alternatives to
116	116	abortion organization violated Section 173.009, the commission
117	117	shall withhold state money otherwise to be provided to the
118	118	organization. The organization is liable to this state for any
119	119	money the organization has already received from the state during
120	120	the state fiscal year in which the determination is made. The
121	121	organization is not eligible for state funding before the first
122	122	anniversary of the date of the commission determination. The
123	123	attorney general in the name of the state may bring an action to
124	124	recover amounts owed to the state under this section.
125	125	(c) If the commission determines that an alternatives to
126	126	abortion organization that does not receive state money or other
127	127	assistance violated this chapter, the attorney general, at the
128	128	request of the commission, shall bring an action to impose a civil
129	129	penalty in an amount not to exceed $5,000 for each violation.
130	130	(d) An alternatives to abortion organization may appeal a
131	131	commission determination under this section to the State Office of
132	132	Administrative Hearings. An appeal under this subsection is a
133	133	contested case under Chapter 2001, Government Code.
134	134	SECTION 2. This Act takes effect September 1, 2009.