| 1 | 1 | | 87R12247 MCF-D |
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| 2 | 2 | | By: Ramos H.B. No. 4549 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to minimum standards for pregnancy resource centers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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| 10 | 10 | | amended by adding Chapter 174 to read as follows: |
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| 11 | 11 | | CHAPTER 174. PREGNANCY RESOURCE CENTERS |
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| 12 | 12 | | Sec. 174.001. DEFINITION. In this chapter, "pregnancy |
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| 13 | 13 | | resource center" means an organization, including a pregnancy |
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| 14 | 14 | | counseling organization, crisis pregnancy center, pregnancy care |
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| 15 | 15 | | center, or pregnancy support center, that for a fee or free of |
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| 16 | 16 | | charge provides pregnancy counseling or information but: |
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| 17 | 17 | | (1) does not perform abortions or make referrals to an |
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| 18 | 18 | | abortion provider; |
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| 19 | 19 | | (2) does not provide or make referrals for |
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| 20 | 20 | | comprehensive birth control services; |
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| 21 | 21 | | (3) is not licensed or certified by this state or the |
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| 22 | 22 | | federal government to provide medical or health care services; and |
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| 23 | 23 | | (4) is not required to have a physician under contract |
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| 24 | 24 | | to provide or directly supervise all health care services provided |
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| 25 | 25 | | by the organization. |
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| 26 | 26 | | Sec. 174.002. MINIMUM STANDARDS. (a) The executive |
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| 27 | 27 | | commissioner by rule shall prescribe minimum standards for |
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| 28 | 28 | | pregnancy resource centers. |
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| 29 | 29 | | (b) The minimum standards must protect the health and safety |
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| 30 | 30 | | of a patient of a pregnancy resource center and contain provisions |
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| 31 | 31 | | requiring compliance with the requirements of Subchapter B, Chapter |
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| 32 | 32 | | 171. On and after September 1, 2021, the minimum standards for a |
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| 33 | 33 | | pregnancy resource center must be equivalent to the minimum |
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| 34 | 34 | | standards adopted for ambulatory surgical centers under Section |
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| 35 | 35 | | 243.010. |
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| 36 | 36 | | (c) Pregnancy resource centers must have at least one |
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| 37 | 37 | | licensed obstetrician or gynecologist present when providing |
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| 38 | 38 | | services to a patient. |
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| 39 | 39 | | (d) This section does not authorize the executive |
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| 40 | 40 | | commissioner to: |
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| 41 | 41 | | (1) establish the qualifications of a licensed health |
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| 42 | 42 | | care practitioner; or |
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| 43 | 43 | | (2) allow a person to provide health care services who |
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| 44 | 44 | | is not authorized to provide those services under other laws of this |
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| 45 | 45 | | state. |
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| 46 | 46 | | (e) A pregnancy resource center or health care practitioner |
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| 47 | 47 | | that violates this section is subject to disciplinary action by the |
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| 48 | 48 | | state agency that regulates the center or practitioner as if the |
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| 49 | 49 | | center or practitioner had violated the applicable licensing law. |
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| 50 | 50 | | SECTION 2. Not later than January 1, 2022, the executive |
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| 51 | 51 | | commissioner of the Health and Human Services Commission shall |
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| 52 | 52 | | adopt rules necessary to implement Chapter 174, Health and Safety |
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| 53 | 53 | | Code, as added by this Act. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2021. |
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