Texas 2021 - 87th Regular

Texas House Bill HB4549 Latest Draft

Bill / Introduced Version Filed 03/12/2021

                            87R12247 MCF-D
 By: Ramos H.B. No. 4549


 A BILL TO BE ENTITLED
 AN ACT
 relating to minimum standards for pregnancy resource centers.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is
 amended by adding Chapter 174 to read as follows:
 CHAPTER 174. PREGNANCY RESOURCE CENTERS
 Sec. 174.001.  DEFINITION. In this chapter, "pregnancy
 resource center" means an organization, including a pregnancy
 counseling organization, crisis pregnancy center, pregnancy care
 center, or pregnancy support center, that for a fee or free of
 charge provides pregnancy counseling or information but:
 (1)  does not perform abortions or make referrals to an
 abortion provider;
 (2)  does not provide or make referrals for
 comprehensive birth control services;
 (3)  is not licensed or certified by this state or the
 federal government to provide medical or health care services; and
 (4)  is not required to have a physician under contract
 to provide or directly supervise all health care services provided
 by the organization.
 Sec. 174.002.  MINIMUM STANDARDS. (a)  The executive
 commissioner by rule shall prescribe minimum standards for
 pregnancy resource centers.
 (b)  The minimum standards must protect the health and safety
 of a patient of a pregnancy resource center and contain provisions
 requiring compliance with the requirements of Subchapter B, Chapter
 171. On and after September 1, 2021, the minimum standards for a
 pregnancy resource center must be equivalent to the minimum
 standards adopted for ambulatory surgical centers under Section
 243.010.
 (c)  Pregnancy resource centers must have at least one
 licensed obstetrician or gynecologist present when providing
 services to a patient.
 (d)  This section does not authorize the executive
 commissioner to:
 (1)  establish the qualifications of a licensed health
 care practitioner; or
 (2)  allow a person to provide health care services who
 is not authorized to provide those services under other laws of this
 state.
 (e)  A pregnancy resource center or health care practitioner
 that violates this section is subject to disciplinary action by the
 state agency that regulates the center or practitioner as if the
 center or practitioner had violated the applicable licensing law.
 SECTION 2.  Not later than January 1, 2022, the executive
 commissioner of the Health and Human Services Commission shall
 adopt rules necessary to implement Chapter 174, Health and Safety
 Code, as added by this Act.
 SECTION 3.  This Act takes effect September 1, 2021.