Section 139.3 - Unlicensed Facility(a) If the Department of State Health Services (department) has reason to believe that a person or facility may be providing abortion services without a license as required by the Act and this chapter, the department shall notify the person or facility in writing by certified mail, return receipt requested. The person or facility shall submit to the department the following information within 10 days of receipt of the notice:(1) an application for a license and the license fee; or(2) a notarized affidavit to support exemption under Health and Safety Code, § 245.004, including any and all documentation. The notarized affidavit shall attest to the fact that the person or facility is exempt from licensing as specified in § 139.1(b) of this title (relating to Purpose and Scope). The form of notarized affidavit to support exemption shall be provided by the department.(b) If the person or facility has submitted an application for a license, the application shall be processed in accordance with § 139.23 of this title (relating to Application Procedures and Issuance of Licenses).(c) If the person or facility fails to respond to the notice, either by submitting an application for a license or a notarized affidavit of exemption, the department may seek injunctive relief as prescribed in Health and Safety Code, Chapter 245.25 Tex. Admin. Code § 139.3
The provisions of this §139.3 adopted to be effective June 28, 2009, 34 TexReg 4125