Section 139.24 - Change of Ownership or Services, Change of Physical Location, and Closure of a Licensed Abortion Facility(a) The following provisions apply to change of ownership of the licensed abortion facility and affect the condition of a license. (1) A licensee shall not transfer or assign its license from one person to another person.(2) The licensed abortion facility shall not materially alter any license issued by the commission.(3) A person who desires to receive a license in its name for a facility licensed under the name of another person or to change the ownership of any facility shall submit an initial license application and the initial license fee at least 60 calendar days prior to the desired date of the change of ownership. The application shall be in accordance with § 139.23(c) of this title (relating to Application Procedures and Issuance of Licenses).(4) An application for a change of ownership shall include a notarized affidavit signed by the previous owner acknowledging agreement with the change of ownership. If the applicant is a corporation, the application shall include a copy of the applicant's articles of incorporation. If the applicant is a business entity other than a corporation, the applicant shall include a copy of the sales agreement.(5) The commission shall conduct an on-site inspection prior to the issuance of an initial license to the new owner of the facility, in accordance with § 139.23(c) of this title.(6) The previous owner's license shall be void on the effective date of the change of ownership.(7) This subsection does not apply if a licensee is simply revising its name as allowed by law (i.e., a corporation is amending the articles of incorporation to revise its name).(8) The sale of stock of a corporate licensee does not cause this subsection to apply.(b) The following provisions apply to a change of physical location of the licensed abortion facility and affect the condition of a license. (1) A facility that intends to move its operations to a different physical location shall notify the commission at least 60 days in advance of the relocation. (2) A facility must apply for an initial license for the new physical location, submit the required initial license fee, and meet all requirements for an initial license in accordance with § 139.23(c) of this title.(c) The following business changes affect the condition of a license and shall be reported to the commission. (1) If a licensed abortion facility changes its business name, business mailing address, telephone number of the facility, administrator's telephone number, or fax number (if available), the administrator shall notify the commission in writing within 15 calendar days after the effective date of the change.(2) If a licensed abortion facility changes its administrator, the facility shall provide the name of the new administrator and effective date to the commission in writing no later than 15 calendar days following such change.(d) The licensee shall notify the commission at least 30 days in advance of a relocation.(e) The licensee shall notify the commission in writing within 15 calendar days when a licensed abortion facility ceases operation. The licensee shall return the original license to the commission .(f) A licensed abortion facility shall have a written policy for the preservation and release of active and inactive medical records in the event the facility closes.25 Tex. Admin. Code § 139.24
The provisions of this §139.24 adopted to be effective June 28, 2009, 34 TexReg 4125; Amended by Texas Register, Volume 44, Number 12, March 22, 2019, TexReg 1532, eff. 3/26/2019