Section 139.46 - Licensed Abortion Facility Staffing Requirements and QualificationsA licensed abortion facility shall have an adequate number of personnel qualified under this section available to provide direct patient care as needed by all patients; and administrative and nonclinical services needed to maintain the operation of the facility in accordance with the provisions of the Act and this chapter.
(1) Medical consultant. The medical consultant shall be a physician.(2) Administrator. (A) The administrator shall be at least 18 years of age, and shall meet at least one of the following qualifications: (i) be a licensed health care professional;(ii) have a baccalaureate degree, a postgraduate degree, or a professional degree and one year administrative experience in a health care or health-related field; or(iii) have a minimum of two years of administrative experience in a health care or health-related facility.(B) The administrator shall not have been employed in the last year as an administrator with another abortion facility or health-related facility at the time the facility was cited for violations of a licensing law or rule which resulted in enforcement action taken against the abortion facility or health-related facility. For purposes of this subparagraph only, the term "enforcement action" means license revocation, suspension, emergency suspension, probation, denial or injunctive action, but does not include administrative penalties or civil penalties. If the department prevails in one enforcement action (e.g., injunctive action) against the facility but also proceeds with another enforcement action (e.g., revocation) based on some or all of the same violations, but the department does not prevail in the second enforcement action (e.g., the facility prevails), the prohibition in this paragraph does not apply.(C) The administrator shall not have been convicted of a felony or misdemeanor listed in § 139.32 of this title (relating to License Denial, Suspension, Probation, or Revocation).(3) Direct patient care staff. (A) Medical staff. The medical staff shall include a physician and may include an advanced practice registered nurse or a physician assistant.(B) Nursing staff. The nursing staff shall include a registered nurse(s) or a licensed vocational nurse(s).(C) Education and information staff. Staff providing education and information services at the facility shall be a person(s) who is trained to provide information on surgical abortion procedures, medical abortions, alternatives to abortion, consent form, and family planning services, and meets at least one of the following additional qualifications: (i) has one year experience in a health care facility;(ii) has a baccalaureate degree; or(iii) is a licensed professional mental health practitioner who provides therapeutic intervention.(D) Laboratory staff. The laboratory staff shall include a person(s) who is trained to provide the laboratory services for the facility as determined by the medical consultant.(4) Ancillary staff. Ancillary staff may include professional or nonprofessional staff who shall have training and experience to perform duties as prescribed by the administrator and the medical consultant as needed.25 Tex. Admin. Code § 139.46
The provisions of this §139.46 adopted to be effective June 28, 2009, 34 TexReg 4125