Section 139.47 - Licensed Abortion Facility Administration(a) The administrator shall be responsible for implementing and supervising the administrative policies of the facility.(b) The administrator shall: (1) employ a qualified staff adequate in number to:(A) provide the medical and clinical services;(B) provide the nonclinical services; and(C) maintain the abortion facility;(2) ensure that employment of personnel is without regard to age, race, color, religion, national origin, sex, or disability;(3) ensure that all medical and clinical personnel hold current Texas licenses to practice their respective disciplines/professions, if applicable;(4) develop and make available to all staff and the department, a policy and procedure manual including protocols and description of the roles and responsibilities of all personnel;(5) ensure that assignment of duties and functions to each employee are commensurate with his/her licensure, certification, and experience and competence;(6) ensure that staff receive training, education, and orientation to their specific job description, facility personnel policies, philosophy, and emergency procedures in accordance with this section;(7) schedule employee evaluations;(8) maintain employee and patient records;(9) ensure the accuracy of public education information materials and activities in relation to abortion, birth control, and sexually-transmitted diseases. The department shall be the primary resource for human immunodeficiency virus (HIV) education, prevention, risk reduction materials, policies, and information. Educational materials may be obtained by writing or calling the Department of State Health Services Warehouse, Literature and Forms, 1100 West 49th Street Austin, Texas 78756, (512) 458-7761;(10) implement an effective budgeting, accounting, and auditing system for receipt of state or federal funds;(11) ensure that all advertisements for the facility include the unique identifying license number assigned by the department in accordance with § 139.7 of this title (relating to Unique Identifying Number; Disclosure in Advertisement);(12) ensure that a woman on whom the abortion is to be performed, at the time of initial on-site consultation, receives the information required to be disclosed under § 139.50 of this title (relating to Disclosure Requirements); and(13) ensure that the reporting requirements of § 139.4 of this title (relating to Annual Reporting Requirements for All Abortions Performed) are performed.(c) A licensed abortion facility shall report violations of practice acts and conditions of license for its licensed health care professional(s) to the appropriate licensing board. If the patient is unsatisfied with the facility's findings, the facility shall provide the complainant with the name, address, and telephone number of the appropriate licensing board. The facility shall document the review and action taken by the facility.25 Tex. Admin. Code § 139.47
The provisions of this §139.47 adopted to be effective June 28, 2009, 34 TexReg 4125