Section 245.004 - [Second of two versions] Exemptions From Licensing Requirement(a) The following facilities need not be licensed under this chapter: (1) a hospital licensed under Chapter 241 (Texas Hospital Licensing Law);(2) the office of a physician licensed under Subtitle B, Title 3, Occupations Code, unless the office is used substantially for the purpose of performing abortions; or(3) an ambulatory surgical center licensed under Chapter 243.(b) For purposes of this section, a facility is used substantially for the purpose of performing abortions if the facility: (1) is a provider for performing: (A) at least 10 abortion procedures during any month; or(B) at least 100 abortion procedures in a year;(2) operates less than 20 days in a month and the facility, in any month, is a provider for performing a number of abortion procedures that would be equivalent to at least 10 procedures in a month if the facility were operating at least 20 days in a month;(3) holds itself out to the public as an abortion provider by advertising by any public means, including advertising placed in a newspaper, telephone directory, magazine, or electronic medium, that the facility performs abortions; or(4) applies for an abortion facility license.(c) For purposes of this section, an abortion facility is operating if the facility is open for any period of time during a day and has on site at the facility or on call a physician available to perform abortions.Tex. Health and Safety Code § 245.004
Amended By Acts 2003, 78th Leg., ch. 999, Sec. 2, eff. 9/1/2003.Amended By Acts 2001, 77th Leg., ch. 1420, Sec. 14.788, eff. 9/1/2001Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 22.01, eff. 9/1/1999 Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.