Section 139.60 - Other State and Federal Compliance Requirements(a) A licensed abortion facility shall be in compliance with all state and federal laws pertaining to handling of drugs.(b) A licensed abortion facility that provides laboratory services shall meet the Clinical Laboratory Improvement Amendments of 1988, 42 United States Code § 263a, Certification of Laboratories (CLIA 1988). CLIA 1988 applies to all facilities with laboratories that examine human specimens for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.(c) A licensed abortion facility shall ensure that its physicians comply with the Medical Practice Act, Texas Occupations Code Chapters 151 - 160 and 162 - 165, while functioning in his or her capacity at or for the facility.(d) A licensed abortion facility utilizing physician assistant services shall ensure that its physician assistants comply with the Physician Assistant Licensing Act, Texas Occupations Code Chapter 204, while functioning in his or her capacity at or for the facility.(e) A licensed abortion facility utilizing registered nurse services shall ensure that its registered nurses comply with the Nursing Practice Act, Texas Occupations Code Chapters 301 and 304, while functioning in his or her capacity at or for the facility.(f) A licensed abortion facility utilizing licensed vocational nurse services shall ensure that its vocational nurses comply with the Nursing Practice Act, Texas Occupations Code Chapters 301 and 304, while functioning in his or her capacity at or for the facility.(g) A licensed abortion facility that provides pharmacy services shall obtain a license as a pharmacy if required by the Texas Pharmacy Act, Texas Occupations Code Chapters 551 - 569.(h) A licensed abortion facility shall comply with the following federal Occupational Safety and Health Administration requirements:(1) 29 Code of Federal Regulations (CFR), Subpart E, §1910.38 and §1910.39;(2)29 CFR, Subpart I, § 1910.132;(3)29 CFR, Subpart I, § 1910.133;(4)29 CFR, Subpart I, § 1910.138;(5)29 CFR, Subpart K, § 1910.151;(6)29 CFR, Subpart L, § 1910.157;(7)29 CFR, Subpart Z, § 1910.1030; and(8)29 CFR, Subpart Z, § 1910.1200, Appendices A - E.(i) A licensed abortion facility shall not use adulterated or misbranded drugs or devices in violation of the Texas Health and Safety Code § 431.021. Adulterated drugs and devices are described in Texas Health and Safety Code § 431.111. Misbranded drugs or devices are described in Texas Health and Safety Code § 431.112.(j) A licensed abortion facility shall not commit a false, misleading, or deceptive act or practice as that term is defined in the Deceptive Trade Practices-Consumer Protection Act, Business and Commerce Code §17.46.(k) A licensed abortion facility shall comply with the requirements of the Texas Family Code § 33.002.(l) A licensed abortion facility shall comply with the requirements of Texas Health and Safety Code Chapter 171.(m) A licensed abortion facility shall comply with the requirements of Texas Occupations Code Chapter 102.(n) A licensed abortion facility shall comply with the following balance billing requirements. (1) A licensed abortion facility may not violate a law that prohibits the licensed abortion facility from billing a patient who is an insured, participant, or enrollee in a managed care plan an amount greater than an applicable copayment, coinsurance, and deductible under the insured's, participant's, or enrollee's managed care plan or that imposes a requirement related to that prohibition.(2) A licensed abortion facility shall comply with Senate Bill 1264, 86th Legislature, Regular Session, 2019, and with related Texas Department of Insurance rules at 28 TAC Chapter 21, Subchapter OO, §§21.4901 - 21.4904 (relating to Disclosures by Out-of-Network Providers) to the extent this subchapter applies to the licensed abortion facility.(o) A licensed abortion facility shall comply with the itemized bill requirements under Texas Health and Safety Code § 185.002.(p) A licensed abortion facility shall comply with human trafficking signage requirements in accordance with Texas Health and Safety Code § 245.025.(q) A licensed abortion facility shall not discriminate based on a patient's disability and shall comply with Texas Health and Safety Code Chapter 161, Subchapter S.25 Tex. Admin. Code § 139.60
The provisions of this §139.60 adopted to be effective June 28, 2009, 34 TexReg 4125; Amended by Texas Register, Volume 46, Number 15, April 9, 2021, TexReg 2423, eff. 4/15/2021; Amended by Texas Register, Volume 46, Number 53, December 31, 2021, TexReg 9306, eff. 1/6/2022; Amended by Texas Register, Volume 49, Number 33, August 16, 2024, TexReg 6217, eff. 8/18/2024