Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 139 - ABORTION FACILITY REPORTING AND LICENSING › Subchapter D - MINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES › Section 139.60 - Other State and Federal Compliance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(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, 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 the services of a physician assistant(s) shall
				  ensure that its physician assistants comply with the Physician Assistant
				  Licensing Act, Occupations Code, Chapter 204, while functioning in his or her
				  capacity at or for the facility.
(e) A licensed abortion facility utilizing
				  the services of a registered nurse shall ensure that its registered nurses
				  comply with the Nursing Practice Act, Occupations Code, Chapters 301 and 304,
				  while functioning in his or her capacity at or for the facility.
(f) A licensed abortion facility utilizing
				  the services of a licensed vocational nurse(s) shall ensure that its vocational
				  nurse(s) comply with the Nursing Practice Act, 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, 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, Subpart E, §1910.38, concerning emergency action plan
				  and §1910.39, concerning fire prevention plans;
(2) 29 Code of Federal Regulations, Subpart
				  I, §1910.132, concerning general requirements for personal protective
				  equipment;
(3) 29 Code of Federal
				  Regulations, Subpart I, §1910.133, concerning eye and face
				  protection;
(4) 29 Code of Federal
				  Regulations, Subpart I, §1910.138, concerning hand protection;
(5) 29 Code of Federal Regulations, Subpart
				  K, §1910.151, concerning medical services and first aid;
(6) 29 Code of Federal Regulations, Subpart
				  L, §1910.157, concerning portable fire extinguishers;
(7) 29 Code of Federal Regulations, Subpart
				  Z, §1910.1030, concerning bloodborne pathogens; and
(8) 29 Code of Federal Regulations, Subpart
				  Z, §1910.1200, Appendices A - E, concerning hazard communication
				  (hazardous use of chemicals).