<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 139ABORTION FACILITY REPORTING AND LICENSING
SUBCHAPTER DMINIMUM STANDARDS FOR LICENSED ABORTION FACILITIES
RULE §139.50Disclosure Requirements

(a) At the time a woman on whom the abortion is to be performed initially consults with a licensed abortion facility, the facility shall comply with the following.

  (1) Provide the woman with a written statement indicating the number of the toll-free telephone line which is maintained by the department to provide specific information relating to licensed abortion facilities in Texas. The statement shall be in accordance with §139.6 of this title (relating to Public Information; Toll-Free Telephone Number).

  (2) Provide the woman with a written statement identifying the department as the responsible agency for facility complaint investigations. The statement shall inform persons to register complaints with the Manager, Health Facility Compliance Group, Department of State Health Services, Post Office Box 149347, Austin, Texas 78714-9347. Complaints shall be registered with the department in writing. A complainant shall provide his/her name. All complaints shall be confidential.

  (3) Provide the woman with a copy of the department's "A Woman's Right to Know" booklet created for women seeking an abortion, if the woman chooses to view it.

  (4) Provide the woman with a copy of the department's "A Woman's Right to Know" resource directory (required by Health and Safety Code, §171.015), if the woman chooses to view it.

  (5) Inform the woman of her option to view the department's "A Woman's Right to Know" booklet and resource directory on the World Wide Web and provide her with the Internet address for obtaining the information.

  (6) Provide the woman with a written statement that she may call the department at (888) 973-0022, if the facility does not provide her with the information required in paragraphs (3) and (4) of this subsection.

(b) The facility shall ensure that the woman on whom the abortion is to be performed has been provided with all information required for voluntary and informed consent, as mandated by Health and Safety Code, §171.012(a)(1) and (2) at least 24 hours prior to the abortion procedure.

(c) The facility shall initiate a clinical record for the woman on whom the abortion is to be performed at the time of the initial consultation. The following information pertaining to disclosure, as described in this section, shall be documented in the clinical record:

  (1) the date and time of the initial consultation;

  (2) the method by the which the information required under subsections (a) and (b) of this section was provided; and

  (3) the name and title of individual(s) who provided or verified the information required under subsections (a) and (b) of this section.


Source Note: The provisions of this §139.50 adopted to be effective June 28, 2009, 34 TexReg 4125

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar