Relating to the licensing of abortion facilities, including fees, and providing penalties

This bill relates to the licensing and inspection of abortion facilities including those that provide medication abortions. The bill prohibits a person from establishing or operating an abortion facility in the state without an appropriate license. Each abortion facility shall have a separate license, and the license is not transferable or assignable. The bill provides that a hospital licensed pursuant to Code chapter 135B, and the office of a licensed physician who does not primarily perform abortions, are exempt from the licensing requirements. The bill provides for application for a license, accompanied by a nonrefundable license fee in an amount, not to exceed $2,000, established by administrative rule of the department of inspections and appeals (DIA). The application shall contain evidence that there is at least one licensed physician on the staff of the facility. DIA shall issue a license if, after inspection, DIA finds that the applicant and the abortion facility meet the requirements of the bill and the administrative rules adopted to administer the bill. As a condition for renewal of a license, a licensee shall submit an annual license renewal fee, not to exceed $2,000, as established by administrative rule of DIA. DIA is required to inspect an abortion facility prior to initial issuance of the facility’s license and annually prior to renewal of the license, and may inspect an abortion facility at reasonable times as necessary to ensure compliance with the bill. DIA shall adopt administrative rules for the issuance, renewal, denial, suspension, and revocation of a license to operate an abortion facility; and to establish minimum standards to protect the health and safety of a patient of an abortion facility. The minimum standards shall be evidence-based and shall address facility safety and sanitation; the qualifications and supervision of professional and other personnel; emergency equipment and procedures to provide emergency care; medical records and reports; procedure and recovery rooms; infection control; medication control; quality assurance; facility and laboratory equipment requirements, sanitation, testing, and maintenance; information on and access to patient follow-up care; and patient screening, assessment, and monitoring. A facility that does not comply with the licensing and inspection requirements of the bill is subject to denial, suspension, or revocation of a license to operate an abortion facility.