(a) Purpose. The purpose of this chapter is to implement the Texas Abortion Facility Reporting and Licensing Act, Health and Safety Code, Chapter 245, which provides the Department of State Health Services with the authority to establish rules governing the licensing and regulation of abortion facilities and to establish annual reporting requirements for each abortion performed. This chapter also implements the Woman's Right to Know Act, Health and Safety Code, Chapter 171.
(b) Scope and applicability.
  (1) Licensing requirements.
    (A) A person may not establish or operate an abortion facility in Texas without a license issued under this chapter unless the person is exempt from licensing requirements.
    (B) The following need not be licensed under this chapter:
      (i) a hospital licensed under Health and Safety Code, Chapter 241;
      (ii) an ambulatory surgical center licensed under Health and Safety Code, Chapter 243; or
      (iii) the office of a physician licensed by the Texas Medical Board and authorized to practice medicine in the State of Texas, unless the office is used for the purpose of performing more than 50 abortions in any 12-month period.
  (2) Reporting requirements. All licensed abortion facilities and facilities and persons exempt from licensing shall comply with §139.5 of this title (relating to Additional Reporting Requirements).

Source Note: The provisions of this §139.1 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective January 1, 2014, 38 TexReg 9577; amended to be effective November 4, 2019, 44 TexReg 6540