The physical and environmental requirements for a licensed abortion facility are as follows.
  (1) A facility shall:
    (A) have a safe and sanitary environment, properly constructed, equipped, and maintained to protect the health and safety of patients and staff at all times;
    (B) equip each procedure room so that procedures can be performed in a manner that assures the physical safety of all individuals in the area;
    (C) have a separate recovery room if moderate sedation/analgesia, deep sedation/analgesia, or general anesthesia are administered at the facility;
    (D) have a written protocol for emergency evacuation for fire and other disasters tailored to the facility's geographic location. Each staff member employed by or under contract with the facility shall be able to demonstrate their role or responsibility to implement the facility's emergency evacuation protocol required by this subparagraph;
    (E) store hazardous cleaning solutions and compounds in a secure manner and label substances;
    (F) have the capacity to provide patients with liquids. The facility may provide commercially packaged food to patients in individual servings. If other food is provided by the facility, it shall be subject to the requirements of Chapter 228 of this title (relating to Retail Food);
    (G) provide clean hand washing facilities for patients and staff including running water, and soap;
    (H) have two functioning sinks and a functioning toilet; and
    (I) have equipment available to sterilize instruments, equipment, and supplies in accordance with §139.49(d) of this title (relating to Infection Control Standards) before use in the facility.
  (2) The equipment for vacuum aspiration shall be electrically safe and designed to prevent reverse pump action in facilities that provide vacuum aspiration.
  (3) Projects involving alterations of and additions to existing buildings shall be programmed and phased so that on-site construction shall minimize disruptions of existing functions. Access, exit ways, and fire protection shall be maintained so that the safety of the occupants shall not be jeopardized during construction.

Source Note: The provisions of this §139.48 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective February 18, 2018, 43 TexReg 577