(a) An abortion facility shall provide to a woman, at the time the woman initially consults the facility, a written statement indicating the number of the toll-free telephone number maintained under subsection (d) of this section. The written statement shall be available in English and Spanish.
  (1) The following form is an example of the statement in English.
Attached Graphic
  (2) The following form is an example of the statement in Spanish.
Attached Graphic
(b) The department on request shall make the following information available to the public:
  (1) the status of the license of any abortion facility;
  (2) the date of the last inspection of the facility, any violation discovered during that inspection that would pose a health risk to a patient at the facility, any challenge raised by the facility to the allegation that there was a violation, and any corrective action that is acceptable to the department and that is being undertaken by the facility with respect to the violation; and
  (3) an administrative or civil penalty imposed against the facility or a physician who provides services at the facility, professional discipline imposed against a physician who provides services at the facility, and any criminal conviction of the facility or a physician who provides services at the facility that is relevant to services provided at the facility.
(c) Subsection (b) of this section does not require the department to provide information that is not in the possession of the department. In accordance with Health and Safety Code, §245.023(b), the Texas Medical Board (board) is required to provide to the department information in the possession of the board that the department is required to provide under subsection (b) of this section.
(d) In accordance with Health and Safety Code, §245.023(c), the department shall maintain a toll-free telephone number that a person may call to obtain the information described by subsection (b) of this section.
(e) This section does not authorize the department to the release of the name, address, or phone number of any employee or patient of an abortion facility or of a physician, advanced practice registered nurse, or physician assistant who provides services at an abortion facility.

Source Note: The provisions of this §139.6 adopted to be effective June 28, 2009, 34 TexReg 4125