HBA-TYH S.B. 468 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 468 By: Harris State Affairs 4/27/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Texas Department of Health is authorized to impose administrative penalties and revoke or suspend licenses of abortion facilities in emergency situations. Section 245.004, Health and Safety Code, provides exemptions from licensure for a hospital currently licensed under the Texas Hospital Licensing Law, and the office of a physician licensed under the Medical Practice Act unless the office is used primarily for the purpose of performing abortions. In 1997, 15,115 of the 83,340 abortions performed in Texas were performed by 15 physicians not licensed under Chapter 245, Health and Safety Code. S.B. 468 requires physicians currently exempt from licensure requirements to comply with the requirements under Chapter 245, Health and Safety Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 245.004, Health and Safety Code, to include among those facilities that need not be licensed under this chapter (Abortion Facilities), the office of a physician licensed under Article 4495b, V.T.C.S. (Medical Practice Act), unless 300 or more abortion procedures are performed in the office in a year, rather than unless the office is used primarily for the purposes of performing abortions. SECTION 2. Effective date: September 1, 1999. SECTION 3. Provides that a physician's office that is exempt from the licensing requirement of Chapter 245, Health and Safety Code, under Section 245.004, Health and Safety Code, as it existed immediately before the effective date of this Act, but that is required to be licensed under Section 245.004, Health and Safety Code, as amended by this Act, is not required to be licensed before January 1, 2000. SECTION 4. Emergency clause.