Abortion Clinic Regulations in Texas

1. What are the requirements for an abortion clinic to operate in Texas?


The requirements for an abortion clinic to operate in Texas are as follows:

1. The clinic must be licensed and inspected by the Texas Department of State Health Services (DSHS).

2. The clinic must be certified by DSHS as an ambulatory surgical center (ASC).

3. The clinic must have a physician with admitting privileges at a hospital located within 30 miles of the facility.

4. The clinic must meet all the requirements of the Texas Administrative Code (TAC).

5. The clinic must have an on-site registered nurse or physician available at all times during business hours.

6. The clinic must have an on-site medical director who is Board Certified in obstetrics and gynecology or in a related specialty, or who has obtained a postgraduate medical degree in obstetrics and gynecology or a related specialty.

7. The clinic must provide patients with information about the risks associated with abortion, as well as information about medically accepted alternatives and resources to access them.

8. The clinic must comply with all applicable standards of care, including those set forth in the Texas Department of State Health Services rules for ambulatory surgical centers and the requirements of the Abortion Facility Licensing Program.

2. Are parental consent laws required for minors to receive abortions in Texas?


Yes. In Texas, minors are required to obtain the written consent of a parent or legal guardian prior to having an abortion.

3. Does Texas require women to receive counseling prior to obtaining an abortion?


No. In Texas, there is no requirement that women receive counseling prior to having an abortion. The state does, however, require abortion providers to provide specific information to women seeking an abortion before the procedure is performed. This includes information about the medical risks associated with the abortion and any alternatives to abortion.

4. Are nurses allowed to perform abortions in Texas?


No, nurses are not allowed to perform abortions in Texas. According to the Texas Board of Nursing, only licensed physicians are allowed to perform medical abortions in the state.

5. Are there any restrictions on insurance coverage for abortions in Texas?


Yes, there are restrictions on insurance coverage for abortions in Texas. Insurance companies in Texas are prohibited from covering abortions except in cases of life-endangering pregnancies, rape, or incest. Additionally, the state has also banned abortions after 20 weeks of pregnancy.

6. Does Texas allow telemedicine abortions?


No, Texas does not allow telemedicine abortions. In 2019, the Texas Legislature passed a law that makes it illegal for physicians to provide telemedicine abortions.

7. What are the licensing and certification requirements for providers performing abortions in Texas?


In Texas, providers must be licensed by the Texas Medical Board and must meet certain requirements in order to perform abortions. These requirements include completion of a residency in an accredited obstetrics and gynecology program, completion of a Texas Department of State Health Services (DSHS) approved curriculum in abortion training, and adherence to the standards set forth in the DSHS Abortion Facility Licensing Program. In addition, providers must obtain a special license to perform abortions after 16 weeks of gestation.

8. Are there any mandatory waiting periods before a woman can receive an abortion in Texas?


Yes, Texas requires a waiting period of 24 hours before a woman can have an abortion.

9. Is there a state law regulating the transportation of minors across state lines to obtain abortions in Texas?


No, there is no state law regulating the transportation of minors across state lines to obtain abortions in Texas. However, Texas does have several laws related to abortion, including a parental consent law which requires minors to obtain written consent from a parent or legal guardian before obtaining an abortion.

10. Does Texas require doctors to provide information about abortion risks and alternatives to patients prior to performing an abortion?


Yes, Texas requires that doctors provide information about abortion risks and alternatives to patients prior to performing an abortion. This information must be provided in-person or via video conference, and it must include both verbal and written materials.

11. Is it legal for health care providers to refuse to provide abortions based on religious or moral objections in Texas?


Yes, it is legal for health care providers to refuse to provide abortions based on religious or moral objections in Texas. The state legislature has passed multiple laws protecting the right of healthcare providers to refuse to perform abortions based on religious or moral convictions.

12. Is it legal for hospitals or other institutions to refuse to perform abortions in Texas?


Yes, it is legal for hospitals or other institutions to refuse to perform abortions in Texas. Doctors, however, may not be subject to the same restrictions as institutions.

13. Are there any state-funded programs to cover the costs of abortions in Texas?


No. In Texas, there are no state-funded programs that cover the cost of abortions. However, Texas does offer a Medicaid program that provides coverage for abortion in cases of rape, incest, and when the mother’s life is in danger.

14. Are late-term abortions available in Texas?


No, late-term abortions are not available in Texas. Late-term abortions are defined as abortions after the 20th week of gestation and Texas has a ban on these procedures.

15. Are there any laws regulating the disposal of fetal tissue after a pregnancy termination in Texas?


Yes, there are laws regulating the disposal of fetal tissue after a pregnancy termination in Texas. According to the Texas Health and Safety Code, fetal tissue must be disposed of in a manner that is respectful and compliant with all applicable laws. The tissue must also be disposed of in an approved medical waste facility, and any costs associated with the disposal must be paid for by the patient (or their health insurer).

16. Does Texas allow for conscientious objection by medical professionals providing abortion services?


Yes. Texas Health and Safety Code Section 171.002 allows for conscientious objection by medical professionals providing abortion services. Health care providers in Texas may refuse to participate in abortion procedures due to their moral or religious beliefs.

17. Do pharmacists have the right to refuse to provide contraceptives or medication needed for abortions if it conflicts with their religious beliefs in Texas?


Yes. Texas pharmacists are protected by a state law that allows them to refuse to provide or fill prescriptions for contraceptives or medication needed for abortions if it conflicts with their religious beliefs.

18. What are the age and residency requirements for minors seeking abortions without parental consent in Texas?


In Texas, minors seeking an abortion without parental consent must be at least 16 years of age and must show proof of residency in Texas. They must also prove their identity and ability to make their own healthcare decisions.

19. How many clinics are providing abortions in Texas, and how are they regulated by the state government?


At the time of writing, there are 19 clinics providing abortions in Texas. These clinics are heavily regulated by the state government, with laws designed to limit access to abortions. These restrictions include mandatory waiting periods, a ban on abortion after 20 weeks of pregnancy, and various parental consent and notification laws.

20. Does Texas have any laws limiting access to comprehensive reproductive health care services, such as birth control, emergency contraception, or STD testing and treatment, at abortion clinics?


No. In Texas, access to comprehensive reproductive health care services, such as birth control, emergency contraception, or STD testing and treatment, at abortion clinics is not limited by state law. However, the state does place restrictions on access to abortion services that may indirectly limit access to other services, such as requiring parental consent for minors seeking abortion care or requiring that clinics meet certain standards for ambulatory surgical centers.