Sec. 245.012. DENIAL, SUSPENSION, PROBATION, OR REVOCATION OF LICENSE. (a) The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter.
(b) The denial, suspension, or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
(c) The department may immediately suspend or revoke a license when the health and safety of persons are threatened. If the department issues an order of immediate suspension or revocation, the department shall immediately give the chief executive officer of the abortion facility adequate notice of the action and the procedure governing appeal of the action. A person whose license is suspended or revoked under this subsection is entitled to a hearing not later than the 14th day after the effective date of the suspension or revocation.
(d) If the department finds that an abortion facility is in repeated noncompliance with this chapter or rules adopted under this chapter but that the noncompliance does not in any way involve the health and safety of the public or an individual, the department may schedule the facility for probation rather than suspending or revoking the facility's license. The department shall provide notice to the facility of the probation and of the items of noncompliance not later than the 10th day before the date the probation period begins. The department shall designate a period of not less than 30 days during which the facility will remain under probation. During the probation period, the facility must correct the items that were in noncompliance and report the corrections to the department for approval.
(e) The department may suspend or revoke the license of an abortion facility that does not correct items that were in noncompliance or that does not comply with this chapter or the rules adopted under this chapter within the applicable probation period.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 23, Sec. 3, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 802, Sec. 7, 8, eff. June 20, 2003.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 245 - Abortion Facilities
Section 245.003. License Required
Section 245.004. Exemptions From Licensing Requirement
Section 245.004. Exemptions From Licensing Requirement
Section 245.005. License Application and Issuance
Section 245.009. Adoption of Rules
Section 245.010. Minimum Standards
Section 245.0105. Unique Identifying Number; Disclosure in Advertisement
Section 245.011. Physician Reporting Requirements; Criminal Penalty
Section 245.0115. Notification
Section 245.0116. Department Report
Section 245.012. Denial, Suspension, Probation, or Revocation of License
Section 245.014. Criminal Penalty
Section 245.015. Civil Penalty
Section 245.016. Abortion in Unlicensed Abortion Facility to Prevent Death or Serious Impairment
Section 245.017. Administrative Penalty
Section 245.018. Report Recommending Administrative Penalty
Section 245.019. Hearing; Order
Section 245.020. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 245.021. Penalty Deposited to State Treasury
Section 245.022. Recovery of Costs
Section 245.023. Public Information; Toll-Free Telephone Number
Section 245.024. Compliance With Certain Requirements Regarding Sonogram Before Abortion