Section 139.40 - Adoption by Reference of Ambulatory Surgical Centers Rules(a) Effective September 1, 2014, the department adopts by reference the following sections of Chapter 135 of this title (relating to Ambulatory Surgical Centers) that were in effect on January 1, 2014: (1) Subchapter A (relating to Operating Requirements for Ambulatory Surgical Centers): (A) The following definitions are incorporated by reference:(i) §135.2(2) (defining "Action plan");(ii) §135.2(6) (defining "Autologous blood units");(iii) §135.2(7) (defining "Available");(iv) §135.2(10) (defining "Dentist");(v) §135.2(12) (defining "Disposal");(vi) §135.2(13) (defining "Extended observation");(vii) §135.2(14) (defining "Health care practitioners");(viii) §135.2(16) (defining "Medicare");(ix) §135.2(21) (defining "Surgical technologist");(x) §135.2(22) (defining "Title XVIII");(B) The following sections relating to ambulatory surgical centers operating requirements: (i) §135.4 (relating to Ambulatory Surgical Center (ASC) Operation), except as specifically noted in subsection (d)(2) of this section;(ii) §135.5 (relating to Patient Rights);(iii) §135.6 (relating to Administration);(iv) §135.7 (relating to Quality of Care);(v) §135.8 (relating to Quality Assurance);(vi) §135.9 (relating to Medical Records);(vii) §135.10 (relating to Facilities and Environment);(viii) §135.11(a) and (b)(1) - (18) (relating to Anesthesia and Surgical Services);(ix) §135.12 (relating to Pharmaceutical Services);(x) §135.13 (relating to Pathology and Medical Laboratory Services);(xi) §135.14 (relating to Radiology Services);(xii) §135.15 (relating to Facility Staffing and Training);(xiii) §135.16 (relating to Teaching and Publication);(xiv) §135.17 (relating to Research Activities);(xv) §135.26 (relating to Reporting Requirements); and(xvi) §135.27 (relating to a Patient Safety Program);(2) Subchapter B (relating to Fire Prevention and Safety Requirements):(A) §135.41 (relating to Fire Prevention and Protection);(B) §135.42 (relating to General Safety); and(C) §135.43 (relating to Handling and Storage of Gases, Anesthetics, and Flammable Liquids); and(3) Subchapter C (relating to Physical Plant and Construction Requirements): (A) §135.51 (relating to Construction Requirements for an Existing Ambulatory Surgical Center), except as specifically noted in subsection (d)(3) of this section;(B) §135.52 (relating to Construction Requirements for a New Ambulatory Surgical Center);(C) §135.53 (relating to Elevators, Escalators, and Conveyors);(D) §135.54 (relating to Preparation, Submittal, Review and Approval of Plans, and Retention of Records);(E) §135.55 (relating to Construction, Inspections, and Approval of Project); and(F) §135.56 (relating to Construction Tables).(b) As required by §4 of House Bill 2, passed in the Second Session, 83rd Legislature, 2013, the department intends by this adoption of rules to impose minimum standards for the health and safety of a patient of a licensed abortion facility, and that those minimum standards be equivalent to the minimum standards adopted under Health and Safety Code, § 243.010, for ambulatory surgical centers.(c) The minimum standards adopted by reference under this section are not applicable to a licensed abortion facility before September 1, 2014.(d) Interpretive conventions. For purposes of this chapter:(1) The words "ambulatory surgical center" and "ASC" and their plural forms in the rules that are adopted by reference in subsection (a) of this section are understood to mean "licensed abortion facility" or "licensed abortion facilities," as appropriate, for purposes of this chapter.(2) The text of §135.4(c)(11)(B) that reads "or all physicians performing surgery at the ASC shall have admitting privileges at a local hospital" is not adopted by reference into this chapter.(3) The text of §135.51(a)(1) and the portion of the text of §135.51(a)(2) that reads, "In lieu of meeting the requirements in paragraph (1) of this subsection," are not adopted by reference into this chapter.(e) If the application of any particular rule that is incorporated by reference from Chapter 135 of this title is found by a state or federal court to violate the Constitution or impose an "undue burden" on women seeking abortions, the department shall continue to enforce the remaining incorporated rules that do not violate the Constitution or impose an "undue burden" on women seeking abortions, and shall continue to enforce all rules incorporated by reference from Chapter 135 of this title against abortion facilities for whom the application of such rules does not violate the Constitution or impose an "undue burden" on women seeking abortions.25 Tex. Admin. Code § 139.40
The provisions of this §139.40 adopted to be effective January 1, 2014, 38 TexReg 9577