Menéndez Pregnancy Center Bill Leaves Centers With No Clear Penalty

The text as introduced · 390 words

89R5754 MCF-D

By: Menéndez
S.B. No. 1685

A BILL TO BE ENTITLED

AN ACT

relating to minimum standards for pregnancy resource centers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle H, Title 2, Health and Safety Code, is

amended by adding Chapter 174 to read as follows:

CHAPTER 174. PREGNANCY RESOURCE CENTERS

Sec. 174.001. DEFINITION. In this chapter, "pregnancy

resource center" means an organization, including a pregnancy

counseling organization, crisis pregnancy center, pregnancy care

center, and pregnancy support center, that for a fee or free of

charge provides pregnancy counseling or information but:

(1) does not perform abortions or make referrals to an

abortion provider;

(2) does not provide or make referrals for

comprehensive birth control services;

(3) is not licensed or certified by this state or the

federal government to provide medical or health care services; and

(4) is not required to contract with a physician to

provide or directly supervise all health care services provided by

the organization.

Sec. 174.002. MINIMUM STANDARDS. (a) The executive

commissioner by rule shall prescribe minimum standards for

pregnancy resource centers.

(b) The minimum standards must:

(1) protect the health and safety of a patient of a

pregnancy resource center;

(2) contain provisions equivalent to the requirements

of Subchapter B, Chapter 171, but applicable to the provision of

pregnancy services; and

(3) contain provisions equivalent to the minimum

standards for ambulatory surgical centers adopted under Section

243.010.

(c) Pregnancy resource centers must have present when

providing services to a patient at least one licensed obstetrician

or gynecologist.

(d) This section does not authorize the executive

commissioner to:

(1) establish the qualifications of a licensed health

care practitioner; or

(2) allow a person to provide medical or health care

services who is not authorized to provide those services under

other laws of this state.

(e) A pregnancy resource center or health care practitioner

that violates this section is subject to disciplinary action by the

state agency that regulates the center or practitioner as if the

center or practitioner had violated the applicable licensing law.

SECTION 2. Not later than January 1, 2026, the executive

commissioner of the Health and Human Services Commission shall

adopt rules necessary to implement Chapter 174, Health and Safety

Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.