EXEMPTIONS FROM LICENSING REQUIREMENT

(a) The following facilities need not be licensed under this chapter: (1) a hospital licensed under Chapter 241 (Texas Hospital Licensing Law); (2) the office of a physician licensed under Subtitle B, Title 3, Occupations Code, unless the office is used substantially for the purpose of performing abortions; or (3) an ambulatory surgical center licensed under Chapter 243. (b) For purposes of this section, a facility is used substantially for the purpose of performing abortions if the facility: (1) is a provider for performing: (A) at least 10 abortion procedures during any month; or (B) at least 100 abortion procedures in a year; (2) operates less than 20 days in a month and the facility, in any month, is a provider for performing a number of abortion procedures that would be equivalent to at least 10 procedures in a month if the facility were operating at least 20 days in a month; (3) holds itself out to the public as an abortion provider by advertising by any public means, including advertising placed in a newspaper, telephone directory, magazine, or electronic medium, that the facility performs abortions; or (4) applies for an abortion facility license. (c) For purposes of this section, an abortion facility is operating if the facility is open for any period of time during a day and has on site at the facility or on call a physician available to perform abortions.