California Code of Regulations

Title 5

Cal. Code Regs. tit. 5, § 4950 (2011)

An educational institution shall not apply any rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex.

(a) An educational institution shall not exclude or deny any student from any educational program or activity including class or extracurricular activity solely on the basis of a student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.

(b) An educational institution may require a student to obtain the certification of a physician or nurse practitioner that the student is physically and emotionally able to continue participation in the regular program or activity.

(c) Voluntary Alternative Program. Pregnant minors and minor parents shall not be required to participate in pregnant minor programs or alternative educational programs. Such minors who do voluntarily participate in such alternative programs shall be given educational programs, activities and courses equal to those they would have been in if participating in the regular program.

(d) Any educational institution shall treat pregnancy, child birth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disabling condition.

Note: Authority cited: Sections 232 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 230, Education Code; and 34 CFR 106.

Title 15

Cal. Code Regs. tit. 15, § 1122 (2011)

The health administrator, in cooperation with the facility administrator, shall develop written policies and procedures to assure that reproductive health services are available to both male and female minors in jails.

Such services shall include, but not be limited to, those prescribed by Welfare and Institutions Code Sections 220, 221 and 222 and Health and Safety Code Section 123450.

Note: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.

Cal. Code Regs. tit. 15, § 1416 (2011)

For all juvenile facilities, the health administrator, in cooperation with the facility administrator, shall develop written policies and procedures to assure that reproductive health services are available to both male and female minors.

Such services shall include but not be limited to those prescribed by Welfare and Institutions Code Sections 220, 221 and 222 and Health and Safety Code Section 123450.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.

Cal. Code Regs. tit. 15, § 4736 (2011)

A female ward in a facility setting who is found to be pregnant and desiring an abortion shall be permitted to determine her eligibility for an abortion pursuant to law, including Article 2, Chapter 2, Division 106 of the Health and Safety Code, and, when determined to be eligible, shall be permitted to obtain an abortion.

(a) Facilities in which female wards reside shall maintain a procedure to:

(1) Advise the ward of the pregnancy and determine necessary steps to assist her in obtaining services pursuant to Article 2, Chapter 2, Division 106 of the Health and Safety Code.

(2) Obtain the services of an independent agency, e.g., Planned Parenthood, to provide counseling and information when the ward indicates she wishes to consider an abortion.

(A) Place the ward in contact with the outside agency and

(B) Provide transportation, if necessary.

(b) When the ward chooses to have an abortion, an independent agency shall be contacted, and arrangements will be made for the abortion by that agency.

(1) Financial arrangements shall be as follows:

(A) The ward assumes financial responsibility, or

(B) The staff arranges to return the ward to the county of commitment, if the ward is a diagnostic commitment pursuant to Sections 704 or 707.2 of the Welfare and Institutions Code.

(2) When the ward is unable to pay her own expenses, staff shall explore available financial resources, such as payment by a parent or guardian or medical insurance. When the ward has inadequate or no financial resources, the Youth Authority shall provide the necessary funds to cover the medical expenses.

(3) Staff shall provide transportation and security coverage as necessary.

(4) Staff shall arrange for appropriate medical follow-up, if required.

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1002, 1004, 1752, 1753 and 1755, Welfare and Institutions Code; and Article 2, Chapter 2, Division 106, Health and Safety Code.

Title 16

Cal. Code Regs. tit. 16, § 1399.541 (2011)

Because physician assistant practice is directed by a supervising physician, and a physician assistant acts as an agent for that physician, the orders given and tasks performed by a physician assistant shall be considered the same as if they had been given and performed by the supervising physician. Unless otherwise specified in these regulations or in the delegation or protocols, these orders may be initiated without the prior patient specific order of the supervising physician. In any setting, including for example, any licensed health facility, out-patient settings, patients’ residences, residential facilities, and hospices, as applicable, a physician assistant may, pursuant to a delegation and protocols where present:

(a) Take a patient history; perform a physical examination and make an assessment and diagnosis therefrom; initiate, review and revise treatment and therapy plans including plans for those services described in Section 1399.541(b) through Section 1399.541(i) inclusive; and record and present pertinent data in a manner meaningful to the physician.

(b) Order or transmit an order for x-ray, other studies, therapeutic diets, physical therapy, occupational therapy, respiratory therapy, and nursing services.

(c) Order, transmit an order for, perform, or assist in the performance of laboratory procedures, screening procedures and therapeutic procedures.

(d) Recognize and evaluate situations which call for immediate attention of a physician and institute, when necessary, treatment procedures essential for the life of the patient.

(e) Instruct and counsel patients regarding matters pertaining to their physical and mental health. Counseling may include topics such as medications, diets, social habits, family planning, normal growth and development, aging, and understanding of and long-term management of their diseases.

(f) Initiate arrangements for admissions, complete forms and charts pertinent to the patient’s medical record, and provide services to patients requiring continuing care, including patients at home.

(g) Initiate and facilitate the referral of patients to the appropriate health facilities, agencies, and resources of the community.

(h) Administer or provide medication to a patient, or issue or transmit drug orders orally or in writing in accordance with the provisions of subdivisions (a)-(f), inclusive, of Section 3502.1 of the Code.

(i) (1) Perform surgical procedures without the personal presence of the supervising physician which are customarily performed under local anesthesia. Prior to delegating any such surgical procedures, the supervising physician shall review     documentation which indicates that the physician assistant is trained to perform the surgical procedures. All other surgical procedures requiring other forms of anesthesia may be performed by a physician assistant only in the personal presence of an approved supervising physician.

(2) A physician assistant may also act as first or second assistant in surgery under the supervision of an approved supervising physician.

Note authority cited: Sections 2018, 3502 and 3510, Business and Professions Code. Reference: Sections 2058, 3502 and 3502.1, Business and Professions Code.
Title 17

Cal. Code Regs. tit. 17, § 915 (2011)

“Live birth” means the complete expulsion or extraction from its mother of a product of conception (irrespective of the duration of pregnancy) which, after such separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

Note authority cited: Section 10001, Health and Safety Code. Reference: Sections 10100 and 10102, Health and Safety Code.

Cal. Code Regs. tit. 17, § 916 (2011)

“Fetal death” means a death prior to the complete expulsion or extraction from its mother of a product of conception (irrespective of the duration of pregnancy); the death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles. Registration of fetal deaths is subject to the provisions of Division 9, Chapter 4 of the Health and Safety Code.

Note authority cited: Section 10001, Health and Safety Code. Reference: Section 10175, Health and Safety Code.

Cal. Code Regs. tit. 17, § 100085 (2011)

Fetal tissue shall be procured in accordance with 17 Cal. Code of Regs. Section 100080, subdivision (a)(2). In addition, research involving human fetal tissue will adhere to the following provisions:

(a) The woman who donates the fetal tissue must sign a statement declaring:

(1) That the donation is being made for research purposes, and

(2) The donation is made without any restriction regarding who may be the recipient(s) of materials derived from the tissue; and

(b) The attending physician must:

(1) Sign a statement that he or she has obtained the tissue in accordance with the donor’s signed statement. In the case of tissue obtained pursuant to an induced abortion, the physician must sign a statement stating that he or she:

(A) Obtained the woman’s consent for the abortion before requesting or obtaining consent for the tissue to be used for research;

(B) Did not alter the timing, method, or procedures used to terminate the pregnancy solely for the purpose of obtaining the tissue for research; and

(C) Performed the abortion in accordance with applicable law.

(2) Disclose to the donor any financial interest that the attending physician has in the research to be conducted with the tissue.

(3) Disclose any known medical risks to the donor or risks to her privacy that might be associated with the donation of the tissue and that are in addition to risks of such type that are associated with the woman’s medical care.

(c) The principal investigator of the research project must sign a statement certifying that he or she:

(1) Is aware that the tissue is human fetal tissue obtained in a spontaneous or induced abortion or pursuant to a stillbirth;

(2) Is aware that the tissue was donated for research purposes;

(3) Had no part in any decisions as to the timing, method, or procedures used to terminate the pregnancy; and

(4) Is not the donor’s attending physician.

Note: Authority cited: California Constitution, article XXXV; and Section 125290.40(j), Health and Safety Code. Reference: Sections 125290.35, 125290.40, 125290.55 and 125300, Health and Safety Code.

Title 22

California Medical Assistance Program (Medi-Cal) – Excerpts from Title 22 of the California Code of Regulations

Cal. Code Regs. tit. 22, § 51305.1 (2011)

(a) A sterilization shall be performed only if the following conditions are met:

(1) The individual is at least 21 years old at the time consent is obtained.

(2) The individual is not a mentally incompetent individual.

(3) The individual is able to understand the content and nature of the informed consent process as specified in 51305.3.

(4) The individual is not an institutionalized individual.

(5) The individual has voluntarily given informed consent in accordance with all the requirements prescribed in Section 51305.1 through 51305.4.

(6) At least 30 days, but not more than 180 days, have passed between the date of written informed consent and the date of the sterilization, except in the following instances:

(A) Sterilization may be performed at the time of emergency abdominal surgery if the following requirements are met:

1.  The written informed consent to be sterilized was given at least 30 days before the individual intended to be sterilized.

2.  At least 72 hours have passed after written informed consent to be sterilized was given.

(B) Sterilization may be performed at the time of premature delivery if the following requirements are met:

1. The written informed consent was given at least 30 days before the expected date of the delivery.

2.  At least 72 hours have passed after written informed consent to be sterilized was given.

(b) For the purposes of this section the following definitions apply:

(1) Mentally incompetent individual means an individual who has been declared mentally incompetent by a federal, State or local court of competent jurisdiction for any purpose, unless the individual has been declared competent for purposes which include the ability to consent to sterilization.

(2) Institutionalized individual means an individual who is:

(A) Involuntarily confined or detained, under a civil or criminal statute, in a correctional or rehabilitative facility, including a mental hospital or other facility for the care and treatment of mental illness.

(B) Confined, under a voluntary commitment, in a mental hospital or other facility for the care and treatment of mental illness.

Cal. Code Regs. tit. 22, § 51305.3 (2011)

(a) An individual has given informed consent only if:

(1) The person who obtained consent for the sterilization procedure:

(A) Offered to answer any questions the individual to be sterilized may have concerning the procedure.

(B) Provided the individual with a copy of the consent form and the booklet on sterilization published by the Department.

(C) Provided orally all of the following to the individual to be sterilized:

1.  Advice that the individual is free to withhold or withdraw consent to the procedure at any time before the sterilization without affecting the right to future care or treatment and without loss or withdrawal of any federally funded program benefits to which the individual might be otherwise entitled.

2.  A full description of available alternative methods of family planning and birth control.

3.  Advice that the sterilization procedure is considered to be irreversible.

4.  A thorough explanation of the specific sterilization procedure to be performed.

5.  A full description of the discomforts and risks that may accompany or follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used.

6.  A full description of the benefits or advantages that may be expected as a result of the sterilization.

7.  Approximate length of hospital stay.

8.  Approximate length of time for recovery.

9.  Financial cost to the patient.

10.  Information that the procedure is established or new.

11.  Advice that the sterilization will not be performed for at least 30 days, except under the circumstances specified in Section 51305.1.

12.  The name of the physician performing the procedure. If another physician is to be substituted, the patient shall be notified, prior to administering pre-anesthetic medication, of the physician’s name and the reason for the change in physician.

(2) Suitable arrangements were made to ensure that the information specified in (a)(1) was effectively communicated to any individual who is blind, deaf, or otherwise handicapped.

(3) An interpreter was provided if the individual to be sterilized did not understand the language used on the consent form or the language used by the person obtaining consent.

(4) The individual to be sterilized was permitted to have a witness of the individual’s choice present when consent was obtained.

(5) The sterilization operation was requested without fraud, duress, or undue influence.

(6) The consent form requirements of Section 51305.4 were met.

(b) Informed consent may not be obtained while the individual to be sterilized is:

(1) In labor or within 24 hours postpartum or post-abortion.

(2) Seeking to obtain or obtaining an abortion.

(A) Seeking to obtain means that period of time during which the abortion decision and the arrangements for the abortion are being made.

(B) Obtaining an abortion means that period of time during which an individual is undergoing the abortion procedure, including any period during which preoperative medication is administered.

(3) Under the influence of alcohol or other substances that affect the individual’s state of awareness.

(c) The informed consent process may be conducted either by a physician or by the physician’s designee.

(d) A copy of the signed consent form shall be:

(1) Provided to the patient.

(2) Retained by the physician and the hospital in the patient’s medical records.

(3) Attached to the physician’s billing form.

Note: Authority cited: Sections 14105, 14124.5 and 14191, Welfare and Institutions Code. Reference: Sections 14053, 14053.6, 14059, 14105, 14124.5, 14132, 14184 and 14191, Welfare and Institutions Code.

Cal. Code Regs. tit. 22, § 51305.4 (2011)
(a) The Consent Form, provided by the Department in English and Spanish, shall be the only approved form and shall be signed and dated by the:
(1) Individual to be sterilized.

(2) Interpreter, if one is provided.

(3) Person who obtained the consent.

(4) Physician who performed the sterilization procedure.

(b) The person securing consent shall certify, by signing the Consent Form, to have personally:

(1) Advised the individual to be sterilized, before the individual to be sterilized signed the Consent Form, that no federal benefits may be withdrawn because of the decision not to be sterilized.

(2) Explained orally the requirements for informed consent to the individual to be sterilized as set forth on the Consent Form and in Section 51305.3.

(3) Determined, to the best of his or her knowledge and belief, that the individual to be sterilized appeared mentally competent and knowingly and voluntarily consented to be sterilized.

(c) The physician performing the sterilization shall certify, by signing the Consent Form, that:

(1) The physician, shortly before the performance of the sterilization, advised the individual to be sterilized that federal benefits shall not be withheld or withdrawn because of a decision not to be sterilized.

(2) The physician explained orally the requirements for informed consent as set forth on the Consent Form.

(3) To the best of the physician’s knowledge and belief, the individual to be sterilized appeared mentally competent and knowingly and voluntarily consented to be sterilized.

(4) At least 30 days have passed between the date of the individual’s signature on the Consent Form and the date upon which the sterilization was performed, except in the following instances:

(A) Sterilization may be performed at the time of emergency abdominal     surgery if the physician:

1. Certifies that the written informed consent to be sterilized was     given at least 30 days before the individual intended to be sterilized.

2. Certifies that at least 72 hours have passed after written
informed consent to be sterilized was given.
3. Describes the emergency on the Consent Form.
(B) Sterilization may be performed at the time of premature delivery if the physician certifies that:

1.  The written informed consent was given at least 30 days before     the expected date of the delivery. The physician shall state the     expected date of delivery on the Consent Form.

2.  At least 72 hours have passed after written informed consent to     be sterilized was given.

(d) The interpreter, if one is provided, shall certify that the interpreter:

(1) Transmitted the information and advice presented orally to the individual to be sterilized.

(2) Read the Consent Form and explained its contents to the individual to be sterilized.

(3) Determined, to the best of the interpreter’s knowledge and belief, that the individual to be sterilized understood what the interpreter told the individual.

(e) The person who obtains consent shall provide the individual to be sterilized with a copy of the booklet on sterilization, provided by the Department in English and Spanish, before obtaining consent.

(f) For the purposes of this section, shortly before means a period within 72 hours prior to the time the patient receives any preoperative medication.

Acute Care Hospitals – Excerpts from Title 22 of the California Code of
Regulations

Cal. Code Regs. tit. 22, § 70707.1 (2011)

(a) A sterilization shall be performed only if the following conditions are met:

(1) The individual is at least 18 years old at the time the consent is obtained, or the individual is under 18 and:

(A) Has entered into a valid marriage, whether or not such marriage was terminated by dissolution; or

(B) Is on active duty with the United States armed services; or

(C) Is over 15 years old, lives apart from his or her parents or guardian(s) manages, his or her own financial affairs; or

(D) Has received a declaration of emancipation pursuant to Section 64 of the Civil Code.

(2) The individual is able to understand the content and nature of the informed consent process as specified in 70707.3.

(3) The individual has voluntarily given informed consent in accordance with all the requirements prescribed in Sections 70707.1 through 70707.6.

(4) At least 30 days, but not more than 180 days, have passed between the date of informed consent and the date of the sterilization, except in the following instances.

(A) Sterilization may be performed at the time of emergency abdominal surgery if the following requirements are met:

1.  The written informed consent to be sterilized was given at least 30 days before the individual intended to be sterilized.

2.  At least 72 hours have passed after written informed consent to be sterilized was given.

(B) Sterilization may be performed at the time of premature delivery if the following requirements are met:

1.  The written informed consent was given at least 30 days before the expected date of the delivery.

2.  At least 72 hours have passed after written informed consent to be sterilized was given.

(C) The patient voluntarily requests in writing that the procedure be performed in less than 30 days. However, in no case shall a sterilization be performed in less than 72 hours following the signing of the consent form.

Note: Authority cited: Sections 208, 1275, 1276, Health and Safety Code. Reference: Sections 1250 et seq., Health and Safety Code; Sections 25.6, 25.7, 34.6, and 63, Civil Code.

Cal. Code Regs. tit. 22, § 70707.3 (2011)

(a) An individual has given informed consent only if:

(1) The person who obtained consent for the sterilization procedure:

(A) Offered to answer any questions the individual to be sterilized may have concerning the procedure.

(B) Provided the individual with a copy of the consent form and the booklet on sterilization published by the Department.

(C) Provided orally all of the following to the individual to be sterilized:

1.  Advice that the individual is free to withhold or withdraw consent to the procedure at any time before the sterilization without affecting the right to future care or treatment and without loss or withdrawal of any federally funded program benefits to which the individual might be otherwise entitled.

2.  A full description of available alternative methods of family planning and birth control.

3.  Advice that the sterilization procedure is considered to be irreversible.

4.  A thorough explanation of the specific sterilization procedure to be performed.

5.  A full description of the discomforts and risks that may accompany or follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used.

6.  A full description of the benefits or advantages that may be expected as a result of the sterilization.

7.  Approximate length of hospital stay.

8.  Approximate length of time for recovery.

9.  Financial cost to the patient.

10.  Information that the procedure is established or new.

11.  Advice that the sterilization will not be performed for at least 30 days, except under the circumstances specified in Section 70707.1.

12.  The name of the physician performing the procedure. If another physician is to be substituted, the patient shall be notified, prior to administering pre-anesthetic medication of the physician’s name and the reason for the change in physician.

(2) Suitable arrangements were made to ensure that the information specified in (a)(1) was effectively communicated to any individual who is blind, deaf, or otherwise handicapped.

(3) An interpreter was provided if the individual to be sterilized did not understand the language used on the consent form or the language used by the person obtaining consent.

(4) The individual to be sterilized was permitted to have a witness of the individual’s choice present when consent was obtained.

(5) The sterilization operation was requested without fraud, duress, or undue influence.

(6) The consent form requirements of Section 70707.4 were met.

(b) Informed consent may not be obtained while the individual to be sterilized is:

(1) In labor or within 24 hours postpartum or post abortion.

(2) Seeking to obtain or obtaining an abortion.

(A) Seeking to obtain means that period of time during which the abortion decision and the arrangement for the abortion are being made.

(B) Obtaining an abortion means that period of time during which the individual is undergoing the abortion procedure, including any period during which preoperative medication is administered.

(3) Under the influence of alcohol or other substances that affect the individual’s state of awareness.

(c) The informed consent process may be conducted either by a physician or by the physician’s designee.

(d) A copy of the signed consent form shall be:

(1) Provided to the patient.

(2) Retained by the physician and the hospital in the patient’s medical records.

(e) No person shall by reason of mental retardation alone be prevented from consenting to sterilization under this section.

Note:  Authority cited: Sections 208(a), 1275, and 1276, Health and Safety Code. Reference: Section 1250, Health and Safety Code.

Primary Care Clinic Regulations for Abortion Service – Excerpts from Title 22 of the California Code of Regulations

Cal. Code Regs. tit. 22, § 75040 (2011) [repealed]

Abortion Service – General Requirements

(a) Primary care clinics providing abortion services shall provide:

(1) Pre-abortion and post-abortion information and education sessions. These sessions shall include but not be limited to:

(A) How the abortion procedure is performed.

(B) Possible risks and complications.

(C) Options or alternatives to abortion.

(D) Post-procedure medical services.

(E) Family planning information and education.

(2) Laboratory Services.

(b) The physician shall make a gross examination of the aborted specimen and shall refer the specimen to a pathologist if no products of conception are visualized or if the tissue appears abnormal. Products of conception shall be disposed of after examination, in accordance with Section 75069.

(c) Pre-abortion informational and educational sessions shall be documented in each patient’s medical record and shall be signed and dated by the person providing this instruction and by the patient.

Note: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Section 1226, Health and Safety Code.

Cal. Code Regs. tit. 22, § 75041 (2011) [repealed]

Abortion Service – Policies and Procedures

(a) The policies and procedures which the clinic shall implement shall include but not be limited to the following subjects:

(1) Medical criteria for selection of patients.

(2) Determination of pregnancy status.

(3) Rh typing.

(4) Information and education sessions for the patient before and after the abortion.

(5) Post-abortion care of the patient in the recovery area.

(6) Referral and transfer of the patient to other agencies or programs for additional medical services and counseling beyond the scope of the clinic.

(7) Follow-up of patients after the abortion.

(8) Notice to patients that they must arrange for post-abortion transportation.

(9) Provision for family planning information and education.

Note: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Section 1226, Health and Safety Code.

Cal. Code Regs. tit. 22, § 75042 (2011) [repealed]

Abortion Service – Equipment and Supplies

(a) There shall be adequate and appropriate equipment and supplies maintained to provide the services offered, including at least the following:

(1) Standard gynecological examination table.

(2) Pharyngeal suction equipment.

(3) Oxygen source and mask.

(4) Surgical instruments necessary for the performance of the abortion.

(5) Emergency medications.

(6) Appropriate intravenous fluids.

Note: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Section 1226, Health and Safety Code.

Cal. Code Regs. tit. 22, § 75043 (2011) [repealed]

Abortion Service – Staff

(a) A physician who is certified or eligible for certification by the American Board of Obstetrics and Gynecology or a physician with training and experience in performing abortions shall be responsible for the abortion service. This physician may also hold the position of professional director of the clinic. Only a physician responsible to the professional director of the clinic may perform abortions.

(b) A licensed nurse shall be present in the clinic when an abortion is performed.

(c) A system ensuring availability of staff for follow-up care or referral of patients shall be operative on a 24-hour basis.

Note: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Section 1226, Health and Safety Code.

Cal. Code Regs. tit. 22, § 75044 (2011) [repealed]

Abortion Service – Space

(a) Each abortion room shall have a floor area which can accommodate the patient, the equipment and supplies required in Section 75042 and the staff required in Section 75043.

(b) A post-abortion recovery area shall be maintained. The area shall be adequate for the number of patients recovering at any given time and shall provide privacy for those patients who request it.

(c) Space for a counseling area shall be maintained and may be the same area as the post-abortion recovery area. The counseling area shall provide privacy for those patients who request it.

(d) Provisions for the storage of patient’s clothing and personal items shall be maintained.

Note: Authority cited: Sections 208(a) and 1225, Health and Safety Code. Reference: Section 1226, Health and Safety Code.

Cal. Code Regs. tit. 22, § 75047 (2011)

Transfer Agreements

(a) The clinic shall maintain written transfer agreements, which include provisions for communication and transportation, with one or more nearby hospitals and other inpatient health facilities as appropriate to meet medical emergencies.  Essential personal, health and medical information shall either accompany the patient upon transfer or be transmitted immediately by telephone to the receiving facility.

(b) Clinics, except those providing abortion or birthing services, may request that the Department waive the requirement of (a).  The clinic must demonstrate to the Department that all nearby hospitals and other inpatient health facilities, as appropriate to meet medical emergencies have refused to enter into transfer agreements.

Note:  Authority cited:  Sections 208(a) and 1225, Health and Safety Code. Reference:  Section 1226, Health and Safety Code.