81R8206 ALB-F
By: Laubenberg H.B. No. 3694
A BILL TO BE ENTITLED
AN ACT
relating to the storage, maintenance, and distribution of
mammography medical records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 401.305(c), (e), (f), and (g), Health
and Safety Code, are amended to read as follows:
(c) Money and security in the perpetual care account may be
administered by the department or commission only for storage,
maintenance, and distribution of mammography medical records or the
decontamination, decommissioning, stabilization, reclamation,
maintenance, surveillance, control, storage, and disposal of
radioactive substances for the protection of the public health and
safety and the environment under this chapter and for refunds under
Section 401.303.
(e) The department or commission may use money in the
perpetual care account to pay for measures:
(1) to prevent or mitigate the adverse effects of
abandonment of radioactive substances, default on a lawful
obligation, insolvency, or other inability by the holder of a
license issued by the department or commission to meet the
requirements of this chapter or of department or commission rules;
[and]
(2) to assure the protection of the public health and
safety and the environment from the adverse effects of ionizing
radiation; and
(3) to protect the health and safety of mammography
patients by assuring mammography medical records are made available
to affected patients.
(f) The department or commission may provide, by the terms
of a contract or lease entered into between the department or
commission and any person, by the terms of a mammography
certification issued by the department or commission to any person,
or by the terms of a license issued to any person, for the storage,
maintenance, and distribution of mammography medical records. The
department or commission may provide, by the terms of a contract or
lease entered into between the department or commission and any
person or by the terms of a license issued by the department or
commission to any person, for the decontamination, closure,
decommissioning, reclamation, surveillance, or other care of a site
or facility subject to department or commission jurisdiction under
this chapter as needed to carry out the purpose of this chapter.
(g) The existence of the perpetual care account does not
make the department or commission liable for the costs of storage,
maintenance, and distribution of mammography medical records
arising from a mammography certification holder's failure to store,
maintain, and make available mammography medical records or for the
costs of decontamination, transfer, transportation, reclamation,
surveillance, or disposal of radioactive substances arising from a
license holder's abandonment of radioactive substances, default on
a lawful obligation, insolvency, or inability to meet the
requirements of this chapter or of department or commission rules.
SECTION 2. This Act takes effect September 1, 2009.