Texas 2009 - 81st Regular

Texas House Bill HB3694 Compare Versions

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1	1	81R8206 ALB-F
2	2	By: Laubenberg H.B. No. 3694
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the storage, maintenance, and distribution of
8	8	mammography medical records.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 401.305(c), (e), (f), and (g), Health
11	11	and Safety Code, are amended to read as follows:
12	12	(c) Money and security in the perpetual care account may be
13	13	administered by the department or commission only for storage,
14	14	maintenance, and distribution of mammography medical records or the
15	15	decontamination, decommissioning, stabilization, reclamation,
16	16	maintenance, surveillance, control, storage, and disposal of
17	17	radioactive substances for the protection of the public health and
18	18	safety and the environment under this chapter and for refunds under
19	19	Section 401.303.
20	20	(e) The department or commission may use money in the
21	21	perpetual care account to pay for measures:
22	22	(1) to prevent or mitigate the adverse effects of
23	23	abandonment of radioactive substances, default on a lawful
24	24	obligation, insolvency, or other inability by the holder of a
25	25	license issued by the department or commission to meet the
26	26	requirements of this chapter or of department or commission rules;
27	27	[and]
28	28	(2) to assure the protection of the public health and
29	29	safety and the environment from the adverse effects of ionizing
30	30	radiation; and
31	31	(3) to protect the health and safety of mammography
32	32	patients by assuring mammography medical records are made available
33	33	to affected patients.
34	34	(f) The department or commission may provide, by the terms
35	35	of a contract or lease entered into between the department or
36	36	commission and any person, by the terms of a mammography
37	37	certification issued by the department or commission to any person,
38	38	or by the terms of a license issued to any person, for the storage,
39	39	maintenance, and distribution of mammography medical records. The
40	40	department or commission may provide, by the terms of a contract or
41	41	lease entered into between the department or commission and any
42	42	person or by the terms of a license issued by the department or
43	43	commission to any person, for the decontamination, closure,
44	44	decommissioning, reclamation, surveillance, or other care of a site
45	45	or facility subject to department or commission jurisdiction under
46	46	this chapter as needed to carry out the purpose of this chapter.
47	47	(g) The existence of the perpetual care account does not
48	48	make the department or commission liable for the costs of storage,
49	49	maintenance, and distribution of mammography medical records
50	50	arising from a mammography certification holder's failure to store,
51	51	maintain, and make available mammography medical records or for the
52	52	costs of decontamination, transfer, transportation, reclamation,
53	53	surveillance, or disposal of radioactive substances arising from a
54	54	license holder's abandonment of radioactive substances, default on
55	55	a lawful obligation, insolvency, or inability to meet the
56	56	requirements of this chapter or of department or commission rules.
57	57	SECTION 2. This Act takes effect September 1, 2009.