Texas 2009 - 81st Regular

Texas House Bill HB4087 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11445 YDB-D
2	2	By: Farrar H.B. No. 4087
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of an ultrasound machine registry;
8	8	providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle G, Title 4, Health and Safety Code, is
11	11	amended by adding Chapter 325 to read as follows:
12	12	CHAPTER 325. ULTRASOUND MACHINES
13	13	Sec. 325.001. DEFINITIONS. In this chapter:
14	14	(1) "Department" means the Department of State Health
15	15	Services.
16	16	(2) "Executive commissioner" means the executive
17	17	commissioner of the Health and Human Services Commission.
18	18	(3) "Health care facility" means a facility authorized
19	19	under the laws of this state to provide health care to patients.
20	20	(4) "Licensed practitioner" means a physician
21	21	licensed in this state to practice medicine or a nurse or advance
22	22	nurse practitioner licensed in this state to practice nursing.
23	23	(5) "Ultrasound machine" means a medical imaging
24	24	device that uses high frequency sound waves and their echoes to
25	25	provide treatment and testing of patients.
26	26	Sec. 325.002. RESTRICTED POSSESSION AND USE OF ULTRASOUND
27	27	MACHINE. (a) A person may not purchase or possess an ultrasound
28	28	machine for use in the provision of medical, nursing, or health care
29	29	in this state unless the person is a licensed practitioner or is a
30	30	health care facility that employs or has on staff at least one
31	31	licensed practitioner.
32	32	(b) A person may not operate an ultrasound machine unless
33	33	the person operates the machine under the supervision of a licensed
34	34	practitioner or other properly trained health care professional who
35	35	is able to perform and interpret the ultrasound.
36	36	Sec. 325.003. NOTIFICATION OF POSSESSION OF ULTRASOUND
37	37	MACHINE. (a) A licensed practitioner or health care facility that
38	38	purchases or takes possession of an ultrasound machine shall notify
39	39	the department not later than the seventh day after the date the
40	40	practitioner or facility takes possession of the machine.
41	41	(b) The notification required under Subsection (a) must be
42	42	on the form prescribed by the department and must include:
43	43	(1) the name, address, and telephone number of the
44	44	licensed practitioner or health care facility that took possession
45	45	of the machine and the date the practitioner or facility took
46	46	possession of the machine;
47	47	(2) the type of machine;
48	48	(3) the address of the premises where the machine is
49	49	used; and
50	50	(4) the name of each licensed practitioner who uses
51	51	the machine.
52	52	(c) A licensed practitioner or health care facility that has
53	53	possession of an ultrasound machine shall notify the department of
54	54	any change in the information provided to the department under
55	55	Subsection (b) not later than the seventh day after the date of the
56	56	change.
57	57	Sec. 325.004. ESTABLISHMENT OF REGISTRY. The department
58	58	shall establish a central registry of ultrasound machines and
59	59	include in the registry the information submitted to the department
60	60	under Section 325.003.
61	61	Sec. 325.005. INSPECTION; RECORDS. (a) The department or
62	62	the department's representative may enter public or private
63	63	property at reasonable times to determine whether, in a matter
64	64	under the department's jurisdiction, a person is complying with
65	65	this chapter and department rules.
66	66	(b) A licensed practitioner or health care facility
67	67	required to submit notification under Section 325.003 shall retain
68	68	a copy of all maintenance records and records relating to the use,
69	69	receipt, storage, transfer, or disposal of an ultrasound machine as
70	70	provided by department rules.
71	71	Sec. 325.006. RULES. The executive commissioner shall
72	72	adopt rules necessary to implement this chapter, including rules on
73	73	inspections and on maintenance of records.
74	74	Sec. 325.007. CIVIL PENALTY. (a) A person who violates
75	75	this chapter or any rule adopted under this chapter is liable to
76	76	this state for a civil penalty of $1,000 for each violation. Each
77	77	day a violation continues constitutes a separate violation.
78	78	(b) The amount of the penalty shall be based on:
79	79	(1) the seriousness of the violation;
80	80	(2) the history of previous violations;
81	81	(3) the amount necessary to deter a future violation;
82	82	and
83	83	(4) any other matter that justice may require.
84	84	(c) The department or the attorney general may sue to
85	85	collect a civil penalty under this section. In the suit the state
86	86	may recover the reasonable expenses incurred in obtaining the
87	87	penalty, including investigation and court costs, reasonable
88	88	attorney's fees, witness fees, and other expenses.
89	89	SECTION 2. (a) Not later than November 1, 2009, the
90	90	executive commissioner of the Health and Human Services Commission
91	91	shall adopt the rules required by Chapter 325, Health and Safety
92	92	Code, as added by this Act.
93	93	(b) Not later than December 31, 2009, the Department of
94	94	State Health Services shall prescribe the form required under
95	95	Section 325.003, Health and Safety Code, as added by this Act, and
96	96	establish the registry required by Section 325.004, Health and
97	97	Safety Code, as added by this Act.
98	98	SECTION 3. Notwithstanding Chapter 325, Health and Safety
99	99	Code, as added by this Act, a licensed practitioner or health care
100	100	facility is not required to submit the notification required by
101	101	Section 325.003, Health and Safety Code, as added by this Act,
102	102	before January 1, 2010.
103	103	SECTION 4. This Act takes effect September 1, 2009.