Texas 2009 - 81st Regular

Texas Senate Bill SB1082 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1082
2	2
3	3
4	4	AN ACT
5	5	relating to the storage, maintenance, and distribution of
6	6	mammography medical records.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsections (c), (e), (f), and (g), Section
9	9	401.305, Health and Safety Code, are amended to read as follows:
10	10	(c) Money and security in the perpetual care account may be
11	11	administered by the department or commission only for storage,
12	12	maintenance, and distribution of mammography medical records or the
13	13	decontamination, decommissioning, stabilization, reclamation,
14	14	maintenance, surveillance, control, storage, and disposal of
15	15	radioactive substances for the protection of the public health and
16	16	safety and the environment under this chapter and for refunds under
17	17	Section 401.303.
18	18	(e) The department or commission may use money in the
19	19	perpetual care account to pay for measures:
20	20	(1) to prevent or mitigate the adverse effects of
21	21	abandonment of radioactive substances, default on a lawful
22	22	obligation, insolvency, or other inability by the holder of a
23	23	license issued by the department or commission to meet the
24	24	requirements of this chapter or of department or commission rules;
25	25	[and]
26	26	(2) to assure the protection of the public health and
27	27	safety and the environment from the adverse effects of ionizing
28	28	radiation; and
29	29	(3) to protect the health and safety of mammography
30	30	patients by assuring mammography medical records are made available
31	31	to affected patients.
32	32	(f) The department or commission may provide, by the terms
33	33	of a contract or lease entered into between the department or
34	34	commission and any person, by the terms of a mammography
35	35	certification issued by the department or commission to any person,
36	36	or by the terms of a license issued to any person, for the storage,
37	37	maintenance, and distribution of mammography medical records. The
38	38	department or commission may provide, by the terms of a contract or
39	39	lease entered into between the department or commission and any
40	40	person or by the terms of a license issued by the department or
41	41	commission to any person, for the decontamination, closure,
42	42	decommissioning, reclamation, surveillance, or other care of a site
43	43	or facility subject to department or commission jurisdiction under
44	44	this chapter as needed to carry out the purpose of this chapter.
45	45	(g) The existence of the perpetual care account does not
46	46	make the department or commission liable for the costs of storage,
47	47	maintenance, and distribution of mammography medical records
48	48	arising from a mammography certification holder's failure to store,
49	49	maintain, and make available mammography medical records or for the
50	50	costs of decontamination, transfer, transportation, reclamation,
51	51	surveillance, or disposal of radioactive substances arising from a
52	52	license holder's abandonment of radioactive substances, default on
53	53	a lawful obligation, insolvency, or inability to meet the
54	54	requirements of this chapter or of department or commission rules.
55	55	SECTION 2. This Act takes effect September 1, 2009.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I hereby certify that S.B. No. 1082 passed the Senate on
59	59	April 9, 2009, by the following vote: Yeas 31, Nays 0.
60	60	______________________________
61	61	Secretary of the Senate
62	62	I hereby certify that S.B. No. 1082 passed the House on
63	63	May 26, 2009, by the following vote: Yeas 144, Nays 0, two present
64	64	not voting.
65	65	______________________________
66	66	Chief Clerk of the House
67	67	Approved:
68	68	______________________________
69	69	Date
70	70	______________________________
71	71	Governor