81R8758 YDB-F
By: Wentworth S.B. No. 1193
A BILL TO BE ENTITLED
AN ACT
relating to the maintenance and service of certain medical devices
in health care facilities; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 431, Health and Safety
Code, is amended by adding Section 431.0215 to read as follows:
Sec. 431.0215. ADDITIONAL PROHIBITED ACTS; CRIMINAL
PENALTY. (a) In this section, "facility" means a hospital,
ambulatory surgical center, physician's office, or medical clinic
that is authorized under the laws of this state to provide health
care in this state.
(b) Except as provided by Subsection (c), a person may not
calibrate, repair, or perform preventive maintenance on or
otherwise service a device designated by the United States Food and
Drug Administration as a class II or class III medical device in a
facility unless the person:
(1) holds an associate of applied science degree as a
biomedical equipment technician issued by an accredited college or
university;
(2) holds a bachelor's degree in engineering; or
(3) holds a certification to maintain or service a
class II or class III medical device issued by the United States
military.
(c) Subsection (b) does not apply to the calibration,
repair, maintenance, or service of a class II or class III medical
device that is used only for teaching and research purposes.
(d) A person commits an offense if the person violates
Subsection (b). An offense under this subsection is a Class C
misdemeanor.
SECTION 2. This Act takes effect September 1, 2009.