| 1 | 1 | | 81R8758 YDB-F |
|---|
| 2 | 2 | | By: Wentworth S.B. No. 1193 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the maintenance and service of certain medical devices |
|---|
| 8 | 8 | | in health care facilities; providing a criminal penalty. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter B, Chapter 431, Health and Safety |
|---|
| 11 | 11 | | Code, is amended by adding Section 431.0215 to read as follows: |
|---|
| 12 | 12 | | Sec. 431.0215. ADDITIONAL PROHIBITED ACTS; CRIMINAL |
|---|
| 13 | 13 | | PENALTY. (a) In this section, "facility" means a hospital, |
|---|
| 14 | 14 | | ambulatory surgical center, physician's office, or medical clinic |
|---|
| 15 | 15 | | that is authorized under the laws of this state to provide health |
|---|
| 16 | 16 | | care in this state. |
|---|
| 17 | 17 | | (b) Except as provided by Subsection (c), a person may not |
|---|
| 18 | 18 | | calibrate, repair, or perform preventive maintenance on or |
|---|
| 19 | 19 | | otherwise service a device designated by the United States Food and |
|---|
| 20 | 20 | | Drug Administration as a class II or class III medical device in a |
|---|
| 21 | 21 | | facility unless the person: |
|---|
| 22 | 22 | | (1) holds an associate of applied science degree as a |
|---|
| 23 | 23 | | biomedical equipment technician issued by an accredited college or |
|---|
| 24 | 24 | | university; |
|---|
| 25 | 25 | | (2) holds a bachelor's degree in engineering; or |
|---|
| 26 | 26 | | (3) holds a certification to maintain or service a |
|---|
| 27 | 27 | | class II or class III medical device issued by the United States |
|---|
| 28 | 28 | | military. |
|---|
| 29 | 29 | | (c) Subsection (b) does not apply to the calibration, |
|---|
| 30 | 30 | | repair, maintenance, or service of a class II or class III medical |
|---|
| 31 | 31 | | device that is used only for teaching and research purposes. |
|---|
| 32 | 32 | | (d) A person commits an offense if the person violates |
|---|
| 33 | 33 | | Subsection (b). An offense under this subsection is a Class C |
|---|
| 34 | 34 | | misdemeanor. |
|---|
| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|