| 1 | 1 | | S.B. No. 1932 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the licensing requirements of hospitals temporarily |
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| 6 | 6 | | providing outpatient dialysis services to a person because of a |
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| 7 | 7 | | disaster. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 251.012, Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The |
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| 12 | 12 | | following facilities are not required to be licensed under this |
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| 13 | 13 | | chapter: |
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| 14 | 14 | | (1) a home and community support services agency |
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| 15 | 15 | | licensed under Chapter 142 with a home dialysis designation; |
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| 16 | 16 | | (2) a hospital licensed under Chapter 241 that |
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| 17 | 17 | | provides dialysis only to: |
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| 18 | 18 | | (A) individuals receiving inpatient services |
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| 19 | 19 | | from the hospital; or |
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| 20 | 20 | | (B) individuals temporarily receiving outpatient |
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| 21 | 21 | | services from the hospital due to a disaster declared by the |
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| 22 | 22 | | governor or a federal disaster declared by the president of the |
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| 23 | 23 | | United States occurring in this state or another state during the |
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| 24 | 24 | | term of the disaster declaration; or |
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| 25 | 25 | | (3) the office of a physician unless the office is used |
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| 26 | 26 | | primarily as an end stage renal disease facility. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 28 | | to dialysis services provided on or after the effective date of this |
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| 29 | 29 | | Act. Dialysis services provided before the effective date of this |
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| 30 | 30 | | Act are covered by the law in effect immediately before that date, |
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| 31 | 31 | | and the former law is continued in effect for that purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2009. |
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| 37 | 37 | | ______________________________ ______________________________ |
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| 38 | 38 | | President of the Senate Speaker of the House |
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| 39 | 39 | | I hereby certify that S.B. No. 1932 passed the Senate on |
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| 40 | 40 | | May 5, 2009, by the following vote: Yeas 31, Nays 0. |
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| 41 | 41 | | ______________________________ |
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| 42 | 42 | | Secretary of the Senate |
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| 43 | 43 | | I hereby certify that S.B. No. 1932 passed the House on |
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| 44 | 44 | | May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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| 45 | 45 | | present not voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | Approved: |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Date |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Governor |
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