82R27743 YDB-D
By: Deuell S.B. No. 1206
(Zerwas)
Substitute the following for S.B. No. 1206: No.
A BILL TO BE ENTITLED
AN ACT
relating to medical care and public health services provided by a
health care professional in a licensed freestanding emergency
medical care facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 254, Health and Safety
Code, as added by Chapter 1273 (H.B. 1357), Acts of the 81st
Legislature, Regular Session, 2009, is amended by adding Section
254.002 to read as follows:
Sec. 254.002. APPLICABILITY OF CHAPTER; LIMITATIONS ON
FACILITY FEES AND RULEMAKING AUTHORITY. (a) This chapter may not
be construed as prohibiting a licensed health care professional
from providing in a freestanding emergency medical care facility
licensed under this chapter medical care provided at the time
emergency care is provided, or public health services, that are
within the scope of the health care professional's license and that
are not required to be provided in another facility under other law.
The health care professional may charge a facility fee for the
medical care or public health service provided to a patient only if
the care or service is provided:
(1) as part of the emergency care provided to the
patient; or
(2) at the time nonrelated emergency care is provided
to the patient.
(b) In adopting rules under Section 254.151(a), the
executive commissioner may not adopt a rule that conflicts with
Subsection (a).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.