| 1 | 1 | | 82R27743 YDB-D |
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| 2 | 2 | | By: Deuell S.B. No. 1206 |
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| 3 | 3 | | (Zerwas) |
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| 4 | 4 | | Substitute the following for S.B. No. 1206: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to medical care and public health services provided by a |
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| 10 | 10 | | health care professional in a licensed freestanding emergency |
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| 11 | 11 | | medical care facility. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter A, Chapter 254, Health and Safety |
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| 14 | 14 | | Code, as added by Chapter 1273 (H.B. 1357), Acts of the 81st |
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| 15 | 15 | | Legislature, Regular Session, 2009, is amended by adding Section |
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| 16 | 16 | | 254.002 to read as follows: |
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| 17 | 17 | | Sec. 254.002. APPLICABILITY OF CHAPTER; LIMITATIONS ON |
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| 18 | 18 | | FACILITY FEES AND RULEMAKING AUTHORITY. (a) This chapter may not |
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| 19 | 19 | | be construed as prohibiting a licensed health care professional |
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| 20 | 20 | | from providing in a freestanding emergency medical care facility |
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| 21 | 21 | | licensed under this chapter medical care provided at the time |
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| 22 | 22 | | emergency care is provided, or public health services, that are |
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| 23 | 23 | | within the scope of the health care professional's license and that |
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| 24 | 24 | | are not required to be provided in another facility under other law. |
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| 25 | 25 | | The health care professional may charge a facility fee for the |
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| 26 | 26 | | medical care or public health service provided to a patient only if |
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| 27 | 27 | | the care or service is provided: |
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| 28 | 28 | | (1) as part of the emergency care provided to the |
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| 29 | 29 | | patient; or |
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| 30 | 30 | | (2) at the time nonrelated emergency care is provided |
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| 31 | 31 | | to the patient. |
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| 32 | 32 | | (b) In adopting rules under Section 254.151(a), the |
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| 33 | 33 | | executive commissioner may not adopt a rule that conflicts with |
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| 34 | 34 | | Subsection (a). |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2011. |
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