Texas 2011 - 82nd Regular

Texas Senate Bill SB1449 Compare Versions

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Old	New	Differences
1	1	82R28764 EES-F
2	2	By: Zaffirini S.B. No. 1449
3	3	(Raymond)
4	4	Substitute the following for S.B. No. 1449: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an alternative method of satisfying certain licensing
10	10	requirements for chemical dependency treatment facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsection (b), Section 464.005, Health and
13	13	Safety Code, is amended to read as follows:
14	14	(b) The Department of State Health Services [commission]
15	15	may require an inspection before renewing a license, unless the
16	16	applicant submits an accreditation review from the Commission on
17	17	Accreditation of Rehabilitation Facilities, the Joint Commission,
18	18	or another national accreditation organization recognized by the
19	19	department in accordance with Section 464.0055.
20	20	SECTION 2. Subchapter A, Chapter 464, Health and Safety
21	21	Code, is amended by adding Section 464.0055 to read as follows:
22	22	Sec. 464.0055. ACCREDITATION REVIEW TO SATISFY INSPECTION
23	23	REQUIREMENTS. (a) In this section:
24	24	(1) "Accreditation commission" means the Commission
25	25	on Accreditation of Rehabilitation Facilities, the Joint
26	26	Commission, or another national accreditation organization
27	27	recognized by the Department of State Health Services.
28	28	(2) "Department" means the Department of State Health
29	29	Services.
30	30	(b) The department shall accept an accreditation review
31	31	from an accreditation commission for a treatment facility instead
32	32	of an inspection by the department for renewal of a license under
33	33	Section 464.005, but only if:
34	34	(1) the treatment facility is accredited by the
35	35	Commission on Accreditation of Rehabilitation Facilities, the
36	36	Joint Commission, or another national accreditation organization
37	37	recognized by the department;
38	38	(2) the accreditation commission maintains and
39	39	updates an inspection or review program that, for each treatment
40	40	facility, meets the department's applicable minimum standards;
41	41	(3) the accreditation commission conducts a regular
42	42	on-site inspection or review of the treatment facility according to
43	43	the accreditation commission's guidelines; and
44	44	(4) the treatment facility submits to the department a
45	45	copy of its most recent accreditation review from the accreditation
46	46	commission in addition to the application, fee, and any report or
47	47	other document required for renewal of a license.
48	48	(c) This section does not limit the department in performing
49	49	any duties, investigations, or inspections authorized by this
50	50	chapter, including authority to take appropriate action relating to
51	51	a treatment facility, such as closing the treatment facility.
52	52	(d) This section does not require a treatment facility to
53	53	obtain accreditation from an accreditation commission.
54	54	SECTION 3. Section 464.005, Health and Safety Code, as
55	55	amended by this Act, and Section 464.0055, Health and Safety Code,
56	56	as added by this Act, apply only to the renewal of a license to
57	57	operate a chemical dependency treatment facility that expires on or
58	58	after the effective date of this Act. A license that expires before
59	59	that date is governed by the law in effect on the date the license
60	60	expires, and the former law is continued in effect for that purpose.
61	61	SECTION 4. This Act takes effect September 1, 2011.