83R5892 SCL-D By: Deuell S.B. No. 413 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, 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 in a freestanding emergency medical care facility licensed under this chapter from providing at the time emergency care is provided medical care 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) The executive commissioner may not adopt a rule under Section 254.151(a) 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, 2013.