| 1 | 1 | | By: Deuell S.B. No. 978 |
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| 2 | 2 | | (S. Davis of Harris) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to regulation by the Texas Medical Board of local |
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| 8 | 8 | | anesthesia and peripheral nerve blocks administered in an |
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| 9 | 9 | | outpatient setting. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 162.103, Occupations Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 162.103. APPLICABILITY. Rules adopted by the board |
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| 14 | 14 | | under this subchapter do not apply to: |
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| 15 | 15 | | (1) an outpatient setting in which only local |
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| 16 | 16 | | anesthesia, peripheral nerve blocks, or both are used in a total |
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| 17 | 17 | | dosage amount that does not exceed 50 percent of the recommended |
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| 18 | 18 | | maximum safe dosage per outpatient visit; |
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| 19 | 19 | | (2) a licensed hospital, including an outpatient |
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| 20 | 20 | | facility of the hospital that is located separate from the |
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| 21 | 21 | | hospital; |
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| 22 | 22 | | (3) a licensed ambulatory surgical center; |
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| 23 | 23 | | (4) a clinic located on land recognized as tribal land |
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| 24 | 24 | | by the federal government and maintained or operated by a federally |
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| 25 | 25 | | recognized Indian tribe or tribal organization as listed by the |
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| 26 | 26 | | United States secretary of the interior under 25 U.S.C. Section |
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| 27 | 27 | | 479a-1 or as listed under a successor federal statute or |
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| 28 | 28 | | regulation; |
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| 29 | 29 | | (5) a facility maintained or operated by a state or |
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| 30 | 30 | | local governmental entity; |
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| 31 | 31 | | (6) a clinic directly maintained or operated by the |
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| 32 | 32 | | United States; or |
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| 33 | 33 | | (7) an outpatient setting accredited by: |
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| 34 | 34 | | (A) The [the] Joint Commission [on Accreditation |
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| 35 | 35 | | of Healthcare Organizations] relating to ambulatory surgical |
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| 36 | 36 | | centers; |
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| 37 | 37 | | (B) the American Association for [the] |
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| 38 | 38 | | Accreditation of Ambulatory Surgery Facilities; or |
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| 39 | 39 | | (C) the Accreditation Association for Ambulatory |
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| 40 | 40 | | Health Care. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act to Section |
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| 42 | 42 | | 162.103, Occupations Code, and rules adopted by the Texas Medical |
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| 43 | 43 | | Board under Subchapter C, Chapter 162, Occupations Code, apply only |
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| 44 | 44 | | to an outpatient setting in which only local anesthesia, peripheral |
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| 45 | 45 | | nerve blocks, or both are used on or after the effective date of |
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| 46 | 46 | | this Act. An outpatient setting in which only local anesthesia, |
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| 47 | 47 | | peripheral nerve blocks, or both are used before the effective date |
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| 48 | 48 | | of this Act is governed by the law in effect on the date the local |
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| 49 | 49 | | anesthesia, peripheral nerve blocks, or both are used, and the |
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| 50 | 50 | | former law is continued in effect for that purpose. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2013. |
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