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