| 1 | 1 | | 85R13173 SCL-F |
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| 2 | 2 | | By: Farrar H.B. No. 4062 |
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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 rules for hospital sanitation standards and a |
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| 8 | 8 | | limitation on certain Department of State Health Services rules. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 241.026(a), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The executive commissioner shall adopt rules and the |
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| 13 | 13 | | department shall enforce the rules to further the purposes of this |
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| 14 | 14 | | chapter. The rules at a minimum shall address: |
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| 15 | 15 | | (1) minimum requirements for staffing by physicians |
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| 16 | 16 | | and nurses; |
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| 17 | 17 | | (2) hospital services relating to patient care; |
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| 18 | 18 | | (3) fire prevention and[,] safety[, and sanitation] |
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| 19 | 19 | | requirements in hospitals; |
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| 20 | 20 | | (4) patient care and a patient bill of rights; |
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| 21 | 21 | | (5) compliance with other state and federal laws |
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| 22 | 22 | | affecting the health, safety, and rights of hospital patients; |
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| 23 | 23 | | [and] |
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| 24 | 24 | | (6) compliance with nursing peer review under |
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| 25 | 25 | | Subchapter I, Chapter 301, and Chapter 303, Occupations Code, and |
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| 26 | 26 | | the rules of the Texas Board of Nursing relating to peer review; and |
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| 27 | 27 | | (7) requirements for implementing standards for |
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| 28 | 28 | | sanitation procedures established to prevent infection or illness |
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| 29 | 29 | | in a hospital. |
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| 30 | 30 | | SECTION 2. Subchapter D, Chapter 1001, Health and Safety |
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| 31 | 31 | | Code, is amended by adding Section 1001.0745 to read as follows: |
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| 32 | 32 | | Sec. 1001.0745. LIMITATION ON RULEMAKING AUTHORITY FOR |
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| 33 | 33 | | CERTAIN RULES. The executive commissioner by rule may only |
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| 34 | 34 | | prescribe a medical care, health care, or health care facility |
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| 35 | 35 | | standard that: |
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| 36 | 36 | | (1) is based on widespread and peer-reviewed |
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| 37 | 37 | | scientific research; and |
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| 38 | 38 | | (2) reflects best practices as determined by the |
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| 39 | 39 | | medical community. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2017. |
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