Texas 2021 - 87th Regular

Texas House Bill HB651 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R603 SRA-D
2	2	By: Raymond H.B. No. 651
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of hyperbaric medical treatment at a
8	8	physician's office; requiring an occupational certificate;
9	9	authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle G, Title 2, Health and Safety Code, is
12	12	amended by adding Chapter 147 to read as follows:
13	13	CHAPTER 147. HYPERBARIC MEDICAL TREATMENT
14	14	Sec. 147.0001. DEFINITION. In this chapter, "hyperbaric
15	15	medical treatment" means treatment for a medical condition using a
16	16	hyperbaric chamber or hyperbaric oxygen device approved by the
17	17	United States Food and Drug Administration.
18	18	Sec. 147.0002. APPLICABILITY OF CHAPTER. (a) This chapter
19	19	applies only to hyperbaric medical treatment provided at an office
20	20	of a physician licensed to practice medicine in this state.
21	21	(b) This chapter does not apply to hyperbaric medical
22	22	treatment provided at a health care facility other than a
23	23	physician's office.
24	24	Sec. 147.0003. CERTIFICATE REQUIRED. A person may not
25	25	operate a physician's office that provides or offers to provide
26	26	hyperbaric medical treatment unless the person holds a certificate
27	27	of registration issued under this chapter.
28	28	Sec. 147.0004. CERTIFICATE APPLICATION AND ISSUANCE; FEE.
29	29	(a) A person may submit to the commission in the form and manner
30	30	prescribed by commission rule an application for a certificate of
31	31	registration to provide hyperbaric medical treatment under this
32	32	chapter.
33	33	(b) The executive commissioner by rule shall set an
34	34	application fee in an amount necessary to cover the commission's
35	35	costs in administering this chapter.
36	36	(c) The commission shall issue a certificate of
37	37	registration under this chapter to a person who submits a completed
38	38	application under Subsection (a) and the fee required under
39	39	Subsection (b) and complies with this chapter and rules adopted
40	40	under this chapter.
41	41	Sec. 147.0005. REGULATION OF TREATMENT. (a) The executive
42	42	commissioner by rule shall prescribe minimum standards for
43	43	hyperbaric medical treatment to ensure:
44	44	(1) the safety of patients; and
45	45	(2) that only eligible patients receive treatment.
46	46	(b) The minimum standards described by Subsection (a) must
47	47	include:
48	48	(1) standards for the site of hyperbaric medical
49	49	treatment; and
50	50	(2) personnel requirements, including training,
51	51	credentialing, and competency requirements.
52	52	Sec. 147.0006. INSPECTION. (a) The commission and
53	53	appropriate fire marshals may conduct an inspection of a
54	54	certificate holder to determine compliance with this chapter and
55	55	rules adopted under this chapter.
56	56	(b) In a commission inspection, the commission shall
57	57	inspect the certificate holder's installation of oxygen used in
58	58	hyperbaric medical treatment.
59	59	Sec. 147.0007. ENFORCEMENT. A person who violates this
60	60	chapter is subject to disciplinary action by the commission or the
61	61	Texas Medical Board, as appropriate.
62	62	Sec. 147.0008. RULES. The executive commissioner and the
63	63	Texas Medical Board shall adopt the rules necessary to implement
64	64	and enforce this chapter.
65	65	SECTION 2. (a) Not later than January 1, 2022, the executive
66	66	commissioner of the Health and Human Services Commission and the
67	67	Texas Medical Board shall adopt rules necessary to implement
68	68	Chapter 147, Health and Safety Code, as added by this Act.
69	69	(b) A person is not required to comply with Chapter 147,
70	70	Health and Safety Code, as added by this Act, until January 1, 2022.
71	71	SECTION 3. This Act takes effect September 1, 2021.