87R603 SRA-D
By: Raymond H.B. No. 651
A BILL TO BE ENTITLED
AN ACT
relating to regulation of hyperbaric medical treatment at a
physician's office; requiring an occupational certificate;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 2, Health and Safety Code, is
amended by adding Chapter 147 to read as follows:
CHAPTER 147. HYPERBARIC MEDICAL TREATMENT
Sec. 147.0001. DEFINITION. In this chapter, "hyperbaric
medical treatment" means treatment for a medical condition using a
hyperbaric chamber or hyperbaric oxygen device approved by the
United States Food and Drug Administration.
Sec. 147.0002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to hyperbaric medical treatment provided at an office
of a physician licensed to practice medicine in this state.
(b) This chapter does not apply to hyperbaric medical
treatment provided at a health care facility other than a
physician's office.
Sec. 147.0003. CERTIFICATE REQUIRED. A person may not
operate a physician's office that provides or offers to provide
hyperbaric medical treatment unless the person holds a certificate
of registration issued under this chapter.
Sec. 147.0004. CERTIFICATE APPLICATION AND ISSUANCE; FEE.
(a) A person may submit to the commission in the form and manner
prescribed by commission rule an application for a certificate of
registration to provide hyperbaric medical treatment under this
chapter.
(b) The executive commissioner by rule shall set an
application fee in an amount necessary to cover the commission's
costs in administering this chapter.
(c) The commission shall issue a certificate of
registration under this chapter to a person who submits a completed
application under Subsection (a) and the fee required under
Subsection (b) and complies with this chapter and rules adopted
under this chapter.
Sec. 147.0005. REGULATION OF TREATMENT. (a) The executive
commissioner by rule shall prescribe minimum standards for
hyperbaric medical treatment to ensure:
(1) the safety of patients; and
(2) that only eligible patients receive treatment.
(b) The minimum standards described by Subsection (a) must
include:
(1) standards for the site of hyperbaric medical
treatment; and
(2) personnel requirements, including training,
credentialing, and competency requirements.
Sec. 147.0006. INSPECTION. (a) The commission and
appropriate fire marshals may conduct an inspection of a
certificate holder to determine compliance with this chapter and
rules adopted under this chapter.
(b) In a commission inspection, the commission shall
inspect the certificate holder's installation of oxygen used in
hyperbaric medical treatment.
Sec. 147.0007. ENFORCEMENT. A person who violates this
chapter is subject to disciplinary action by the commission or the
Texas Medical Board, as appropriate.
Sec. 147.0008. RULES. The executive commissioner and the
Texas Medical Board shall adopt the rules necessary to implement
and enforce this chapter.
SECTION 2. (a) Not later than January 1, 2022, the executive
commissioner of the Health and Human Services Commission and the
Texas Medical Board shall adopt rules necessary to implement
Chapter 147, Health and Safety Code, as added by this Act.
(b) A person is not required to comply with Chapter 147,
Health and Safety Code, as added by this Act, until January 1, 2022.
SECTION 3. This Act takes effect September 1, 2021.