87R25987 JG-F
By: Miles S.B. No. 1692
(Longoria)
Substitute the following for S.B. No. 1692: No.
A BILL TO BE ENTITLED
AN ACT
relating to licensing requirements to operate an end stage renal
disease facility and the provision of home dialysis care by a
dialysis technician.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.012, Health and Safety Code, is
amended to read as follows:
Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The
following facilities are not required to be licensed under this
chapter:
(1) a home and community support services agency that
is licensed under Chapter 142 with a home dialysis designation and
that:
(A) has not more than five patients at any time as
a total number of patients to whom the agency provides dialysis
services; or
(B) is certified by the Centers for Medicare and
Medicaid Services as an end stage renal disease facility under
Medicare;
(2) a hospital licensed under Chapter 241 that
provides dialysis only to individuals receiving:
(A) inpatient services from the hospital; or
(B) outpatient services due to a disaster
declared by the governor or a federal disaster declared by the
president of the United States occurring in this state or another
state during the term of the disaster declaration;
(3) a hospital operated by or on behalf of the state as
part of the managed health care provider network established under
Chapter 501, Government Code, that provides dialysis only to
individuals receiving:
(A) inpatient services from the hospital; or
(B) outpatient services while serving a term of
confinement in a facility operated by or under contract with the
Texas Department of Criminal Justice;
(4) an end stage renal disease facility operated by or
on behalf of the state as part of the managed health care provider
network established under Chapter 501, Government Code, that
provides dialysis only to individuals receiving those services
while serving a term of confinement in a facility operated by or
under contract with the Texas Department of Criminal Justice; or
(5) the office of a physician, other than an [unless
the] office [is] used primarily as an end stage renal disease
facility, that:
(A) has not more than five patients at any time as
a total number of patients to whom the office provides dialysis
services; or
(B) is certified by the Centers for Medicare and
Medicaid Services as an end stage renal disease facility under
Medicare.
SECTION 2. Subchapter C, Chapter 251, Health and Safety
Code, is amended by adding Section 251.033 to read as follows:
Sec. 251.033. PROVISION OF HOME DIALYSIS CARE IN NURSING
FACILITIES. (a) A dialysis technician may provide home dialysis
care in a nursing facility, including hemodialysis, only if:
(1) the care is provided under the personal
supervision of a registered nurse who is:
(A) in compliance with all commission rules
regarding training and competency for registered nurses to provide
care at end stage renal disease facilities; and
(B) employed by the same entity that employs the
dialysis technician; and
(2) the dialysis technician has complied with all
commission rules regarding training and competency for dialysis
technicians.
(b) For purposes of this section, "personal supervision"
means supervision of a dialysis technician by a registered nurse
who is physically present in the room during the administration of
dialysis services by the dialysis technician.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Section 251.033, Health and Safety Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2021.