Texas 2021 - 87th Regular

Texas Senate Bill SB1692 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1692
	1	+	87R25987 JG-F
	2	+	By: Miles S.B. No. 1692
	3	+	(Longoria)
	4	+	Substitute the following for S.B. No. 1692: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5		-	relating to the provision of home dialysis care by a dialysis
6		-	technician.
	9	+	relating to licensing requirements to operate an end stage renal
	10	+	disease facility and the provision of home dialysis care by a
	11	+	dialysis technician.
7	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Subchapter C, Chapter 251, Health and Safety
	13	+	SECTION 1. Section 251.012, Health and Safety Code, is
	14	+	amended to read as follows:
	15	+	Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The
	16	+	following facilities are not required to be licensed under this
	17	+	chapter:
	18	+	(1) a home and community support services agency that
	19	+	is licensed under Chapter 142 with a home dialysis designation and
	20	+	that:
	21	+	(A) has not more than five patients at any time as
	22	+	a total number of patients to whom the agency provides dialysis
	23	+	services; or
	24	+	(B) is certified by the Centers for Medicare and
	25	+	Medicaid Services as an end stage renal disease facility under
	26	+	Medicare;
	27	+	(2) a hospital licensed under Chapter 241 that
	28	+	provides dialysis only to individuals receiving:
	29	+	(A) inpatient services from the hospital; or
	30	+	(B) outpatient services due to a disaster
	31	+	declared by the governor or a federal disaster declared by the
	32	+	president of the United States occurring in this state or another
	33	+	state during the term of the disaster declaration;
	34	+	(3) a hospital operated by or on behalf of the state as
	35	+	part of the managed health care provider network established under
	36	+	Chapter 501, Government Code, that provides dialysis only to
	37	+	individuals receiving:
	38	+	(A) inpatient services from the hospital; or
	39	+	(B) outpatient services while serving a term of
	40	+	confinement in a facility operated by or under contract with the
	41	+	Texas Department of Criminal Justice;
	42	+	(4) an end stage renal disease facility operated by or
	43	+	on behalf of the state as part of the managed health care provider
	44	+	network established under Chapter 501, Government Code, that
	45	+	provides dialysis only to individuals receiving those services
	46	+	while serving a term of confinement in a facility operated by or
	47	+	under contract with the Texas Department of Criminal Justice; or
	48	+	(5) the office of a physician, other than an [unless
	49	+	the] office [is] used primarily as an end stage renal disease
	50	+	facility, that:
	51	+	(A) has not more than five patients at any time as
	52	+	a total number of patients to whom the office provides dialysis
	53	+	services; or
	54	+	(B) is certified by the Centers for Medicare and
	55	+	Medicaid Services as an end stage renal disease facility under
	56	+	Medicare.
	57	+	SECTION 2. Subchapter C, Chapter 251, Health and Safety
9	58		Code, is amended by adding Section 251.033 to read as follows:
10	59		Sec. 251.033. PROVISION OF HOME DIALYSIS CARE IN NURSING
11	60		FACILITIES. (a) A dialysis technician may provide home dialysis
12	61		care in a nursing facility, including hemodialysis, only if:
13	62		(1) the care is provided under the personal
14	63		supervision of a registered nurse who is:
15		-	(A) in compliance with all commission rules under
16		-	26 T.A.C. Section 558.405 regarding training and competency for
17		-	registered nurses to provide care at end stage renal disease
18		-	facilities; and
	64	+	(A) in compliance with all commission rules
	65	+	regarding training and competency for registered nurses to provide
	66	+	care at end stage renal disease facilities; and
19	67		(B) employed by the same entity that employs the
20	68		dialysis technician; and
21	69		(2) the dialysis technician has complied with all
22	70		commission rules regarding training and competency for dialysis
23	71		technicians.
24	72		(b) For purposes of this section, "personal supervision"
25	73		means supervision of a dialysis technician by a registered nurse
26	74		who is physically present in the room during the administration of
27	75		dialysis services by the dialysis technician.
28		-	SECTION 2. As soon as practicable after the effective date
	76	+	SECTION 3. As soon as practicable after the effective date
29	77		of this Act, the executive commissioner of the Health and Human
30	78		Services Commission shall adopt rules necessary to implement
31	79		Section 251.033, Health and Safety Code, as added by this Act.
32		-	SECTION 3. This Act takes effect September 1, 2021.
33		-	______________________________ ______________________________
34		-	President of the Senate Speaker of the House
35		-	I hereby certify that S.B. No. 1692 passed the Senate on
36		-	April 26, 2021, by the following vote: Yeas 31, Nays 0; and that
37		-	the Senate concurred in House amendments on May 27, 2021, by the
38		-	following vote: Yeas 31, Nays 0.
39		-	______________________________
40		-	Secretary of the Senate
41		-	I hereby certify that S.B. No. 1692 passed the House, with
42		-	amendments, on May 24, 2021, by the following vote: Yeas 109,
43		-	Nays 34, one present not voting.
44		-	______________________________
45		-	Chief Clerk of the House
46		-	Approved:
47		-	______________________________
48		-	Date
49		-	______________________________
50		-	Governor
	80	+	SECTION 4. This Act takes effect September 1, 2021.