|  | AN ACT | 
|  | relating to the billing of anatomic pathology services; providing | 
|  | penalties. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Subtitle B, Title 3, Occupations Code, is | 
|  | amended by adding Chapter 166 to read as follows: | 
|  | CHAPTER 166.  BILLING OF ANATOMIC PATHOLOGY SERVICES | 
|  | Sec. 166.001.  DEFINITION.  In this chapter, "anatomic | 
|  | pathology services" means: | 
|  | (1)  histopathology or surgical pathology, which is the | 
|  | gross and microscopic examination and histologic processing of | 
|  | organ tissue performed by a physician or under the supervision of a | 
|  | physician; | 
|  | (2)  cytopathology, which is the microscopic | 
|  | examination of cells from the following: | 
|  | (A)  fluids; | 
|  | (B)  aspirates; | 
|  | (C)  washings; | 
|  | (D)  brushings; or | 
|  | (E)  smears, including a Pap smear, performed by a | 
|  | physician or under the supervision of a physician; | 
|  | (3)  hematology, which is the microscopic evaluation of | 
|  | bone marrow aspirates and biopsies performed by a physician, or | 
|  | under the supervision of a physician, and peripheral blood smears | 
|  | when the attending or treating physician or technologist requests | 
|  | that a blood smear be reviewed by a pathologist; | 
|  | (4)  sub-cellular pathology and molecular pathology; | 
|  | or | 
|  | (5)  a blood-banking service performed by a | 
|  | pathologist. | 
|  | Sec. 166.002.  ANATOMIC PATHOLOGY BILLING.  Notwithstanding | 
|  | any other law, a person, including a physician and an entity, | 
|  | violates this subtitle and is subject to disciplinary action and | 
|  | penalties under this subtitle if the person: | 
|  | (1)  does not directly supervise or perform anatomic | 
|  | pathology services for a patient; and | 
|  | (2)  fails to disclose in the bill presented by the | 
|  | person to the patient or the insurer or other third party payor, or | 
|  | in an itemized statement to the patient: | 
|  | (A)  the name and address of the physician or | 
|  | laboratory that provided the anatomic pathology services; and | 
|  | (B)  the net amount paid or to be paid for each | 
|  | anatomic pathology service provided to the patient by the physician | 
|  | or laboratory. | 
|  | SECTION 2.  Chapter 166, Occupations Code, as added by this | 
|  | Act, applies only to anatomic pathology services performed on or | 
|  | after the effective date of this Act. | 
|  | SECTION 3.  The Texas Medical Board may adopt rules | 
|  | necessary to implement Chapter 166, Occupations Code, as added by | 
|  | this Act. | 
|  | SECTION 4.  This Act takes effect September 1, 2007. | 
|  |  | 
|  |  | 
|  |  | 
|  | ____________________________________________________________ | 
|  | President of the Senate             Speaker of the House | 
|  | I hereby certify that S.B. No. 1832 passed the Senate on | 
|  | April 25, 2007, by the following vote:  Yeas 29, Nays 0. | 
|  |  | 
|  |  | 
|  |  | 
|  | ______________________________ | 
|  | Secretary of the Senate | 
|  | I hereby certify that S.B. No. 1832 passed the House on | 
|  | May 4, 2007, by the following vote:  Yeas 141, Nays 0, one present | 
|  | not voting. | 
|  |  | 
|  |  | 
|  |  | 
|  | ______________________________ | 
|  | Chief Clerk of the House | 
|  |  | 
|  |  | 
|  | Approved: | 
|  |  | 
|  | ______________________________ | 
|  | ______________________________ | 
|  | Date | 
|  |  | 
|  |  | 
|  | ______________________________ | 
|  | ______________________________ | 
|  | Governor |