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AN ACT
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relating to prices charged by a medical staffing services agency |
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during certain designated public health disaster periods; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Health and Safety Code, is |
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amended by adding Chapter 81B to read as follows: |
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CHAPTER 81B. PRICE GOUGING OF MEDICAL STAFFING SERVICES DURING |
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DESIGNATED PUBLIC HEALTH DISASTER PERIOD |
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Sec. 81B.001. DEFINITION. In this chapter, "designated |
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public health disaster period" means a period: |
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(1) based on a threat to the public health, including a |
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threat from: |
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(A) a chemical, biological, explosive, nuclear, |
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or radiological attack or incident; or |
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(B) a communicable disease, epidemic, or |
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pandemic; |
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(2) beginning on the earlier of the date: |
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(A) the governor issues a proclamation or |
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executive order declaring a state of disaster under Chapter 418, |
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Government Code, for any area of this state; |
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(B) the president of the United States declares a |
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state of disaster that includes an area of this state as part of the |
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federally declared disaster area; or |
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(C) a disaster described by Paragraph (A) or (B) |
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occurs; and |
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(3) ending on the 30th day after the date the disaster |
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declaration expires or is terminated. |
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Sec. 81B.002. APPLICABILITY. This chapter applies only to |
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a medical staffing services agency that provides the following |
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health care professionals to fill vacancies or address temporary |
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staffing needs during a designated public health disaster period: |
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(1) physician assistants licensed under Chapter 204, |
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Occupations Code; |
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(2) surgical assistants licensed under Chapter 206, |
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Occupations Code; |
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(3) nurses licensed under Chapter 301, Occupations |
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Code; or |
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(4) nurse aides listed in the nurse aide registry |
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under Chapter 250. |
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Sec. 81B.003. PROHIBITED PRICE GOUGING DURING DESIGNATED |
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PUBLIC HEALTH DISASTER PERIOD. During a designated public health |
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disaster period, a medical staffing services agency to which this |
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chapter applies may not, in an area subject to the declared state of |
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disaster: |
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(1) provide medical staffing services to a health care |
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organization or other entity in this state at an exorbitant or |
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excessive price; or |
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(2) demand or charge an exorbitant or excessive price |
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to provide medical staffing services to a health care organization |
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or other entity in this state. |
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Sec. 81B.004. CIVIL PENALTY; INJUNCTION. (a) A medical |
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staffing services agency that violates this chapter is subject to a |
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civil penalty in an amount not to exceed $10,000 for each violation. |
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(b) The consumer protection division of the office of the |
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attorney general may bring an action in the name of the state to: |
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(1) recover a civil penalty under this section; or |
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(2) temporarily or permanently restrain or enjoin the |
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person from violating this chapter. |
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(c) The consumer protection division of the office of the |
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attorney general may recover reasonable expenses incurred in |
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obtaining a civil penalty under this section, including court |
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costs, reasonable attorney's fees, expert witness fees, deposition |
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expenses, and investigatory costs. |
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(d) An action under this section may be brought: |
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(1) in a district court of the county in which: |
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(A) the defendant resides; |
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(B) the defendant's principal place of business |
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is located; |
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(C) the defendant conducts business; or |
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(D) the transaction giving rise to the claim |
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occurred; or |
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(2) on the consent of the parties, in a district court |
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of Travis County. |
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SECTION 2. The changes in law made by this Act apply only to |
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an act that occurs on or after the effective date of this Act. An |
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act that occurs before the effective date of this Act is governed by |
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the law in effect on the date the act occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 401 passed the Senate on |
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April 3, 2023, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 401 passed the House, with |
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amendment, on May 23, 2023, by the following vote: Yeas 128, |
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Nays 15, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |