1-1  By:  Cuellar of Hidalgo, et al.                       H.B. No. 1483
    1-2       (Senate Sponsor - Lucio)
    1-3        (In the Senate - Received from the House May 3, 1993;
    1-4  May 4, 1993, read first time and referred to Committee on Health
    1-5  and Human Services; May 19, 1993, reported favorably by the
    1-6  following vote:  Yeas 8, Nays 0; May 19, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson                                       x  
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18                         A BILL TO BE ENTITLED
   1-19                                AN ACT
   1-20  relating to the regulation of women's service centers; providing
   1-21  civil and criminal penalties.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Subtitle B, Title 4, Health and Safety Code, is
   1-24  amended by adding Chapter 249 to read as follows:
   1-25                 CHAPTER 249.  WOMEN'S SERVICE CENTER
   1-26        Sec. 249.001.  DEFINITION.  In this chapter, "women's service
   1-27  center" means a facility that offers services, facilities, and beds
   1-28  for two or more unrelated individuals who may require a stay of
   1-29  longer than 24 hours but not longer than three days and who are
   1-30  solely admitted, treated, and discharged for women's services
   1-31  related to education, outreach, support services, nursery,
   1-32  obstetrical care, gynecological care, and surgery.
   1-33        Sec. 249.002.  LICENSE REQUIRED.  (a)  A person may not
   1-34  establish or operate a women's service center in this state without
   1-35  an appropriate license issued under this chapter.
   1-36        (b)  Each women's service center must have a separate
   1-37  license.
   1-38        (c)  A license is not transferable or assignable.
   1-39        (d)  The department may issue a temporary license pending the
   1-40  completion of the application procedures under Section 249.004 if
   1-41  the issuance is appropriate to safeguard the health and safety of
   1-42  the patients in the women's service center.
   1-43        Sec. 249.003.  EXEMPTIONS FROM LICENSING REQUIREMENT.  The
   1-44  following facilities need not be licensed under this chapter:
   1-45              (1)  a hospital licensed under Chapter 241;
   1-46              (2)  an ambulatory surgical center licensed under
   1-47  Chapter 243;
   1-48              (3)  a birthing center licensed under Chapter 244;
   1-49              (4)  an office or clinic of a licensed physician,
   1-50  certified nurse midwife, or certified nurse practitioner;
   1-51              (5)  a facility maintained or operated by the federal
   1-52  government or an agency of the federal government; or
   1-53              (6)  a facility maintained or operated by this state or
   1-54  an agency of this state.
   1-55        Sec. 249.004.  LICENSE APPLICATION AND ISSUANCE.  (a)  An
   1-56  applicant for a women's service center license must submit an
   1-57  application to the department on a form prescribed by the
   1-58  department.
   1-59        (b)  Each application must be accompanied by a nonrefundable
   1-60  license fee in an amount set by the board.
   1-61        (c)  The department shall issue the appropriate license if,
   1-62  after inspection and investigation, it finds that the applicant and
   1-63  the center meet the requirements of this chapter and the standards
   1-64  adopted under this chapter.
   1-65        (d)  The license fee shall be paid annually on renewal of the
   1-66  license.
   1-67        Sec. 249.005.  INSPECTIONS.  The department may inspect a
   1-68  women's service center at reasonable times as necessary to assure
    2-1  compliance with this chapter.
    2-2        Sec. 249.006.  FEES.  The board shall set fees imposed by
    2-3  this chapter in amounts reasonable and necessary to defray the cost
    2-4  of administering this chapter.
    2-5        Sec. 249.007.  PROVISIONS RELATING TO PATIENTS.  (a)  A
    2-6  women's service center may require a patient to stay in the center
    2-7  longer than three days if a physician determines that a longer stay
    2-8  is medically necessary and appropriate for that patient.  A women's
    2-9  service center that requires a longer stay under this subsection
   2-10  does not thereby lose its status as a women's service center and is
   2-11  not required to obtain any additional licenses based solely on that
   2-12  fact.
   2-13        (b)  A woman who has received prenatal care at a women's
   2-14  service center is eligible for delivery services at that center.
   2-15  However, emergency delivery services shall not be denied.
   2-16        Sec. 249.008.  ADOPTION OF RULES.  (a)  The board shall adopt
   2-17  rules necessary to implement this chapter.
   2-18        (b)  The board shall adopt rules that provide requirements
   2-19  for the issuance, renewal, denial, suspension, and revocation of a
   2-20  license.
   2-21        Sec. 249.009.  MINIMUM STANDARDS.  The board shall adopt
   2-22  rules that provide minimum standards for a women's service center,
   2-23  including standards that relate to:
   2-24              (1)  the protection of the health and safety of a
   2-25  patient;
   2-26              (2)  the construction and design, including plumbing,
   2-27  heating, lighting, ventilation, and other design standards
   2-28  necessary to ensure the health and safety of patients;
   2-29              (3)  construction plan approval and inspection;
   2-30              (4)  the sanitary and hygienic conditions in the center
   2-31  and its surroundings;
   2-32              (5)  the equipment essential to the health and safety
   2-33  of the patients;
   2-34              (6)  the qualifications of the professional staff and
   2-35  other personnel;
   2-36              (7)  minimum requirements for staffing by physicians
   2-37  and nurses;
   2-38              (8)  a quality assurance program for patient care;
   2-39              (9)  the organizational structure, including the lines
   2-40  of authority and delegation of responsibility;
   2-41              (10)  clinical records of care and services, including
   2-42  the disposal or destruction of those records;
   2-43              (11)  written agreements for contractual services with
   2-44  general hospitals;
   2-45              (12)  the provision and coordination of treatment and
   2-46  services;
   2-47              (13)  minimum requirements for entering into a written
   2-48  agreement with a general hospital for an immediate transfer of
   2-49  patients when special services are needed but are not available at
   2-50  the women's service center;
   2-51              (14)  the issuance, renewal, denial, suspension,
   2-52  emergency suspension, and revocation of a license required by this
   2-53  chapter; and
   2-54              (15)  any other aspect of the operation of a women's
   2-55  service center that the board considers necessary to protect the
   2-56  public.
   2-57        Sec. 249.010.  MINIMUM STANDARDS FOR PATIENT TRANSFERS.
   2-58  (a)  The board shall adopt rules to implement the minimum standards
   2-59  governing the transfer of patients from women's service centers to
   2-60  hospitals.
   2-61        (b)  The rules must provide that patient transfers to
   2-62  hospitals be accomplished through women's service center policies
   2-63  that result in medically appropriate transfers from physician to
   2-64  physician and from women's service centers to hospitals by
   2-65  providing:
   2-66              (1)  for notification to the receiving hospital before
   2-67  the patient is transferred and confirmation by the receiving
   2-68  hospital that the patient meets the receiving hospital's admissions
   2-69  criteria relating to appropriate bed, physician, and other services
   2-70  necessary to treat the patient;
    3-1              (2)  for the use of medically appropriate life support
    3-2  measures that a reasonable and prudent physician exercising
    3-3  ordinary care in the same or a similar locality would use to
    3-4  stabilize the patient before the transfer and to sustain the
    3-5  patient during the transfer;
    3-6              (3)  for the provision of appropriate personnel and
    3-7  equipment that a reasonable and prudent physician exercising
    3-8  ordinary care in the same or a similar locality would use for the
    3-9  transfer;
   3-10              (4)  for the transfer of all necessary records for
   3-11  continuing the care for the patient; and
   3-12              (5)  that the transfer of a patient not be predicated
   3-13  on arbitrary, capricious, or unreasonable discrimination because of
   3-14  race, religion, national origin, age, sex, physical condition, or
   3-15  economic status.
   3-16        Sec. 249.011.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
   3-17  (a)  The department may deny, suspend, or revoke a license for a
   3-18  violation of this chapter or a rule adopted under this chapter.
   3-19        (b)  The denial, suspension, or revocation of a license by
   3-20  the department and the appeal from that action are governed by the
   3-21  procedures for a contested case hearing under the Administrative
   3-22  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
   3-23  Civil Statutes).
   3-24        Sec. 249.012.  INJUNCTION.  (a)  The department may petition
   3-25  a district court for a temporary restraining order to restrain a
   3-26  continuing violation of the standards or licensing requirements
   3-27  provided under this chapter if the department finds that the
   3-28  violation creates an immediate threat to the health and safety of
   3-29  the patients of a women's service center.
   3-30        (b)  A district court, on petition of the department and on a
   3-31  finding by the court that a person is violating the standards or
   3-32  licensing requirements provided under this chapter, may by
   3-33  injunction:
   3-34              (1)  prohibit a person from continuing a violation of
   3-35  the standards or licensing requirements provided under this
   3-36  chapter;
   3-37              (2)  restrain or prevent the establishment or operation
   3-38  of a women's service center  without a license issued under this
   3-39  chapter; or
   3-40              (3)  grant any other injunctive relief warranted by the
   3-41  facts.
   3-42        (c)  The attorney general shall institute and conduct a suit
   3-43  authorized by this section at the request of the department.
   3-44        (d)  Venue for a suit brought under this section is in the
   3-45  county in which the women's service center is located or in Travis
   3-46  County.
   3-47        Sec. 249.013.  CRIMINAL PENALTY.  (a)  A person commits an
   3-48  offense if the person violates Section 249.002.
   3-49        (b)  An offense under this section is a Class C misdemeanor.
   3-50        (c)  Each day of a continuing violation constitutes a
   3-51  separate offense.
   3-52        Sec. 249.014.  CIVIL PENALTY.  (a)  A person who violates
   3-53  this chapter or who fails to comply with a rule adopted under this
   3-54  chapter is liable for a civil penalty of not less than $100 or more
   3-55  than $500 for each violation if the department determines the
   3-56  violation threatens the health and safety of a patient.
   3-57        (b)  Each day of a continuing violation constitutes a
   3-58  separate ground for recovery.
   3-59        SECTION 2.  The importance of this legislation and the
   3-60  crowded condition of the calendars in both houses create an
   3-61  emergency and an imperative public necessity that the
   3-62  constitutional rule requiring bills to be read on three several
   3-63  days in each house be suspended, and this rule is hereby suspended,
   3-64  and that this Act take effect and be in force from and after its
   3-65  passage, and it is so enacted.
   3-66                               * * * * *
   3-67                                                         Austin,
   3-68  Texas
   3-69                                                         May 19, 1993
   3-70  Hon. Bob Bullock
    4-1  President of the Senate
    4-2  Sir:
    4-3  We, your Committee on Health and Human Services to which was
    4-4  referred H.B. No. 1483, have had the same under consideration, and
    4-5  I am instructed to report it back to the Senate with the
    4-6  recommendation that it do pass and be printed.
    4-7                                                         Truan,
    4-8  Acting Chair
    4-9                               * * * * *
   4-10                               WITNESSES
   4-11                                                  FOR   AGAINST  ON
   4-12  ___________________________________________________________________
   4-13  Name:  Julia R. Bechinor                                       x
   4-14  Representing:  TDH
   4-15  City:  Austin
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   4-17  Name:  Harold Freeman                            x
   4-18  Representing:  Texas Medical Associates
   4-19  City:  Austin
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