H.B. No. 1551
    1-1                                AN ACT
    1-2  relating to home care and community support services.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The heading of Chapter 142, Health and Safety
    1-5  Code, is amended to read as follows:
    1-6      CHAPTER 142.  HOME AND COMMUNITY SUPPORT <HEALTH> SERVICES
    1-7        SECTION 2.  The heading of Subchapter A, Chapter 142, Health
    1-8  and Safety Code, is amended to read as follows:
    1-9      SUBCHAPTER A.  HOME AND COMMUNITY SUPPORT <HEALTH> SERVICES
   1-10                          LICENSE <LICENSES>
   1-11        SECTION 3.  Section 142.001, Health and Safety Code, is
   1-12  amended to read as follows:
   1-13        Sec. 142.001.  DEFINITIONS.  In this chapter:
   1-14              (1)  "Administrative support site" means a facility or
   1-15  site where a home and community support services agency performs
   1-16  administrative and other support functions but does not provide
   1-17  direct home health, hospice, or personal assistance services.
   1-18              (2)  "Alternate delivery site" means a facility or
   1-19  site, including a residential unit or an inpatient unit:
   1-20                    (A)  that is owned or operated by a hospice;
   1-21                    (B)  that is not the hospice's principal place of
   1-22  business;
   1-23                    (C)  that is located in the geographical area
   1-24  served by the hospice; and
    2-1                    (D)  from which the hospice provides hospice
    2-2  services.
    2-3              (3)  "Bereavement" means the process by which a
    2-4  survivor of a deceased person mourns and experiences grief.
    2-5              (4)  "Bereavement services" means support services
    2-6  offered to a family during bereavement.
    2-7              (5)  "Branch office" means a facility or site in the
    2-8  geographical area served by a home and community support agency
    2-9  where home health or personal assistance services are delivered or
   2-10  active client records are maintained.
   2-11              (6)  "Certified agency" means a home and community
   2-12  support services agency that <person who>:
   2-13                    (A)  provides a home health service; and
   2-14                    (B)  is certified by an official of the
   2-15  Department of Health and Human Services as in compliance with
   2-16  conditions of participation in Title XVIII, Social Security Act (42
   2-17  U.S.C. Section 1395 et seq.).
   2-18              (7)  "Certified home health services" means home health
   2-19  services that are provided by a certified agency.
   2-20              (8) <(2)>  "Council" means the Home and Community
   2-21  Support <Health> Services Advisory Council.
   2-22              (9)  "Counselor" means an individual qualified under
   2-23  Medicare standards to provide counseling services, including
   2-24  bereavement, dietary, spiritual, and other counseling services, to
   2-25  both the client and the family.
   2-26              <(3)  "Health service" means:>
   2-27                    <(A)  nursing;>
    3-1                    <(B)  physical, occupational, speech, or
    3-2  respiratory therapy;>
    3-3                    <(C)  a medical social service;>
    3-4                    <(D)  the service of a home health aide;>
    3-5                    <(E)  the furnishing of medical equipment and
    3-6  supplies, excluding drugs and medicines; or>
    3-7                    <(F)  nutritional counseling.>
    3-8              (10) <(4)>  "Home and community support services
    3-9  <health> agency" means a person who provides home health, hospice,
   3-10  or personal assistance services for pay or other consideration in a
   3-11  client's residence, an independent living environment, or another
   3-12  appropriate location <place of business, including a hospice, that
   3-13  provides a home health service>.
   3-14              (11) <(5)>  "Home health service" means the provision
   3-15  of one or more of the following health services required by an
   3-16  individual in a residence or independent living environment:
   3-17                    (A)  nursing;
   3-18                    (B)  physical, occupational, speech, or
   3-19  respiratory therapy;
   3-20                    (C)  medical social service;
   3-21                    (D)  intravenous therapy;
   3-22                    (E)  dialysis;
   3-23                    (F)  service provided by unlicensed personnel
   3-24  under the delegation of a licensed health professional;
   3-25                    (G)  the furnishing of medical equipment and
   3-26  supplies, excluding drugs and medicines; or
   3-27                    (H)  nutritional counseling<, for pay or other
    4-1  consideration, of a health service in a patient's residence.  The
    4-2  term does not include the provision of care under an attendant care
    4-3  program administered by the Texas Department of Human Services>.
    4-4              (12)  "Hospice" means a person licensed under this
    4-5  chapter to provide hospice services, including a person who owns or
    4-6  operates a residential unit or an inpatient unit.
    4-7              (13)  "Hospice services" means services, including
    4-8  services provided by unlicensed personnel under the delegation of a
    4-9  registered nurse or physical therapist, provided to a client or a
   4-10  client's family as part of a coordinated program consistent with
   4-11  the standards and rules adopted under this chapter.  These services
   4-12  include palliative care for terminally ill clients and support
   4-13  services for clients and their families that:
   4-14                    (A)  are available 24 hours a day, seven days a
   4-15  week, during the last stages of illness, during death, and during
   4-16  bereavement;
   4-17                    (B)  are provided by a medically directed
   4-18  interdisciplinary team; and
   4-19                    (C)  may be provided in a home, nursing home,
   4-20  residential unit, or inpatient unit according to need.  These
   4-21  services do not include inpatient care normally provided in a
   4-22  licensed hospital to a terminally ill person who has not elected to
   4-23  be a hospice client.
   4-24              (14)  "Inpatient unit" means a facility that provides a
   4-25  continuum of medical or nursing care and other hospice services to
   4-26  clients admitted into the unit and that is in compliance with:
   4-27                    (A)  the conditions of participation for
    5-1  inpatient units adopted under Title XVIII, Social Security Act (42
    5-2  U.S.C. Section 1395 et seq.); and
    5-3                    (B)  standards adopted under this chapter.
    5-4              (15)  "Independent living environment" means:
    5-5                    (A)  a client's individual residence, which may
    5-6  include a group home or foster home; or
    5-7                    (B)  other settings where a client participates
    5-8  in activities, including school, work, or church.
    5-9              (16)  "Interdisciplinary team" means a group of
   5-10  individuals who work together in a coordinated manner to provide
   5-11  hospice services and must include a physician, registered nurse,
   5-12  social worker, and counselor.
   5-13              (17)  "Investigation" means an inspection or survey
   5-14  conducted by a representative of the department to determine if a
   5-15  licensee is in compliance with this chapter.
   5-16              (18)  "Palliative care" means intervention services
   5-17  that focus primarily on the reduction or abatement of physical,
   5-18  psychosocial, and spiritual symptoms of a terminal illness.
   5-19              (19) <(6)>  "Person" means an individual, corporation,
   5-20  or association.
   5-21              (20)  "Personal assistance service" means routine
   5-22  ongoing care or services required by an individual in a residence
   5-23  or independent living environment that enable the individual to
   5-24  engage in the activities of daily living or to perform the physical
   5-25  functions required for independent living, including respite
   5-26  services.  The term includes health-related services performed
   5-27  under circumstances that are defined as not constituting the
    6-1  practice of professional nursing by the Board of Nurse Examiners
    6-2  through a memorandum of understanding with the department in
    6-3  accordance with Section 142.016 and health-related tasks provided
    6-4  by unlicensed personnel under the delegation of a registered nurse.
    6-5              (21) <(7)>  "Place of business" means an office of a
    6-6  home and community support services <health> agency that maintains
    6-7  client <patient> records or directs home health, hospice, or
    6-8  personal assistance services.  The term does not include an
    6-9  administrative support site <includes a suboffice, a branch office,
   6-10  a workroom, or any other subsidiary location>.
   6-11              (22) <(8)>  "Residence" means a place where a person
   6-12  resides and includes a home, a nursing home, <or> a convalescent
   6-13  home, or a residential unit <for the disabled or aged>.
   6-14              (23)  "Residential unit" means a facility that provides
   6-15  living quarters and hospice services to clients admitted into the
   6-16  unit and that is in compliance with standards adopted under this
   6-17  chapter.
   6-18              (24)  "Respite services" means support options that are
   6-19  provided temporarily for the purpose of relief for a primary
   6-20  caregiver in providing care to individuals of all ages with
   6-21  disabilities or at risk of abuse or neglect.
   6-22              (25)  "Social worker" means an individual certified as
   6-23  a social worker under Chapter 50, Human Resources Code.
   6-24              (26)  "Support services" means social, spiritual, and
   6-25  emotional care provided to a client and a client's family by a
   6-26  hospice.
   6-27              (27)  "Terminal illness" means an illness for which
    7-1  there is a limited prognosis if the illness runs its usual course.
    7-2              (28)  "Volunteer" means an individual who provides
    7-3  assistance to a home and community support services agency without
    7-4  compensation other than reimbursement for actual expenses.
    7-5        SECTION 4.  Section 142.002, Health and Safety Code, is
    7-6  amended to read as follows:
    7-7        Sec. 142.002.  License Required.  (a)  Except as provided by
    7-8  Section 142.003, a <A> person, including a health care facility
    7-9  licensed under this code, may not engage in the business of
   7-10  providing home health, hospice, or personal assistance services, or
   7-11  represent to the public that the person is a provider of home
   7-12  health, hospice, or personal assistance services for pay <services>
   7-13  without a home and community support services agency license
   7-14  authorizing the person to perform those services <an appropriate
   7-15  license> issued by the department for each place of business from
   7-16  which home health, hospice, or personal assistance services are
   7-17  directed.  A certified agency must have a <Class A> license to
   7-18  provide certified home health services<, and any other person must
   7-19  have a Class B license>.
   7-20        (b)  A person who is not licensed to provide home health
   7-21  services under this chapter may not indicate or imply that the
   7-22  person is licensed to provide home health services by the use of
   7-23  the words "home health services" or in any other manner.
   7-24        (c)  A person who is not licensed to provide hospice services
   7-25  under this chapter may not use the word "hospice" in a title or
   7-26  description of a facility, organization, program, service provider,
   7-27  or services or use any other words, letters, abbreviations, or
    8-1  insignia indicating or implying that the person holds a license to
    8-2  provide hospice services under this chapter.
    8-3        (d)  A license to provide hospice services issued under this
    8-4  chapter authorizes a hospice to own or operate a residential unit
    8-5  or inpatient unit at the licensed site in compliance with the
    8-6  standards and rules adopted under this chapter.
    8-7        (e) <(b)>  A license issued under this chapter may not be
    8-8  transferred to another person, but may be transferred from one
    8-9  location to another location.  A change of ownership or location
   8-10  shall be reported to <with the approval of> the department.  <The
   8-11  board by rule shall prescribe criteria for the approval of the
   8-12  relocation of a license.>
   8-13        SECTION 5.  Section 142.0025, Health and Safety Code, is
   8-14  amended to read as follows:
   8-15        Sec. 142.0025.  Temporary License.  If a person is in the
   8-16  process of becoming certified by the Department of Health and Human
   8-17  Services to qualify as a certified agency, the department may issue
   8-18  a temporary <Class A> home and community support services agency
   8-19  <health service> license to the person authorizing the person to
   8-20  provide certified home health services.  A temporary license is
   8-21  effective as provided by board rules.
   8-22        SECTION 6.  Section 142.003, Health and Safety Code, is
   8-23  amended to read as follows:
   8-24        Sec. 142.003.  Exemptions From Licensing Requirement.  (a)
   8-25  The following persons need not be licensed under this chapter:
   8-26              (1)  a physician, dentist, registered nurse, or
   8-27  physical therapist licensed under the laws of this state who
    9-1  provides home health services to a client <patient> only as a part
    9-2  of and incidental to that person's private office practice;
    9-3              (2)  a registered nurse, licensed vocational nurse,
    9-4  physical therapist, occupational therapist, speech therapist,
    9-5  medical social worker, or any other health care professional as
    9-6  determined by the department who provides home health services as a
    9-7  sole practitioner;
    9-8              (3)  a <nonprofit> registry <operated by a national or
    9-9  state professional association or society of licensed health care
   9-10  practitioners, or a subdivision of the association or society,>
   9-11  that operates solely as a clearinghouse to put consumers in contact
   9-12  with persons who provide home health, hospice, or personal
   9-13  assistance services <licensed health care practitioners who give
   9-14  care in a patient's residence> and that does not maintain official
   9-15  client <patient> records, <or> direct client <patient> services
   9-16  compensate the person who is providing the service;
   9-17              (4)  an individual whose permanent residence is in the
   9-18  client's <patient's> residence;
   9-19              (5)  an employee of a person licensed under this
   9-20  chapter who provides home health, hospice, or personal assistance
   9-21  services only as an employee of the license holder and who receives
   9-22  no benefit for providing the services, other than wages from the
   9-23  license holder;
   9-24              (6)  a home, nursing home, convalescent home, personal
   9-25  care facility, special care facility, or other institution for
   9-26  individuals who are elderly or who have disabilities that provides
   9-27  home health or personal assistance <the disabled or aged that
   10-1  provides health> services only to residents of the home or
   10-2  institution;
   10-3              (7)  a person who provides one health service through a
   10-4  contract with a person licensed under this chapter;
   10-5              (8)  a durable medical equipment supply company;
   10-6              (9)  a pharmacy or wholesale medical supply company
   10-7  that does not furnish services, other than supplies, to a person at
   10-8  the person's house;
   10-9              (10)  a hospital or other licensed health care facility
  10-10  that provides home health or personal assistance services <serves>
  10-11  only to inpatient residents of the hospital or facility;
  10-12              (11)  a person providing home health or personal
  10-13  assistance services to an injured employee under the Texas Workers'
  10-14  Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil
  10-15  <workers' compensation laws of this state (Article 8306 et seq.,
  10-16  Revised> Statutes); <or>
  10-17              (12)  a visiting nurse service that:
  10-18                    (A)  is conducted by and for the adherents of a
  10-19  well-recognized church or religious denomination; and
  10-20                    (B)  provides nursing services by a person exempt
  10-21  from licensing by Article 4528, Revised Statutes, because the
  10-22  person furnishes nursing care in which treatment is only by prayer
  10-23  or spiritual means;
  10-24              (13)  an individual hired and paid directly by the
  10-25  client or the client's family or legal guardian to provide home
  10-26  health or personal assistance services;
  10-27              (14)  a business, school, camp, or other organization
   11-1  that provides home health or personal assistance services,
   11-2  incidental to the organization's primary purpose, to individuals
   11-3  employed by or participating in programs offered by the business,
   11-4  school, or camp that enable the individual to participate fully in
   11-5  the business's, school's, or camp's programs;
   11-6              (15)  a person or organization providing
   11-7  sitter-companion services or chore or household services that do
   11-8  not involve personal care, health, or health-related services;
   11-9              (16)  a licensed health care facility that provides
  11-10  hospice services under a contract with a hospice;
  11-11              (17)  a person delivering residential acquired immune
  11-12  deficiency syndrome hospice care who is licensed and designated as
  11-13  a residential AIDS hospice under Chapter 248; or
  11-14              (18)  until August 31, 1995, a state agency, mental
  11-15  retardation authority, or mental health authority providing the
  11-16  direct delivery of home health, hospice, or personal assistance
  11-17  services.
  11-18        (b)  A home and community support services agency that owns
  11-19  or operates an administrative support site is not required to
  11-20  obtain a separate license under this chapter for the administrative
  11-21  support site.
  11-22        (c)  A hospice that operates or provides hospice services to
  11-23  an inpatient unit under a contract with a licensed health care
  11-24  facility is not required to obtain an alternate delivery site
  11-25  license for that inpatient unit.
  11-26        SECTION 7.  Section 142.004, Health and Safety Code, is
  11-27  amended to read as follows:
   12-1        Sec. 142.004.  License Application.  (a)  An applicant for a
   12-2  license to provide <a> home health, hospice, or personal assistance
   12-3  services <service> must:
   12-4              (1)  file a written application on a form prescribed by
   12-5  the department indicating the type of service the applicant wishes
   12-6  to provide;
   12-7              (2)  file with the application:
   12-8                    (A)  the name of the owner of the applicant
   12-9  <service> or a list of the names of persons who own at least a 10
  12-10  percent <an> interest in the applicant <service>; and
  12-11                    (B)  a list of any businesses with which the
  12-12  applicant <service> subcontracts and in which the owner or owners
  12-13  of the applicant <service> hold at least five percent of the
  12-14  ownership; or
  12-15                    (C)  if the applicant is a direct or indirect
  12-16  subsidiary of a publicly held corporation, the name of that
  12-17  publicly held corporation and the names of each subsidiary of the
  12-18  publicly held corporation that owns an interest in the applicant;
  12-19              (3)  cooperate with any surveys <inspections> required
  12-20  by the department for a license; and
  12-21              (4)  pay the license fee prescribed by this chapter.
  12-22        (b)  In addition to the requirements of Subsection (a), if
  12-23  the applicant is a certified agency when the application for a
  12-24  <Class A> license  to provide certified home health services is
  12-25  filed, the applicant must maintain its Medicare certification.  If
  12-26  the applicant is not a certified agency when the application for a
  12-27  <Class A> license  to provide certified home health services  is
   13-1  filed, the applicant must establish that it is in the process of
   13-2  receiving its certification from the United States Department of
   13-3  Health and Human Services.
   13-4        (c)  The board by rule shall require that, at a minimum,
   13-5  before the department may approve a license application, other than
   13-6  an application for a renewal or branch office or alternate delivery
   13-7  site license, the applicant must provide to the department:
   13-8              (1)  documentation establishing that, at a minimum, the
   13-9  applicant has sufficient financial resources to provide the
  13-10  services required by this chapter and by the department during the
  13-11  term of the license;
  13-12              (2)  a list of the management personnel for the
  13-13  proposed home and community support services <health>  agency, a
  13-14  description of personnel qualifications, and a plan for providing
  13-15  continuing training and education for the personnel during the term
  13-16  of the license;
  13-17              (3)  documentation establishing that the applicant is
  13-18  capable of meeting the minimum standards established by the board
  13-19  relating to the quality of care; and
  13-20              (4)  a plan that provides for the orderly transfer of
  13-21  care of the applicant's clients if the applicant cannot maintain or
  13-22  deliver home health, hospice, or personal assistance services under
  13-23  the license.
  13-24        (d)  Information received by the department relating to the
  13-25  competence and financial resources of the applicant is confidential
  13-26  and may not be disclosed to the public.
  13-27        SECTION 8.  Section 142.006, Health and Safety Code, is
   14-1  amended to read as follows:
   14-2        Sec. 142.006.  License Issuance; Term.  (a)  The department
   14-3  shall issue a <Class A or Class B> home  and community support
   14-4  services agency <health service> license to provide home health,
   14-5  hospice, or personal assistance services for each place of business
   14-6  to each applicant who:
   14-7              (1)  qualifies for the <type of> license to provide the
   14-8  type of service that is to be offered by the applicant <requested>;
   14-9              (2)  submits an application and license fee as required
  14-10  by this chapter; and
  14-11              (3)  complies with all licensing standards required or
  14-12  adopted by the board under this chapter.
  14-13        (b)  A license issued under this chapter expires one year
  14-14  after the date of issuance.  The department may issue an initial
  14-15  license for a term of less than one year to conform expiration
  14-16  dates for a locality or an applicant.  The department, in
  14-17  accordance with board rules, may issue a temporary license to an
  14-18  applicant for an initial license.
  14-19        (c)  The department may find that a home and community
  14-20  support services agency has satisfied the requirements for
  14-21  licensing if the agency is accredited by an accreditation
  14-22  organization, such as the Joint Commission on Accreditation of
  14-23  Healthcare Organizations or the Community Health Accreditation
  14-24  Program, and the department finds that the accreditation
  14-25  organization has standards that meet or exceed the requirements for
  14-26  licensing under this chapter.  A license fee is required of the
  14-27  home and community support services agency at the time of a license
   15-1  application.
   15-2        (d)  The department may find that a home and community
   15-3  support services agency has satisfied the requirements for
   15-4  licensing if the agency is certified by a state agency that has
   15-5  certification standards that meet or exceed the requirements for
   15-6  licensing under this chapter.  A license fee is required at the
   15-7  time of a license application.
   15-8        (e)  The license must designate the types of services that
   15-9  the home and community support services agency is authorized to
  15-10  provide at or from the designated place of business.
  15-11        SECTION 9.  Subchapter A, Chapter 142, Health and Safety
  15-12  Code, is amended by adding Section 142.0065 to read as follows:
  15-13        Sec. 142.0065.  DISPLAY OF LICENSE.  A license issued under
  15-14  this chapter shall be displayed in a conspicuous place in the
  15-15  designated place of business and must show:
  15-16              (1)  the name and address of the licensee;
  15-17              (2)  the name of the owner or owners, if different from
  15-18  the information provided under Subdivision (1);
  15-19              (3)  the license expiration date; and
  15-20              (4)  the types of services authorized to be provided
  15-21  under the license.
  15-22        SECTION 10.  Section 142.008, Health and Safety Code, is
  15-23  amended to read as follows:
  15-24        Sec. 142.008.  Branch Office.  (a)  The department may issue
  15-25  a branch office license to a person who holds a <Class A or Class
  15-26  B> license to provide home health or personal assistance services.
  15-27        (b)  The board by rule shall establish eligibility
   16-1  requirements for a branch office license.
   16-2        (c)  A branch office license expires on the same date as the
   16-3  <Class A or Class B> license to provide home health or personal
   16-4  assistance services held by the applicant for the branch office
   16-5  license <that person>.
   16-6        SECTION 11.  Subchapter A, Chapter 142, Health and Safety
   16-7  Code, is amended by adding Section 142.0085 to read as follows:
   16-8        Sec. 142.0085.  ALTERNATE DELIVERY SITE LICENSE.  (a)  The
   16-9  department shall issue an alternate delivery site license to a
  16-10  qualified hospice.
  16-11        (b)  The board by rule shall establish standards required for
  16-12  the issuance of an alternate delivery site license.
  16-13        (c)  An alternate delivery site license expires on the same
  16-14  date as the license to provide hospice services held by the
  16-15  hospice.
  16-16        SECTION 12.  Section 142.009, Health and Safety Code, is
  16-17  amended to read as follows:
  16-18        Sec. 142.009.  SURVEYS <INSPECTIONS>; CONSUMER COMPLAINTS.
  16-19  (a)  The department or its representative may enter the premises of
  16-20  a license applicant or license holder at reasonable times to
  16-21  conduct a survey <an inspection> incidental to the issuance of a
  16-22  license and at other times as the department considers necessary to
  16-23  ensure compliance with this chapter and the rules adopted under
  16-24  this chapter.
  16-25        (b)  A home and community support services <health> agency
  16-26  shall provide each person who receives home health, hospice, or
  16-27  personal assistance services with a written statement that contains
   17-1  the name, address, and telephone number of the department and a
   17-2  statement that informs the recipient <consumers> that a complaint
   17-3  against a home and community support services <health> agency may
   17-4  be directed to the department.
   17-5        (c)  The department or its authorized representative shall
   17-6  investigate each complaint received regarding the provision of home
   17-7  health, hospice, or personal assistance  services and may, as a
   17-8  part of the investigation:
   17-9              (1)  conduct an unannounced survey <inspection> of a
  17-10  place of business, including an inspection of medical and personnel
  17-11  records, if the department has reasonable cause to believe that the
  17-12  place of business is in violation of this chapter or a rule adopted
  17-13  under this chapter;
  17-14              (2)  conduct an interview with a recipient of home
  17-15  health, hospice, or personal assistance  services, which may be
  17-16  conducted in the recipient's home if the recipient consents; <or>
  17-17              (3)  conduct an interview with a family member of a
  17-18  recipient of home health, hospice, or personal assistance services
  17-19  who is deceased or other person who may have knowledge of the care
  17-20  received by the deceased recipient of the home health, hospice, or
  17-21  personal assistance services; or
  17-22              (4)  interview a physician or other health care
  17-23  practitioner, including a member of the personnel of a home and
  17-24  community support services <health> agency, who cares for a
  17-25  recipient of home health, hospice, or personal assistance services.
  17-26        (d)  The reports, records, and working papers used or
  17-27  developed in an investigation made under this section are
   18-1  confidential and may not be released or made public except:
   18-2              (1)  to a state or federal agency;
   18-3              (2)  to federal, state, or local law enforcement
   18-4  personnel;
   18-5              (3)  with the consent of each person identified in the
   18-6  information released;
   18-7              (4)  in civil or criminal litigation matters or
   18-8  licensing proceedings as otherwise allowed by law or judicial rule;
   18-9  or
  18-10              (5)  on a form developed by the department that
  18-11  identifies any deficiencies found without identifying a person,
  18-12  other than the home and community support services agency.
  18-13        (e)  The department's representative shall hold a conference
  18-14  with the person in charge of the home and community support
  18-15  services <health> agency before beginning the on-site survey
  18-16  <inspection> to explain the nature and scope of the survey
  18-17  <inspection>.  When the survey <inspection> is completed, the
  18-18  department's representative shall hold a conference with the person
  18-19  who is in charge of the agency and shall identify any records that
  18-20  were duplicated.  Agency records may be removed from an agency only
  18-21  with the agency's consent.
  18-22        (f)  The department shall fully inform the person who is in
  18-23  charge of the home and community support services agency of the
  18-24  preliminary findings of the survey and shall give the person a
  18-25  reasonable opportunity to submit additional facts or other
  18-26  information to the department's authorized representative in
  18-27  response to those findings.  The response shall be made a part of
   19-1  the record of the survey for all purposes.
   19-2        (g)  After a survey of a home and community support services
   19-3  agency by the department, the department shall provide to the chief
   19-4  executive officer of the agency:
   19-5              (1)  specific and timely written notice of the
   19-6  preliminary findings of the survey, including:
   19-7                    (A)  the specific nature of the survey;
   19-8                    (B)  any alleged violations of a specific statute
   19-9  or rule;
  19-10                    (C)  the specific nature of any finding regarding
  19-11  an alleged violation or deficiency; and
  19-12                    (D)  if a deficiency is alleged, the severity of
  19-13  the deficiency;
  19-14              (2)  information on the identity, including the
  19-15  signature, of each department representative conducting, reviewing,
  19-16  or approving the results of the survey and the date on which the
  19-17  department representative acted on the matter; and
  19-18              (3)  if requested by the agency, copies of all
  19-19  documents relating to the survey maintained by the department or
  19-20  provided by the department to any other state or federal agency
  19-21  that are not confidential under state law.
  19-22        (h)  Except for the investigation of complaints, a home and
  19-23  community support services agency licensed by the department under
  19-24  this chapter is not subject to additional surveys relating to home
  19-25  health, hospice, or personal assistance services while the agency
  19-26  maintains accreditation for the applicable service from the Joint
  19-27  Commission for Accreditation of Healthcare Organizations, the
   20-1  Community Health Accreditation Program, or other accreditation
   20-2  organizations that meet or exceed the regulations adopted under
   20-3  this chapter.  Each provider must submit to the department
   20-4  documentation from the accrediting body indicating that the
   20-5  provider is accredited when the provider is applying for the
   20-6  initial license and annually when the license is renewed.
   20-7        (i)  Except as provided by Subsections (h) and (k), an
   20-8  on-site survey must be conducted within 18 months after a survey
   20-9  for an initial license.  After that time, an on-site survey must be
  20-10  conducted at least every 36 months.
  20-11        (j)  If a person is renewing or applying for a license to
  20-12  provide more than one type of service under this chapter, the
  20-13  surveys required for each of the services the license holder or
  20-14  applicant seeks to provide shall be completed during the same
  20-15  surveyor visit.
  20-16        (k)  The department and other state agencies that are under
  20-17  the Health and Human Services Commission and that contract with
  20-18  home and community support services agencies to deliver services
  20-19  for which a license is required under this chapter shall execute a
  20-20  memorandum of understanding that establishes procedures to
  20-21  eliminate or reduce duplication of standards or conflicts between
  20-22  standards and of functions in license, certification, or compliance
  20-23  surveys and complaint investigations.  The Health and Human
  20-24  Services Commission shall review the recommendation of the council
  20-25  relating to the memorandum of understanding before considering
  20-26  approval.  The memorandum of understanding must be approved by the
  20-27  commission.
   21-1        SECTION 13.  Section 142.010, Health and Safety Code, is
   21-2  amended to read as follows:
   21-3        Sec. 142.010.  Fees.  (a)  The board shall set <the home
   21-4  health service> license fees for home and community support
   21-5  services agencies in amounts that are reasonable to meet the costs
   21-6  of administering this chapter, except that the fees may not be less
   21-7  than $200 or more than $1,000 for a license to provide home health,
   21-8  hospice, or personal assistance services<:>
   21-9              <(1)  less than $600 or more than $1,200 for an initial
  21-10  Class A or Class B license; or>
  21-11              <(2)  less than $200 or more than $300 for renewal of a
  21-12  branch office license>.
  21-13        (b)  The board shall consider the size of the home and
  21-14  community support services agency, the number of clients served,
  21-15  the number of services provided, and the necessity for review of
  21-16  other accreditation documentation in determining the amount of
  21-17  initial and renewal license fees.
  21-18        (c)  A fee charged under this section is nonrefundable.
  21-19        SECTION 14.  Sections 142.011(b) and (c), Health and Safety
  21-20  Code, are amended to read as follows:
  21-21        (b)  The department may immediately suspend or revoke a
  21-22  license when the health and safety of persons are threatened.  If
  21-23  the department issues an order of immediate suspension or
  21-24  revocation, the department shall immediately give the chief
  21-25  executive officer of the home and community support services agency
  21-26  adequate notice of the action taken, the legal grounds for the
  21-27  action, and the procedure governing appeal of the action.  A person
   22-1  whose license is suspended or revoked under this subsection is
   22-2  entitled to a hearing not later than the seventh day after the
   22-3  effective date of the suspension or revocation.
   22-4        (c)  The department may suspend or revoke a home and
   22-5  community support services agency's license to provide certified
   22-6  home health services if the agency <the license of a Class A home
   22-7  health agency that> fails to maintain its certification qualifying
   22-8  the agency as a certified agency.  A home and community support
   22-9  services agency that is licensed to provide certified home health
  22-10  services and <Class A home health agency> that submits a request
  22-11  for a hearing as provided by Subsection (d) is subject to the
  22-12  requirements of this chapter relating to a home and community
  22-13  support services agency that is licensed to provide home health
  22-14  services, but not certified home health services, <Class B home
  22-15  health agency> until the suspension or revocation is finally
  22-16  determined by the department or, if the license is suspended or
  22-17  revoked, until the last day for seeking review of the department
  22-18  order or a later date fixed by order of the reviewing court.
  22-19        SECTION 15.  Section 142.012, Health and Safety Code, is
  22-20  amended to read as follows:
  22-21        Sec. 142.012.  Powers and Duties.  (a)  The board, with the
  22-22  recommendations of the council, shall adopt rules necessary to
  22-23  implement this chapter.
  22-24        (b)  The board by rule shall set minimum standards for home
  22-25  and community support services <health> agencies licensed under
  22-26  this chapter that relate to:
  22-27              (1)  qualifications for professional and
   23-1  nonprofessional personnel, including volunteers;
   23-2              (2)  supervision of professional and nonprofessional
   23-3  personnel, including volunteers;
   23-4              (3)  the provision and coordination of treatment and
   23-5  services, including support and bereavement services, as
   23-6  appropriate;
   23-7              (4)  the management, ownership, and organizational
   23-8  structure, including lines of authority and delegation of
   23-9  responsibility and, as appropriate, the composition of an
  23-10  interdisciplinary team;
  23-11              (5)  clinical and business records;
  23-12              (6)  financial ability to carry out the functions as
  23-13  proposed; <and>
  23-14              (7)  safety, fire prevention, and sanitary standards
  23-15  for residential units and inpatient units; and
  23-16              (8)  any other aspects of home health, hospice, or
  23-17  personal assistance services as necessary to protect the public.
  23-18        (c)  The initial minimum standards adopted by the board under
  23-19  Subsection (b) for hospice services must be at least as stringent
  23-20  as the conditions of participation for a Medicare certified
  23-21  provider of hospice services in effect on April 30, 1993, under
  23-22  Title XVIII, Social Security Act (42 U.S.C. Section 1395 et seq.).
  23-23        (d)  The department shall prescribe forms necessary to
  23-24  perform its duties.
  23-25        (e) <(d)>  The department shall require each person or home
  23-26  and community support services <health> agency providing home
  23-27  health, hospice, or personal assistance services to implement and
   24-1  enforce the applicable provisions of Chapter 102, Human Resources
   24-2  Code.
   24-3        SECTION 16.  Section 142.014, Health and Safety Code, is
   24-4  amended to read as follows:
   24-5        Sec. 142.014.  Civil Penalty.  (a)  A person who engages in
   24-6  the business of providing home health, hospice, or personal
   24-7  assistance service, or represents to the public that the person is
   24-8  a provider of home health, hospice, and personal assistance
   24-9  services for pay, <operates a home health agency> without a license
  24-10  issued under this chapter authorizing the services that are being
  24-11  provided is liable for a civil penalty of not less than $1,000
  24-12  <$100> or more than $2,500 <$500> for each day of violation.
  24-13  Penalties may be appropriated only to the department and to
  24-14  administer this chapter.
  24-15        (b)  An action to recover a civil penalty is in addition to
  24-16  an action brought for injunctive relief under Section 142.013 or
  24-17  any other remedy provided by law.  The attorney general shall bring
  24-18  suit on behalf of the state to collect the civil penalty.
  24-19        SECTION 17.  Sections 142.015(a) and (d), Health and Safety
  24-20  Code, are amended to read as follows:
  24-21        (a)  The Home and Community Support <Health> Services
  24-22  Advisory Council is composed of the following 13 <11> members,
  24-23  appointed by the governor:
  24-24              (1)  three consumer representatives <one representative
  24-25  of the department>;
  24-26              (2)  two representatives of agencies that are licensed
  24-27  to provide certified home health services <consumers of home health
   25-1  agency and hospice services>;
   25-2              (3)  two representatives of agencies that are licensed
   25-3  to provide home health services but are not certified home health
   25-4  services <one representative of the Texas Department of Human
   25-5  Services>;
   25-6              (4)  three representatives of agencies that are
   25-7  licensed to provide hospice services, with one representative
   25-8  appointed from:
   25-9                    (A)  a community-based non-profit provider of
  25-10  hospice services;
  25-11                    (B)  a community-based proprietary provider of
  25-12  hospice services; and
  25-13                    (C)  a hospital-based provider of hospice
  25-14  services; and <one representative of the Texas Association of Home
  25-15  Health Agencies, Incorporated;>
  25-16              (5)  three representatives of agencies that are
  25-17  licensed to provide personal assistance services <one
  25-18  representative of private nonprofit home health agencies;>
  25-19              <(6)  one representative of voluntary nonprofit home
  25-20  health agencies;>
  25-21              <(7)  one representative of proprietary home health
  25-22  agencies;>
  25-23              <(8)  one representative of an official department home
  25-24  health agency;>
  25-25              <(9)  one member to represent Medicare-certified Class
  25-26  A hospice providers affiliated with a home health agency, hospital,
  25-27  or other health service provider; and>
   26-1              <(10)  one member to represent Medicare-certified Class
   26-2  A hospice providers not affiliated with a home health agency,
   26-3  hospital, or other health service provider>.
   26-4        (d)  Members of the council serve staggered two-year terms,
   26-5  with the terms of seven <six> members expiring on January 31 of
   26-6  each even-numbered year and the terms of six <five> members
   26-7  expiring on January 31 of each odd-numbered year.
   26-8        SECTION 18.  Subchapter A, Chapter 142, Health and Safety
   26-9  Code, is amended by adding Section 142.016 to read as follows:
  26-10        Sec. 142.016.  MEMORANDUM OF UNDERSTANDING RELATING TO
  26-11  NURSING SERVICES; GUIDELINES.  (a)  The Board of Nurse Examiners
  26-12  and the department shall adopt a memorandum of understanding
  26-13  governing the circumstances under which the provision of
  26-14  health-related tasks or services do not constitute the practice of
  26-15  professional nursing.  The agencies annually shall review and shall
  26-16  renew or modify the memorandum as necessary.
  26-17        (b)  The Board of Nurse Examiners and the department shall
  26-18  consult with an advisory committee in developing, modifying, or
  26-19  renewing the memorandum of understanding.  The advisory committee
  26-20  shall be appointed by the Board of Nurse Examiners and the
  26-21  department and at a minimum shall include:
  26-22              (1)  one representative from the Board of Nurse
  26-23  Examiners and one representative from the department to serve as
  26-24  cochairmen;
  26-25              (2)  one representative from the Texas Department of
  26-26  Mental Health and Mental Retardation;
  26-27              (3)  one representative from the Texas Department of
   27-1  Human Services;
   27-2              (4)  one representative from the Texas Nurses
   27-3  Association;
   27-4              (5)  one representative from the Texas Association for
   27-5  Home Care, Incorporated, or its successor;
   27-6              (6)  one representative from the Texas Hospice
   27-7  Organization, Incorporated, or its successor;
   27-8              (7)  one representative of the Texas Respite Resource
   27-9  Network or its successor; and
  27-10              (8)  two representatives of organizations such as the
  27-11  Personal Assistance Task Force or the Disability Consortium that
  27-12  advocate for clients in community-based settings.
  27-13        (c)  The department shall prepare guidelines according to the
  27-14  memorandum of understanding required by Subsection (a) for licensed
  27-15  home and community support services agencies in providing personal
  27-16  assistance services to clients.
  27-17        SECTION 19.  Section 142.021, Health and Safety Code, is
  27-18  amended to read as follows:
  27-19        Sec. 142.021.  ADMINISTRATION OF <PERMITS TO ADMINISTER>
  27-20  MEDICATION.  A person may not administer medication to a client
  27-21  <patient> of a home and community support services <health> agency
  27-22  unless the person:
  27-23              (1)  holds a license under state law that authorizes
  27-24  the person to administer medication;
  27-25              (2)  holds a permit issued under Section 142.025 and
  27-26  acts under the delegated authority of a person who holds a license
  27-27  under state law that authorizes the person to administer
   28-1  medication; <or>
   28-2              (3)  performs duties as a qualified dialysis technician
   28-3  within the scope authorized by board rules;
   28-4              (4)  administers a medication to a client of a home and
   28-5  community support service agency in accordance with rules of the
   28-6  Board of Nurse Examiners that permit delegation of the
   28-7  administration of medication to a person not holding a permit under
   28-8  Section 142.025; or
   28-9              (5)  administers noninjectable medication under
  28-10  circumstances authorized by the memorandum of understanding adopted
  28-11  under Section 142.016.
  28-12        SECTION 20.  Section 142.023, Health and Safety Code, is
  28-13  amended to read as follows:
  28-14        Sec. 142.023.  Rules for Administration of Medication.  The
  28-15  board by rule shall establish:
  28-16              (1)  minimum requirements for the issuance, denial,
  28-17  renewal, suspension, emergency suspension, and revocation of a
  28-18  permit to a home health medication aide <administer medication to a
  28-19  patient of a home health agency>;
  28-20              (2)  curricula to train a home health medication aide
  28-21  <persons to administer medication to a patient of a home health
  28-22  agency>;
  28-23              (3)  minimum standards for the approval of home health
  28-24  medication aide training programs <programs to train persons to
  28-25  administer medication to patients of home health agencies> and for
  28-26  rescinding approval;
  28-27              (4)  the acts and practices that are allowed or
   29-1  prohibited to a permit holder; and
   29-2              (5)  minimum standards for on-site supervision of a
   29-3  permit holder by a registered nurse.
   29-4        SECTION 21.  Section 142.024, Health and Safety Code, is
   29-5  amended to read as follows:
   29-6        Sec. 142.024.  HOME HEALTH MEDICATION AIDE TRAINING PROGRAMS
   29-7  <TO ADMINISTER MEDICATION>.  (a)  An application for the approval
   29-8  of a home health medication aide training program must be made to
   29-9  the department on a form and under rules prescribed by the board.
  29-10        (b)  The department shall approve a home health medication
  29-11  aide training program that meets the minimum standards adopted
  29-12  under Section 142.023.  The department may review the approval
  29-13  annually.
  29-14        SECTION 22.  The heading of Section 142.025, Health and
  29-15  Safety Code, is amended to read as follows:
  29-16        Sec. 142.025.  ISSUANCE AND RENEWAL OF HOME HEALTH MEDICATION
  29-17  AIDE PERMIT <TO ADMINISTER MEDICATION>.
  29-18        SECTION 23.  Section 142.025(a), Health and Safety Code, is
  29-19  amended to read as follows:
  29-20        (a)  To be issued or to have renewed a home health medication
  29-21  aide permit <to administer medication>, a person shall apply to the
  29-22  department on a form prescribed and under rules adopted by the
  29-23  board.
  29-24        SECTION 24.  The heading of Section 142.026, Health and
  29-25  Safety Code, is amended to read as follows:
  29-26        Sec. 142.026.  FEES FOR ISSUANCE AND RENEWAL OF HOME HEALTH
  29-27  MEDICATION AIDE PERMIT <TO ADMINISTER MEDICATION>.
   30-1        SECTION 25.  The heading of Section 142.027, Health and
   30-2  Safety Code, is amended to read as follows:
   30-3        Sec. 142.027.  VIOLATION OF HOME HEALTH MEDICATION AIDE
   30-4  PERMITS <TO ADMINISTER MEDICATION>.
   30-5        SECTION 26.  The heading of Section 142.028, Health and
   30-6  Safety Code, is amended to read as follows:
   30-7        Sec. 142.028.  EMERGENCY SUSPENSION OF HOME HEALTH MEDICATION
   30-8  AIDE PERMITS <TO ADMINISTER MEDICATION>.
   30-9        SECTION 27.  Section 142.029(a), Health and Safety Code, is
  30-10  amended to read as follows:
  30-11        (a)  A person commits an offense if the person knowingly
  30-12  administers medication to a client <patient> of a home and
  30-13  community support services <health> agency and the person is not
  30-14  authorized to administer the medication under Section 142.021 or
  30-15  142.022<:>
  30-16              <(1)  does not hold a license under state law that
  30-17  authorizes the person to administer medication; or>
  30-18              <(2)  does not hold a permit issued by the department
  30-19  under Section 142.025>.
  30-20        SECTION 28.  Section 142.030(a), Health and Safety Code, is
  30-21  amended to read as follows:
  30-22        (a)  A person authorized by this subchapter to administer
  30-23  medication to a client <patient> of a home and community support
  30-24  services <health> agency may not dispense dangerous drugs or
  30-25  controlled substances without complying with the Texas Pharmacy Act
  30-26  (Article 4542a-1, Vernon's Texas Civil Statutes).
  30-27        SECTION 29.  Section 248.003, Health and Safety Code, is
   31-1  amended to read as follows:
   31-2        Sec. 248.003.  Exemptions.  This chapter does not apply to:
   31-3              (1)  a home and community support services <health>
   31-4  agency required to be licensed under Chapter 142;
   31-5              (2)  a person required to be licensed under Chapter 241
   31-6  (Texas Hospital Licensing Law);
   31-7              (3)  an institution required to be licensed under
   31-8  Chapter 242;
   31-9              (4)  an ambulatory surgical center required to be
  31-10  licensed under Chapter 243 (Texas Ambulatory Surgical Center
  31-11  Licensing Act);
  31-12              (5)  a birthing center required to be licensed under
  31-13  Chapter 244 (Texas Birthing Center Licensing Act);
  31-14              (6)  a facility required to be licensed under Chapter
  31-15  245 (Texas Abortion Facility Reporting and Licensing Act); or
  31-16              (7)  a person providing medical or nursing care or
  31-17  services under a license or permit issued under other state law.
  31-18        SECTION 30.  Section 248.002, Health and Safety Code, is
  31-19  amended by adding Subdivisions (9)-(14) to read as follows:
  31-20              (9)  "Bereavement services" has the meaning assigned by
  31-21  Section 142.001.
  31-22              (10)  "Palliative care" has the meaning assigned by
  31-23  Section 142.001.
  31-24              (11)  "Support services" has the meaning assigned by
  31-25  Section 142.001.
  31-26              (12)  "Residential AIDS hospice" means a facility
  31-27  licensed and designated as a residential AIDS hospice under this
   32-1  chapter.
   32-2              (13)  "Residential AIDS hospice care" means hospice
   32-3  services provided in a residential AIDS hospice.
   32-4              (14)  "AIDS" means acquired immune deficiency syndrome.
   32-5        SECTION 31.  Subchapter B, Chapter 248, Health and Safety
   32-6  Code, is amended by adding Section 248.029 to read as follows:
   32-7        Sec. 248.029.  RESIDENTIAL AIDS HOSPICE DESIGNATION.  (a)
   32-8  The board by rule shall adopt standards for the designation of a
   32-9  special care facility licensed under this chapter as a residential
  32-10  AIDS hospice.  Those standards shall be consistent with other
  32-11  standards adopted under this chapter and consistent with the
  32-12  purposes for which special care facilities are created.
  32-13        (b)  In adopting the standards, the board shall consider
  32-14  rules adopted for the designation of a hospice under Chapter 142
  32-15  and shall establish specific standards requiring:
  32-16              (1)  the provision of exclusively palliative care by a
  32-17  facility;
  32-18              (2)  the provision of bereavement services;
  32-19              (3)  the provision of support services to the family of
  32-20  a client;
  32-21              (4)  the participation of a registered nurse in the
  32-22  development of an initial plan of care for a client and periodic
  32-23  review of the plan of care by an interdisciplinary team of the
  32-24  facility; and
  32-25              (5)  clinical and medical review of patient care
  32-26  services by a physician who acts as a medical consultant.
  32-27        (c)  A special care facility licensed under this chapter that
   33-1  satisfies the standards adopted under this section shall be
   33-2  designated as a residential AIDS hospice.
   33-3        (d)  Notwithstanding Chapter 142, a special care facility
   33-4  licensed and issued a designation as a residential AIDS hospice
   33-5  under this chapter may use the term "residential AIDS hospice" or a
   33-6  similar term or language in its title or in a description or
   33-7  representation of the facility if the similar term or language
   33-8  clearly identifies the facility as a facility regulated under this
   33-9  chapter and clearly distinguishes the facility from a hospice
  33-10  regulated under Chapter 142.
  33-11        (e)  A special care facility licensed under this chapter on
  33-12  July 1, 1994, on notice to the department that it is in compliance
  33-13  with the standards adopted for designation as a residential AIDS
  33-14  hospice, shall be issued that designation by the department, and
  33-15  that designation is valid until the date the license of the
  33-16  facility expires or is renewed.
  33-17        SECTION 32.  Sections 142.005 and 142.007, Health and Safety
  33-18  Code, are repealed.
  33-19        SECTION 33.  (a)  The changes in law made by this Act apply
  33-20  only to an offense or a violation committed on or after July 1,
  33-21  1994.
  33-22        (b)  An offense or violation committed before July 1, 1994,
  33-23  is covered by the law in effect when the offense or violation was
  33-24  committed, and the former law is continued in effect for that
  33-25  purpose.
  33-26        SECTION 34.  Not later than January 1, 1994, the Board of
  33-27  Nurse Examiners and the Texas Department of Health shall adopt the
   34-1  initial memorandum of understanding required by Section 142.016,
   34-2  Health and Safety Code, as added by this Act.
   34-3        SECTION 35.  The changes in law made by this Act do not
   34-4  affect the validity of a license or of a permit to administer
   34-5  medication issued by the Texas Department of Health under Chapter
   34-6  142, Health and Safety Code, before the effective date of this Act.
   34-7  Regardless of the changes in law made by this Act, the department
   34-8  shall continue to issue licenses to qualified home health agencies
   34-9  and permits to administer medication under Chapter 142, Health and
  34-10  Safety Code, as it existed immediately before the effective date of
  34-11  this Act, and that law is continued in effect for that purpose
  34-12  until July 1, 1994.
  34-13        SECTION 36.  The Texas Department of Health shall propose
  34-14  rules to implement this Act on or before January 1, 1994.  The
  34-15  department shall adopt rules to implement this Act on or before
  34-16  June 1, 1994.
  34-17        SECTION 37.  The Texas Department of Health and other state
  34-18  agencies under the Health and Human Services Commission shall
  34-19  distribute to interested persons a draft of the memorandum of
  34-20  understanding required by Section 142.009(k), Health and Safety
  34-21  Code, as added by this Act, on or before January 1, 1994, and shall
  34-22  execute the initial memorandum of understanding required by that
  34-23  section on or before June 1, 1994.
  34-24        SECTION 38.  A home and community support services agency
  34-25  providing home health, hospice, or personal assistance services is
  34-26  not required to obtain a license under this Act until July 1, 1994.
  34-27        SECTION 39.  After the effective date of this Act, a
   35-1  reference to a home health agency in law is a reference to a home
   35-2  and community support services agency.
   35-3        SECTION 40.  A person who, on the effective date of this Act,
   35-4  is serving a term as a member of the Home Health Services Advisory
   35-5  Council shall continue to serve on the Home and Community Support
   35-6  Services Advisory Council until January 31, 1994.  At that time, in
   35-7  accordance with Section 142.015, Health and Safety Code, as amended
   35-8  by this Act, the governor shall appoint the 13 members to the
   35-9  council.  After the appointment of the new council in 1994, at the
  35-10  first meeting of the council the new members shall draw lots to
  35-11  determine their initial terms.  Seven members shall serve for a
  35-12  term expiring January 31, 1995, and six members shall serve for a
  35-13  term expiring January 31, 1996.
  35-14        SECTION 41.  This Act takes effect September 1, 1993.
  35-15        SECTION 42.  The importance of this legislation and the
  35-16  crowded condition of the calendars in both houses create an
  35-17  emergency and an imperative public necessity that the
  35-18  constitutional rule requiring bills to be read on three several
  35-19  days in each house be suspended, and this rule is hereby suspended.