By:  Craddick                                         H.B. No. 1592
       73R6032 KLL-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of hospices; providing civil penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subtitle G, Title 2, Health and Safety Code, is
    1-5  amended by adding Chapter 146 to read as follows:
    1-6                 CHAPTER 146.  HOSPICE PROGRAM OF CARE
    1-7                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-8        Sec. 146.001.  SHORT TITLE.  This chapter may be cited as the
    1-9  Texas Hospice Act.
   1-10        Sec. 146.002.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Alternate delivery site" means a location or site
   1-12  from which a hospice agency provides services within a portion of
   1-13  the total geographical area served by that hospice.
   1-14              (2)  "Bereavement" means the process by which survivors
   1-15  mourn and experience their grief.
   1-16              (3)  "Bereavement services" means support services
   1-17  offered to the family during the period of bereavement.
   1-18              (4)  "Certified hospice provider" means a provider who
   1-19  offers a hospice program of care and is certified by an official of
   1-20  the United States Department of Health and Human Services as being
   1-21  in compliance with conditions of participation adopted under Title
   1-22  XVIII, Social Security Act (42 U.S.C.  Section 1395 et seq.).
   1-23              (5)  "Council" means the Hospice Advisory Council.
   1-24              (6)  "Counselor" means a person qualified under
    2-1  Medicare standards to provide counseling services to both the
    2-2  patient and the family, including bereavement, dietary, spiritual,
    2-3  and other counseling services.
    2-4              (7)  "Director" means the executive head of the Texas
    2-5  Department of Health.
    2-6              (8)  "Family" means those persons sharing housing,
    2-7  common ancestry, or a common personal commitment with the patient.
    2-8              (9)  "Home" means the patient's place of residence.
    2-9              (10)  "Hospice program of care" means a coordinated
   2-10  program consistent with the standards and rules adopted under this
   2-11  chapter that provides palliative care to terminally ill patients
   2-12  and provides supportive services to patients and their families,
   2-13  and that:
   2-14                    (A)  is available 24 hours a day, seven days a
   2-15  week, during the last stages of illness, during death, and during
   2-16  bereavement;
   2-17                    (B)  is provided by a medically directed
   2-18  interdisciplinary team; and
   2-19                    (C)  may be provided in a home, nursing home,
   2-20  residential unit, or inpatient unit according to need.
   2-21              (11)  "Hospice services" means those services provided
   2-22  to a patient or the patient's family as part of a hospice program
   2-23  of care.
   2-24              (12)  "Inpatient unit" means a facility owned or
   2-25  operated by a licensed hospice and located within the geographical
   2-26  area served by the hospice that provides a continuum of medical or
   2-27  nursing care or services to hospice patients admitted into the unit
    3-1  and that is in compliance with the conditions of participation for
    3-2  inpatient units adopted under Title XVIII, Social Security Act (42
    3-3  U.S.C. Section 1395 et seq.), and standards adopted under this
    3-4  chapter.
    3-5              (13)  "Interdisciplinary team" means a group of
    3-6  individuals that work together in a coordinated manner to provide a
    3-7  hospice program of care and that includes a physician, registered
    3-8  nurse, social worker, and counselor.
    3-9              (14)  "Investigation" means an inspection or survey
   3-10  conducted by a representative of the department to determine
   3-11  whether a licensee is in compliance with this chapter and rules
   3-12  adopted under this chapter or with Title XVIII, Social Security Act
   3-13  (42 U.S.C. Section 1395 et seq.), and regulations adopted under
   3-14  that Act.
   3-15              (15)  "Nurse" means a person licensed by the Board of
   3-16  Nurse Examiners or the Board of Vocational Nurse Examiners.
   3-17              (16)  "Palliative care" means those services of
   3-18  intervention that focus primarily on the reduction or abatement of
   3-19  physical, psychosocial, and spiritual symptoms of terminal illness.
   3-20              (17)  "Physician" means a person licensed by the Texas
   3-21  State Board of Medical Examiners.
   3-22              (18)  "Residential unit" means a facility owned or
   3-23  operated by a licensed hospice and located within the geographical
   3-24  area served by the hospice that provides living quarters and
   3-25  hospice services to patients admitted into the unit and that is in
   3-26  compliance with standards adopted under this chapter.
   3-27              (19)  "Social worker"  means a person certified as a
    4-1  social worker under Chapter 50, Human Resources Code.
    4-2              (20)  "Supportive services" means social, spiritual,
    4-3  and emotional care provided to the patient and the patient's
    4-4  family.
    4-5              (21)  "Terminal illness" means an illness for which
    4-6  there is a limited prognosis if the illness runs its usual course.
    4-7              (22)  "Volunteer" means a person who provides
    4-8  assistance to a hospice program of care without compensation other
    4-9  than actual expenses incurred.
   4-10           (Sections 146.003-146.010 reserved for expansion
   4-11                        SUBCHAPTER B.  LICENSES
   4-12        Sec. 146.011.  LICENSE REQUIRED.  (a)  Except as provided by
   4-13  Section 146.012, a person, including a health care facility
   4-14  licensed under this code, may not establish, conduct, or operate a
   4-15  hospice program of care or hold the person out to the public as a
   4-16  provider of hospice services unless the person holds a hospice
   4-17  license issued under this chapter.
   4-18        (b)  A person who is not licensed under this chapter may not
   4-19  use the word "hospice," use any title or description of a facility,
   4-20  organization, program, service provider, or services incorporating
   4-21  the word "hospice," or use any other words, letters, abbreviations,
   4-22  or insignia indicating or implying that the person holds a hospice
   4-23  license.
   4-24        (c)  A license issued under this chapter includes authority
   4-25  granted to the licensee to own or operate a residential unit or
   4-26  inpatient unit in compliance with standards and rules adopted under
   4-27  this chapter.
    5-1        Sec. 146.012.  EXEMPTION.  A health care facility licensed
    5-2  under this code that provides hospice services under a contract
    5-3  with a person holding a hospice license issued under this chapter
    5-4  is not required to obtain a license under this chapter.
    5-5        Sec. 146.013.  NONTRANSFERABILITY.  (a)  A license issued
    5-6  under this chapter may not be transferred to another person but may
    5-7  be transferred from one location to another location.
    5-8        (b)  A change of ownership or location shall be reported to
    5-9  the department.
   5-10        Sec. 146.014.  TEMPORARY LICENSE.  The department may issue a
   5-11  nonrenewable temporary hospice license to a person who is in the
   5-12  process of becoming licensed by the department as a hospice.  A
   5-13  temporary license is valid for six months from the date of its
   5-14  issuance and is effective as provided by board rules.
   5-15        Sec. 146.015.  LICENSE APPLICATION.  (a)  An applicant for a
   5-16  hospice license must:
   5-17              (1)  file a written application on a form prescribed by
   5-18  the department;
   5-19              (2)  file with the application:
   5-20                    (A)  the name of the owner of the hospice or a
   5-21  list of the names of persons, if any, who own at least a 10 percent
   5-22  interest in the hospice; and
   5-23                    (B)  a list of any businesses with which the
   5-24  hospice subcontracts and in which the owner or owners of the
   5-25  hospice hold at least five percent of the ownership;
   5-26              (3)  cooperate with any inspections required by the
   5-27  department for a license; and
    6-1              (4)  pay the license fee prescribed by this chapter.
    6-2        (b)  The board by rule shall require that, at a minimum,
    6-3  before the department may approve a license application other than
    6-4  an application for a renewal or alternate delivery site license,
    6-5  the applicant must provide to the department:
    6-6              (1)  documentation establishing that, at a minimum, the
    6-7  applicant has sufficient financial resources to provide the
    6-8  services required by this chapter and by the department during the
    6-9  term of the license;
   6-10              (2)  a list of the management personnel for the
   6-11  proposed hospice, a description of personnel qualifications, and a
   6-12  plan for providing continuing training and education for personnel
   6-13  during the term of the license;
   6-14              (3)  documentation establishing that the applicant is
   6-15  capable of meeting the minimum standards established by the board
   6-16  relating to the quality of care; and
   6-17              (4)  a plan that provides for the orderly transfer of
   6-18  care of the applicant's patients if the applicant cannot maintain
   6-19  or deliver hospice services under the license.
   6-20        (c)  Information received by the department relating to the
   6-21  competence and financial resources of the applicant is confidential
   6-22  and may not be disclosed to the public.
   6-23        Sec. 146.016.  LICENSE ISSUANCE.  The department shall issue
   6-24  a hospice license to each applicant who:
   6-25              (1)  qualifies for the type of license requested;
   6-26              (2)  submits an application and license fee as required
   6-27  by this chapter; and
    7-1              (3)  complies with all licensing standards adopted by
    7-2  the board or required under this chapter.
    7-3        Sec. 146.017.  TERM OF LICENSE.  (a)  Except as provided by
    7-4  Subsection (b), a hospice license expires on the first anniversary
    7-5  of the date of issuance.
    7-6        (b)  The department may issue an initial license for a term
    7-7  of less than one year to conform with the expiration dates of other
    7-8  licenses held by the licensee under this chapter.
    7-9        (c)  The department, in accordance with board rules, may
   7-10  issue a temporary license to an applicant for an initial license.
   7-11        Sec. 146.018.  DISPLAY OF LICENSE.  A hospice license shall
   7-12  contain the following information and shall be displayed in a
   7-13  conspicuous place in the hospice office:
   7-14              (1)  the name and address of the hospice;
   7-15              (2)  the name of the owner or owners, if different from
   7-16  the information provided under Subdivision (1); and
   7-17              (3)  the license expiration date.
   7-18        Sec. 146.019.  ALTERNATE DELIVERY SITE LICENSE.  (a)  The
   7-19  board by rule shall establish standards required for the issuance
   7-20  of an alternate delivery site license.
   7-21        (b)  The department shall issue an alternate delivery site
   7-22  license to a qualified person who holds a hospice license.
   7-23        (c)  An alternate delivery site license expires on the same
   7-24  date as the hospice license held by that person.
   7-25        Sec. 146.020.  FEES.  (a)  The board shall adopt hospice
   7-26  license fees in amounts that are reasonable to meet the cost of
   7-27  administering this chapter, except that the fees may not be:
    8-1              (1)  less than $600 or more than $1,000 for a temporary
    8-2  or initial hospice license or an initial alternate delivery site
    8-3  license; or
    8-4              (2)  less than $300 or more than $600 for renewal of a
    8-5  hospice license or an alternate delivery site license.
    8-6        (b)  A fee charged under this section is nonrefundable.
    8-7        Sec. 146.021.  RULES.  The board shall adopt rules necessary
    8-8  to implement this chapter.
    8-9        Sec. 146.022.  MINIMUM STANDARDS.  (a)  The board, on the
   8-10  recommendation of the council, shall adopt minimum standards for
   8-11  hospices licensed under this chapter that are at least as stringent
   8-12  as those required for certification as a certified hospice provider
   8-13  under federal law.
   8-14        (b)  Standards adopted under Subsection (a) may relate to:
   8-15              (1)  qualifications for professional and
   8-16  nonprofessional personnel, including volunteers;
   8-17              (2)  supervision of professional and nonprofessional
   8-18  personnel, including volunteers;
   8-19              (3)  the provision and coordination of treatment and
   8-20  services, including supportive and bereavement services;
   8-21              (4)  the organizational structure, including the lines
   8-22  of authority, the delegation of responsibility, and the composition
   8-23  of the interdisciplinary team;
   8-24              (5)  clinical and business records;
   8-25              (6)  financial ability to carry out the functions as
   8-26  proposed;
   8-27              (7)  safety, fire prevention, and sanitary standards
    9-1  for residential units and inpatient units; and
    9-2              (8)  any other aspect of hospice services necessary for
    9-3  a hospice to perform its duties.
    9-4        Sec. 146.023.  FORMS.  The department shall prescribe forms
    9-5  necessary to perform its duties under this chapter.
    9-6        Sec. 146.024.  ENFORCEMENT OF OTHER LAW.  The department
    9-7  shall require a hospice to implement and enforce the applicable
    9-8  provisions of Chapter 102, Human Resources Code.
    9-9           (Sections 146.025-146.030 reserved for expansion
   9-10                      SUBCHAPTER C.  ENFORCEMENT
   9-11        Sec. 146.031.  INSPECTIONS.  The department or its authorized
   9-12  representative may enter the premises of a license applicant or
   9-13  licensee at reasonable times to conduct an inspection incidental to
   9-14  the issuance of a license and at other times as the department
   9-15  considers necessary to ensure compliance with this chapter and
   9-16  rules adopted under this chapter.
   9-17        Sec. 146.032.  COMPLAINTS.  A hospice shall provide each
   9-18  person who receives hospice services with a written statement that
   9-19  contains the name, address, and telephone number of the department
   9-20  and a statement that informs recipients that a complaint against a
   9-21  hospice may be directed to the department.
   9-22        Sec. 146.033.  INVESTIGATION OF COMPLAINT.  (a)  The
   9-23  department or its authorized representative shall investigate each
   9-24  complaint received regarding the provision of hospice services and
   9-25  may as a part of the investigation:
   9-26              (1)  conduct an unannounced inspection of a place of
   9-27  business, including an inspection of medical and personnel records,
   10-1  if the department has reasonable cause to believe that the place of
   10-2  business is in violation of this chapter or a rule adopted under
   10-3  this chapter;
   10-4              (2)  conduct an interview with a recipient of hospice
   10-5  services, which may be conducted in the recipient's home;
   10-6              (3)  if the recipient of hospice services is deceased,
   10-7  conduct an interview with a family member or other person who would
   10-8  have knowledge of the care received from the hospice; and
   10-9              (4)  interview a health care practitioner or any
  10-10  hospice personnel who care for a recipient of hospice services.
  10-11        (b)  The reports, records, and working papers used or
  10-12  developed in an investigation under this section are confidential
  10-13  and may be disclosed only in accordance with rules adopted by the
  10-14  board.
  10-15        Sec. 146.034.  CONFERENCE CONCERNING SURVEY.  (a)  The
  10-16  department's authorized representative shall hold a conference with
  10-17  the individual in charge of a hospice to explain the nature and
  10-18  scope of the survey before beginning an on-site survey.
  10-19        (b)  When the survey is complete, the representative shall
  10-20  hold a conference with the individual in charge of the hospice.
  10-21        (c)  The individual in charge of the hospice shall be fully
  10-22  informed of the preliminary findings of the survey and shall be
  10-23  given a reasonable opportunity to submit additional facts or other
  10-24  information to the department's representative in response to those
  10-25  findings.  The response shall be made a part of the record of the
  10-26  survey for all purposes.
  10-27        (d)  During the conference concluding a survey, the
   11-1  department's representative shall identify any records that were
   11-2  duplicated during the survey.  Original hospice records may be
   11-3  removed from a hospice only with the hospice's consent.
   11-4        Sec. 146.035.  RESULTS OF SURVEY.  After a survey of a
   11-5  licensee by the department, the department shall provide to the
   11-6  chief executive officer of the hospice:
   11-7              (1)  specific and timely written notice of the
   11-8  preliminary findings of the survey, including the specific nature
   11-9  of the survey, the specific statute or rule allegedly violated, if
  11-10  any, the specific nature of any finding regarding the alleged
  11-11  violation or deficiency and, if a deficiency is alleged, the
  11-12  severity of the deficiency alleged;
  11-13              (2)  information on the identity, including the
  11-14  signature, of each department representative conducting, reviewing,
  11-15  or approving the results of the survey and the date on which the
  11-16  department representative acted on the matter; and
  11-17              (3)  on the request of the licensee, copies of all
  11-18  documents relating to the survey maintained by the department or
  11-19  provided by the department to any other state or federal agency not
  11-20  made confidential by state law.
  11-21        Sec. 146.036.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
  11-22  (a)  The department may deny a license application or suspend or
  11-23  revoke or probate the revocation of the license of a person who
  11-24  fails to comply with this chapter or rules adopted under this
  11-25  chapter.
  11-26        (b)  The department may immediately suspend or revoke a
  11-27  license when the health and safety of persons are threatened.  On
   12-1  the issuance of an order of immediate suspension or revocation, the
   12-2  department shall immediately provide to the chief executive officer
   12-3  of the hospice adequate notice of the action taken, the legal basis
   12-4  for the action, and the procedure governing appeal of the action.
   12-5  A person whose license is suspended or revoked under this
   12-6  subsection is entitled to a hearing not later than the seventh day
   12-7  after the effective date of the suspension or revocation.
   12-8        (c)  A person whose application is denied or whose license is
   12-9  suspended or revoked is entitled to a hearing before the department
  12-10  if the person submits a written request to the department.  The
  12-11  Administrative Procedure and Texas Register Act (Article 6252-13a,
  12-12  Vernon's Texas Civil Statutes) and the department's rules for
  12-13  contested case hearings apply to hearings conducted under this
  12-14  section and to appeals from department decisions.
  12-15        Sec. 146.037.  INJUNCTION.  (a)  A district court, on
  12-16  petition of the department and on a finding by the court that a
  12-17  person is violating this chapter, may by injunction:
  12-18              (1)  prohibit the person from continuing the violation;
  12-19  or
  12-20              (2)  grant any other injunctive relief warranted by the
  12-21  facts.
  12-22        (b)  The attorney general shall institute and conduct a suit
  12-23  authorized by this section at the request of the department and in
  12-24  the name of the state.
  12-25        (c)  A suit for injunctive relief must be brought in Travis
  12-26  County.
  12-27        Sec. 146.038.  CIVIL PENALTY.  (a)  A person who establishes,
   13-1  conducts, or operates a hospice program of care or holds the person
   13-2  out to the public as a provider of hospice services without a
   13-3  license issued under this chapter is liable for a civil penalty of
   13-4  not less than $1,000 or more than $2,500 for each day of violation.
   13-5        (b)  The attorney general shall bring suit on behalf of the
   13-6  state to collect the civil penalty.  An action to recover a civil
   13-7  penalty is in addition to an action brought for injunctive relief
   13-8  under Section 146.037 or any other remedy provided by law.
   13-9           (Sections 146.039-146.050 reserved for expansion
  13-10                SUBCHAPTER D.  HOSPICE ADVISORY COUNCIL
  13-11        Sec. 146.051.  DUTIES.  The Hospice Advisory Council shall
  13-12  consider the needs for hospice services in this state and shall
  13-13  recommend for the board's consideration rules to implement
  13-14  standards adopted under this chapter and other appropriate rules,
  13-15  procedures, and actions regarding all matters relating to hospice
  13-16  services.
  13-17        Sec. 146.052.  COMPOSITION.  The council is composed of nine
  13-18  members appointed by the director as follows:
  13-19              (1)  one member to represent the department;
  13-20              (2)  two members to represent consumers of hospice
  13-21  services;
  13-22              (3)  one member to represent the Texas Department of
  13-23  Human Services;
  13-24              (4)  two members to represent a statewide organization
  13-25  the membership of which is primarily composed of providers of
  13-26  hospice services;
  13-27              (5)  one member to represent private, nonprofit
   14-1  providers of hospice services;
   14-2              (6)  one member to represent proprietary providers of
   14-3  hospice services; and
   14-4              (7)  one member to represent a hospital-based provider
   14-5  of hospice services.
   14-6        Sec. 146.053.  TERMS.  Members of the council serve staggered
   14-7  three-year terms, with the terms of three members expiring January
   14-8  31 of each year.
   14-9        Sec. 146.054.  PRESIDING OFFICER.  (a)  The council shall
  14-10  elect a presiding officer from among its members to preside at
  14-11  meetings and to notify members of meetings.
  14-12        (b)  The presiding officer shall serve for one year and may
  14-13  not serve in that capacity for more than two years.
  14-14        Sec. 146.055.  MEETINGS.  The council shall meet at least
  14-15  twice a year and at other times at the call of the presiding
  14-16  officer, any three members of the council, or the director.
  14-17        Sec. 146.056.  COMPENSATION.  Members of the council serve
  14-18  without compensation but are entitled to reimbursement for expenses
  14-19  incurred as provided by the General Appropriations Act for members
  14-20  of boards of state agencies.
  14-21        SECTION 2.  Sections 142.001(4) and (5), Health and Safety
  14-22  Code, are amended to read as follows:
  14-23              (4)  "Home health agency" means a place of business<,
  14-24  including a hospice,> that provides a home health service.  The
  14-25  term does not include a person licensed under Chapter 146.
  14-26              (5)  "Home health service" means the provision, for pay
  14-27  or other consideration, of a health service in a patient's
   15-1  residence.  The term does not include the provision of care under
   15-2  an attendant care program administered by the Texas Department of
   15-3  Human Services or the provision of hospice services by a person
   15-4  licensed under Chapter 146.
   15-5        SECTION 3.  Sections 142.015(a) and (d), Health and Safety
   15-6  Code, are amended to read as follows:
   15-7        (a)  The Home Health Services Advisory Council is composed of
   15-8  the following nine <11> members, appointed by the governor:
   15-9              (1)  one representative of the department;
  15-10              (2)  two representatives of consumers of home health
  15-11  agency <and hospice> services;
  15-12              (3)  one representative of the Texas Department of
  15-13  Human Services;
  15-14              (4)  one representative of the Texas Association of
  15-15  Home Health Agencies, Incorporated;
  15-16              (5)  one representative of private nonprofit home
  15-17  health agencies;
  15-18              (6)  one representative of voluntary nonprofit home
  15-19  health agencies;
  15-20              (7)  one representative of proprietary home health
  15-21  agencies; and
  15-22              (8)  one representative of an official department home
  15-23  health agency<;>
  15-24              <(9)  one member to represent Medicare-certified Class
  15-25  A hospice providers affiliated with a home health agency, hospital,
  15-26  or other health service provider; and>
  15-27              <(10)  one member to represent Medicare-certified Class
   16-1  A hospice providers not affiliated with a home health agency,
   16-2  hospital, or other health service provider>.
   16-3        (d)  Members of the council serve staggered two-year terms,
   16-4  with the terms of five  <six> members expiring on January 31 of
   16-5  each even-numbered year and the terms of four <five> members
   16-6  expiring on January 31 of each odd-numbered year.
   16-7        SECTION 4.  Section 142.021, Health and Safety Code, is
   16-8  amended to read as follows:
   16-9        Sec. 142.021.  PERMITS TO ADMINISTER MEDICATION.  A person
  16-10  may not administer medication to a patient of a home health agency
  16-11  or hospice unless the person:
  16-12              (1)  holds a license under state law that authorizes
  16-13  the person to administer medication;
  16-14              (2)  holds a permit issued under Section 142.025 and
  16-15  acts under the delegated authority of a person who holds a license
  16-16  under state law that authorizes the person to administer
  16-17  medication; or
  16-18              (3)  performs duties as a qualified dialysis technician
  16-19  within the scope authorized by board rules.
  16-20        SECTION 5.  Section 142.023, Health and Safety Code, is
  16-21  amended to read as follows:
  16-22        Sec. 142.023.  RULES FOR ADMINISTRATION OF MEDICATION.  The
  16-23  board by rule shall establish:
  16-24              (1)  minimum requirements for the issuance, denial,
  16-25  renewal, suspension, emergency suspension, and revocation of a
  16-26  permit to administer medication to a patient of a home health
  16-27  agency or hospice;
   17-1              (2)  curricula to train persons to administer
   17-2  medication to a patient of a home health agency or hospice;
   17-3              (3)  minimum standards for the approval of programs to
   17-4  train persons to administer medication to patients of home health
   17-5  agencies or hospices and for rescinding approval;
   17-6              (4)  the acts and practices that are allowed or
   17-7  prohibited to a permit holder; and
   17-8              (5)  minimum standards for on-site supervision of a
   17-9  permit holder by a registered nurse.
  17-10        SECTION 6.  Section 142.029(a), Health and Safety Code, is
  17-11  amended to read as follows:
  17-12        (a)  A person commits an offense if the person knowingly
  17-13  administers medication to a patient of a home health agency or
  17-14  hospice and the person:
  17-15              (1)  does not hold a license under state law that
  17-16  authorizes the person to administer medication; or
  17-17              (2)  does not hold a permit issued by the department
  17-18  under Section 142.025.
  17-19        SECTION 7.  Section 142.030(a), Health and Safety Code, is
  17-20  amended to read as follows:
  17-21        (a)  A person authorized by this subchapter to administer
  17-22  medication to a patient of a home health agency or hospice may not
  17-23  dispense dangerous drugs or controlled substances without complying
  17-24  with the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
  17-25  Statutes).
  17-26        SECTION 8.  In making initial appointments to the Hospice
  17-27  Advisory Council established under Chapter 146, Health and Safety
   18-1  Code, as added by this Act, the director of the Texas Department of
   18-2  Health shall designate three members to serve terms expiring
   18-3  January 31, 1995, three members to serve terms expiring January 31,
   18-4  1996, and three members to serve terms expiring January 31, 1997.
   18-5        SECTION 9.  A certified hospice provider holding a license on
   18-6  January 1, 1994, as a hospice issued under Chapter 142, Health and
   18-7  Safety Code, shall be licensed as a hospice under Chapter 146,
   18-8  Health and Safety Code, as added by this Act, without payment of
   18-9  any additional fee.  The license expires on the same date as the
  18-10  license granted under Chapter 142, Health and Safety Code.  The
  18-11  hospice shall provide a hospice program of care in accordance with
  18-12  Chapter 146, Health and Safety Code, as added by this Act.
  18-13        SECTION 10.  Section 142.007, Health and Safety Code, is
  18-14  repealed.
  18-15        SECTION 11.  The terms of the members of the Home Health
  18-16  Services Advisory Council whose positions are eliminated by this
  18-17  Act expire on the effective date of this Act.  In making
  18-18  appointments to the council for terms beginning February 1, 1994,
  18-19  and February 1, 1995, the governor shall appoint the appropriate
  18-20  number of members to one-year terms to satisfy the staggered-term
  18-21  requirements of Section 142.015(d), Health and Safety Code, as
  18-22  amended by this Act.  Thereafter, members serve two-year terms.
  18-23        SECTION 12.  This Act takes effect January 1, 1994.
  18-24        SECTION 13.  The importance of this legislation and the
  18-25  crowded condition of the calendars in both houses create an
  18-26  emergency and an imperative public necessity that the
  18-27  constitutional rule requiring bills to be read on three several
   19-1  days in each house be suspended, and this rule is hereby suspended.