By: West S.B. No. 392 A BILL TO BE ENTITLED AN ACT 1-1 relating to minimum standards for medical procedures involving 1-2 sedation or contrast media and to recovery of expenses incurred by 1-3 granting of extraordinary relief. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 401, Health and Safety 1-6 Code, is amended by adding Section 401.120 to read as follows: 1-7 Sec. 401.120. PROTOCOLS FOR PROCEDURES INVOLVING SEDATION OR 1-8 CONTRAST MEDIA. (a) Notwithstanding any other provision of this 1-9 code or the Medical Practice Act (Article 4495b, Vernon's Texas 1-10 Civil Statutes), the board, after consultation with representatives 1-11 from private professional medical organizations representing the 1-12 practices of radiology, pediatrics, neurology, anesthesiology, 1-13 plastic surgery, oral and maxillofacial surgery, and nursing, shall 1-14 by rule establish procedures and protocols for outpatient medical 1-15 procedures requiring sedation or the introduction of contrast media 1-16 by a person performing those services and procedures in a location 1-17 not otherwise licensed under this code. 1-18 (b) The procedures and protocols shall: 1-19 (1) establish guidelines for determining the dosage of 1-20 medication and contrast media administered to a patient; 1-21 (2) require the administration of the medication by a 1-22 licensed vocational nurse, registered nurse, or physician; 1-23 (3) require the past and present medical history of 1-24 the patient; 2-1 (4) establish guidelines for appropriate monitoring 2-2 until adequate recovery, including the patient's being awake and 2-3 conscious; and 2-4 (5) determine appropriate emergency drugs, equipment, 2-5 and transfer procedures for treatment of complications. 2-6 (c) As part of the regular inspection under Subchapter C, 2-7 the department shall determine whether the procedures and protocols 2-8 established under this section are in place and are used as a part 2-9 of the regular standard of practice and care. 2-10 (d) A person required to maintain the established protocols 2-11 and procedures who fails to do so violates this section and is 2-12 subject to the administrative penalty and procedures provided by 2-13 Sections 401.384 through 401.390. 2-14 (e) The board may request that the attorney general bring an 2-15 action to prohibit a person from engaging in an act or practice and 2-16 to order compliance with this section and the procedures and 2-17 protocols established under this section if the board determines, 2-18 after a complaint or by other means, that the act or practice 2-19 violates this section or an order made under this section and that 2-20 there is an immediate and imminent danger to the public health and 2-21 safety as a result of a continuing violation under this section. 2-22 The action may be brought in a district court of: 2-23 (1) a county in which: 2-24 (A) the defendant resides; 2-25 (B) the defendant has done business; 2-26 (C) the principal place of business of the 2-27 defendant is located; or 3-1 (D) the transaction occurred; or 3-2 (2) Travis County. 3-3 (f) The court may grant an injunction or restraining order 3-4 on a proper showing. If the court grants an injunction or 3-5 restraining order, the court shall issue it without bond. 3-6 (g) If the court grants an injunction or restraining order, 3-7 the attorney general shall recover, from the party against whom the 3-8 injunction or restraining order is granted, reasonable expenses 3-9 incurred in obtaining injunctive relief under this section, 3-10 including investigative costs, court costs, reasonable attorney 3-11 fees, witness fees and expenses, and deposition expenses. 3-12 SECTION 2. (a) The Texas Board of Health shall adopt the 3-13 procedures and protocols required under Section 401.120, Health and 3-14 Safety Code, as added by this Act, and make them effective not 3-15 later than the 90th day after the effective date of this Act. 3-16 (b) Initial inspections to determine compliance with Section 3-17 401.120, Health and Safety Code, as added by this Act, shall be 3-18 completed not later than the first anniversary of the effective 3-19 date of the procedures and protocols. 3-20 SECTION 3. The importance of this legislation and the 3-21 crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended, 3-25 and that this Act take effect and be in force from and after its 3-26 passage, and it is so enacted.