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.