1-1 By: West S.B. No. 392
1-2 (In the Senate - Filed February 18, 1993; February 22, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 13, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 April 13, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 392 By: Truan
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to minimum standards for medical procedures involving
1-22 sedation or contrast media and to recovery of expenses incurred by
1-23 granting of extraordinary relief.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subchapter D, Chapter 401, Health and Safety
1-26 Code, is amended by adding Section 401.120 to read as follows:
1-27 Sec. 401.120. PROTOCOLS FOR PROCEDURES INVOLVING SEDATION OR
1-28 CONTRAST MEDIA. (a) Notwithstanding any other provision of this
1-29 code or the Medical Practice Act (Article 4495b, Vernon's Texas
1-30 Civil Statutes), the board, after consultation with representatives
1-31 from private professional medical organizations representing the
1-32 practices of radiology, pediatrics, neurology, anesthesiology, and
1-33 nursing, shall by rule establish procedures and protocols for
1-34 outpatient medical procedures requiring sedation or the
1-35 introduction of contrast media by a person performing those
1-36 services and procedures in a location not otherwise licensed under
1-37 this code.
1-38 (b) The procedures and protocols shall:
1-39 (1) establish guidelines for determining the dosage of
1-40 medication and contrast media administered to a patient;
1-41 (2) require the administration of the medication by a
1-42 licensed vocational nurse, registered nurse, or physician;
1-43 (3) require the past and present medical history of
1-44 the patient;
1-45 (4) establish guidelines for appropriate monitoring
1-46 until adequate recovery, including the patient's being awake and
1-47 conscious; and
1-48 (5) determine appropriate emergency drugs, equipment,
1-49 and transfer procedures for treatment of complications.
1-50 (c) As part of the regular inspection under Subchapter C,
1-51 the department shall determine whether the procedures and protocols
1-52 established under this section are in place and are used as a part
1-53 of the regular standard of practice and care.
1-54 (d) A person required to maintain the established protocols
1-55 and procedures who fails to do so violates this section and is
1-56 subject to the administrative penalty and procedures provided by
1-57 Sections 401.384 through 401.390.
1-58 (e) The board may request that the attorney general bring an
1-59 action to prohibit a person from engaging in an act or practice and
1-60 to order compliance with this section and the procedures and
1-61 protocols established under this section if the board determines,
1-62 after a complaint or by other means, that the act or practice
1-63 violates this section or an order made under this section and that
1-64 there is an immediate and imminent danger to the public health and
1-65 safety as a result of a continuing violation under this section.
1-66 The action may be brought in a district court of:
1-67 (1) a county in which:
1-68 (A) the defendant resides;
2-1 (B) the defendant has done business;
2-2 (C) the principal place of business of the
2-3 defendant is located; or
2-4 (D) the transaction occurred; or
2-5 (2) Travis County.
2-6 (f) The court may grant an injunction or restraining order
2-7 on a proper showing. If the court grants an injunction or
2-8 restraining order, the court shall issue it without bond.
2-9 (g) If the court grants an injunction or restraining order,
2-10 the attorney general shall recover, from the party against whom the
2-11 injunction or restraining order is granted, reasonable expenses
2-12 incurred in obtaining injunctive relief under this section,
2-13 including investigative costs, court costs, reasonable attorney
2-14 fees, witness fees and expenses, and deposition expenses.
2-15 SECTION 2. (a) The Texas Board of Health shall adopt the
2-16 procedures and protocols required under Section 401.120, Health and
2-17 Safety Code, as added by this Act, and make them effective not
2-18 later than the 90th day after the effective date of this Act.
2-19 (b) Initial inspections to determine compliance with Section
2-20 401.120, Health and Safety Code, as added by this Act, shall be
2-21 completed not later than the first anniversary of the effective
2-22 date of the procedures and protocols.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended,
2-28 and that this Act take effect and be in force from and after its
2-29 passage, and it is so enacted.
2-30 * * * * *
2-31 Austin,
2-32 Texas
2-33 April 13, 1993
2-34 Hon. Bob Bullock
2-35 President of the Senate
2-36 Sir:
2-37 We, your Committee on Health and Human Services to which was
2-38 referred S.B. No. 392, have had the same under consideration, and I
2-39 am instructed to report it back to the Senate with the
2-40 recommendation that it do not pass, but that the Committee
2-41 Substitute adopted in lieu thereof do pass and be printed.
2-42 Zaffirini,
2-43 Chair
2-44 * * * * *
2-45 WITNESSES
2-46 FOR AGAINST ON
2-47 ___________________________________________________________________
2-48 Name: Ruth E. McBurney x
2-49 Representing: TX Dept. of Health
2-50 City: Austin
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2-52 Name: Tom Smith x
2-53 Representing: Public Citizen
2-54 City: Austin
2-55 -------------------------------------------------------------------
2-56 Name: Lisa McGiffert x
2-57 Representing: Consumers Union
2-58 City: Austin
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