By Hamric H.B. No. 2981
74R6326 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the certification of mammography systems.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 401.423(b), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (b) The department <board> shall apply under the Mammography
1-7 Quality Standards Act of 1992 (42 U.S.C. Section 354) to become an
1-8 accreditation body and carry out the certification program
1-9 requirements and to implement the standards established by the
1-10 United States Secretary of Health under that Act in this state. If
1-11 the United States Secretary of Health grants the department's
1-12 <board's> application, the department <board> shall assume those
1-13 responsibilities.
1-14 SECTION 2. Section 401.427, Health and Safety Code, is
1-15 amended to read as follows:
1-16 Sec. 401.427. CERTIFICATION RENEWAL; FEES. (a) A
1-17 certification is valid for three years <one year and may be renewed
1-18 annually on payment of the required renewal fee>.
1-19 (b) The board by rule may adopt a system under which
1-20 certifications under this subchapter expire on various dates during
1-21 the year.
1-22 (c) If a certification holder fails to renew the
1-23 certification by the required date, the certification holder may
1-24 renew the certification on payment of the annual <renewal> fee and
2-1 a late fee set by the board. If the certification is not renewed
2-2 before the 181st day after the date on which the certification
2-3 expired, the certification holder must apply for an original
2-4 certification under this subchapter.
2-5 (d) A mammography system may not be used after the
2-6 expiration date of the certification unless the holder of the
2-7 expired certification has made a timely and sufficient application
2-8 for renewal of the certification as provided under Section
2-9 2001.054, Government Code <18, Administrative Procedure and Texas
2-10 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)>,
2-11 and a final determination of the application by the board has not
2-12 been made.
2-13 (e) The board shall set and collect an annual fee for
2-14 certification holders in an amount reasonable and necessary to
2-15 administer this subchapter. A certification holder who fails to
2-16 pay the annual fee on time shall pay the annual fee and a late fee
2-17 set by the board.
2-18 SECTION 3. Section 401.430(a), Health and Safety Code, is
2-19 amended to read as follows:
2-20 (a) The department shall inspect each mammography system
2-21 that receives a certification under this subchapter not later than
2-22 the 60th day after the date the certification is issued if the
2-23 mammography system has not been fully certified under the
2-24 Mammography Quality Standards Act of 1992 (42 U.S.C. Section 354).
2-25 SECTION 4. Sections 401.425 and 401.431, Health and Safety
2-26 Code, are repealed.
2-27 SECTION 5. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended,
3-5 and that this Act take effect and be in force from and after its
3-6 passage, and it is so enacted.