SRC-JFA H.B. 1534 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1534
By: Hamric (Zaffirini)
Health & Human Services
5-12-97
Engrossed


DIGEST 

In 1993, the 73rd Legislature passed H.B. 63, which established a system
of regulating mammography devices and the practice of mammography. At
approximately the same time the legislature was considering H.B. 63, the
U.S. Congress adopted a similar law that mandated all of the states to
comply with certain mammography standards.  The legislature was not able
to anticipate all of the provisions that would be contained in the federal
law when it was finally adopted since both the federal and state laws were
going through the legislative process at the same time.  This bill would
bring Texas law into conformity with the federal law.  Additionally, this
bill would provide that notice be given to those women receiving
mammograms at facilities which fail to satisfy the Texas Board of Health
certification standards.  

PURPOSE

As proposed, H.B. 1534 brings Texas law into conformity with the federal
law regarding mammography systems; provides that notice be given to those
women receiving mammograms at facilities which fail to satisfy the Texas
Board of Health certification standards.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 5
(Section 401.430(i), Health and Safety Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 401.423(b), Health and Safety Code, to require
the Texas Department of Health (department), rather than the Texas Board
of Health (board), to apply under the Mammography Quality Standards Act of
1992 (42 U.S.C. Section 263b, rather than Section 354) to become an
accreditation body and carry out the certification program requirements
and to implement the standards established by the U.S. Secretary of Health
under that Act in this state. Makes conforming changes.  

SECTION 2. Amends Sections 401.424(a) and (e), Health and Safety Code, to
require a mammography system, to receive a mammography certification under
this subchapter, among other conditions, to be operated by an individual
certified as a medical radiologic technologist under Article 4512m,
V.T.C.S., who meets, at a minimum, the requirements for personnel who
perform mammography established by the Mammography Quality Standards Act
of 1992 (42 U.S.C. Section 263b), rather than one who has successfully
completed special training in mammography; and to be used in a facility
that, among other conditions, maintains and makes available to a patient
of the facility original mammograms performed at the facility until the
earlier of the fifth anniversary of the mammography or, if an additional
mammogram of the same patient is not performed by the facility, the 10th
anniversary of the mammography; or at the request of the patient, the date
the patient's medical records are forwarded to another medical
institution.  Makes conforming changes. 

SECTION 3. Amends Section 401.426(a), Health and Safety Code, to delete
reference to Section 401.425.   

SECTION 4. Amends Section 401.427, Health and Safety Code, as follows:

 Sec. 401.427.  New heading:  CERTIFICATION RENEWAL; FEES.  Provides that
a certification is valid for three years, rather than one year and may be
renewed annually on payment of the required renewal fee.  Requires the
board to set and collect an annual fee for certification holders in an
amount reasonable and necessary to administer this subchapter. Requires a
certification holder who fails to pay the annual fee before the date set
by the board to pay the annual fee and a late fee set by the board.
Authorizes the board to revoke the certification of a certification holder
who does not pay the annual fee and late fee before the required date.
Authorizes a certification holder to renew the certification by filing an
application for renewal and paying the annual fee before the date the
certification expires. Makes conforming changes.   

SECTION 5. Amends Section 401.430, Health and Safety Code, to require the
department to inspect each mammography system that has not been fully
certified under the Mammography Quality Standards Act of 1992 (42 U.S.C.
Section 263b), rather than receives a certification under this subchapter,
no later than the 60th day after the date the certification under this
subchapter is issued. Requires the department to inspect each mammography
system that receives a certification under this subchapter.  Requires a
facility, if the facility's mammography system fails to meet the
department's certification standards and the failure is a Severity Level I
violation under the department's rules, to notify each patient to whom the
facility performed a mammography during the 30 days preceding the date of
the inspection that revealed the failure.  Requires the facility to
perform certain actions. Authorizes the department to require a facility
to notify a patient of any other failure of the facility's mammography
system to meet the department's certification standards.  Authorizes the
board to adopt rules concerning, among other items, the grounds for
patient notification under Subsections (g) and (h).   

SECTION 6. Repealer:  Section 401.425, Health and Safety Code (Alternative
Certification; Exemptions). 

SECTION 7. Effective date: September 1, 1997.

SECTION 8. Emergency clause.