1-1 By: Cain S.B. No. 422
1-2 (In the Senate - Filed February 3, 1997; February 5, 1997,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 20, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-6 February 20, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 422 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the licensure of a hospital with multiple premises
1-11 under a single license and the provision of certain services by
1-12 licensed hospitals.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 241.003, Health and Safety Code, is
1-15 amended to read as follows:
1-16 Sec. 241.003. DEFINITIONS. In this chapter:
1-17 (1) "Board" means the Texas Board of Health.
1-18 (2) "Comprehensive medical rehabilitation hospital"
1-19 means a general hospital that specializes in providing medical
1-20 rehabilitation services, including surgery and related ancillary
1-21 services.
1-22 (3) "Council" means the Hospital Licensing Advisory
1-23 Council.
1-24 (4) [(3)] "Department" means the Texas Department of
1-25 Health.
1-26 (5) [(4)] "General hospital" means an establishment
1-27 that:
1-28 (A) offers services, facilities, and beds for
1-29 use for more than 24 hours for two or more unrelated individuals
1-30 requiring diagnosis, treatment, or care for illness, injury,
1-31 deformity, abnormality, or pregnancy; and
1-32 (B) regularly maintains, at a minimum, clinical
1-33 laboratory services, diagnostic X-ray services, treatment
1-34 facilities including surgery or obstetrical care or both, and other
1-35 definitive medical or surgical treatment of similar extent.
1-36 (6) [(5)] "Governmental unit" means a political
1-37 subdivision of the state, including a hospital district, county, or
1-38 municipality, and any department, division, board, or other agency
1-39 of a political subdivision.
1-40 (7) [(6)] "Hospital" includes a general hospital and a
1-41 special hospital.
1-42 (8) [(7)] "Medical staff" means a physician or group
1-43 of physicians and a podiatrist or group of podiatrists who by
1-44 action of the governing body of a hospital are privileged to work
1-45 in and use the facilities of a hospital for or in connection with
1-46 the observation, care, diagnosis, or treatment of an individual who
1-47 is, or may be, suffering from a mental or physical disease or
1-48 disorder or a physical deformity or injury.
1-49 (9) "Pediatric and adolescent hospital" means a
1-50 general hospital that specializes in providing services to children
1-51 and adolescents, including surgery and related ancillary services.
1-52 (10) [(8)] "Person" means an individual, firm,
1-53 partnership, corporation, association, or joint stock company, and
1-54 includes a receiver, trustee, assignee, or other similar
1-55 representative of those entities.
1-56 (11) [(9)] "Physician" means a physician licensed by
1-57 the Texas State Board of Medical Examiners.
1-58 (12) [(10)] "Podiatrist" means a podiatrist licensed
1-59 by the Texas State Board of Podiatric Medical Examiners.
1-60 (13) "Premises" means:
1-61 (A) a single building where inpatients receive
1-62 hospital services; or
1-63 (B) multiple buildings where inpatients receive
1-64 hospital services, provided that the following criteria are met:
2-1 (i) all inpatient buildings and inpatient
2-2 services are subject to the control and direction of the governing
2-3 body of the hospital;
2-4 (ii) all inpatient buildings are no more
2-5 than 30 minutes travel time apart;
2-6 (iii) there is integration of the
2-7 organized medical staff of the hospital;
2-8 (iv) there is a single chief executive
2-9 officer who reports directly to the governing body and through whom
2-10 all administrative authority flows and who exercises control and
2-11 surveillance over all administrative activities of the hospital;
2-12 (v) there is a single chief medical
2-13 officer who reports directly to the governing body and who is
2-14 responsible for all medical staff activities of the hospital; and
2-15 (vi) each building that is geographically
2-16 separate from other buildings contains at least one nursing unit
2-17 for inpatients, unless providing only diagnostic or laboratory
2-18 services, or a combination thereof, in the building for hospital
2-19 inpatients.
2-20 (14) [(11)] "Special hospital" means an establishment
2-21 that:
2-22 (A) offers services, facilities, and beds for
2-23 use for more than 24 hours for two or more unrelated individuals
2-24 who are regularly admitted, treated, and discharged and who require
2-25 services more intensive than room, board, personal services, and
2-26 general nursing care;
2-27 (B) has clinical laboratory facilities,
2-28 diagnostic X-ray facilities, treatment facilities, or other
2-29 definitive medical treatment;
2-30 (C) has a medical staff in regular attendance;
2-31 and
2-32 (D) maintains records of the clinical work
2-33 performed for each patient.
2-34 SECTION 2. Section 241.022, Health and Safety Code, is
2-35 amended by adding Subsection (f) to read as follows:
2-36 (f) A hospital shall not include in its license application
2-37 its offsite outpatient services.
2-38 SECTION 3. Section 241.026, Health and Safety Code, is
2-39 amended by adding Subsection (f) to read as follows:
2-40 (f) A comprehensive medical rehabilitation hospital or a
2-41 pediatric and adolescent hospital shall have an emergency treatment
2-42 room but is not required to have an emergency department.
2-43 SECTION 4. The importance of this legislation and the
2-44 crowded condition of the calendars in both houses create an
2-45 emergency and an imperative public necessity that the
2-46 constitutional rule requiring bills to be read on three several
2-47 days in each house be suspended, and this rule is hereby suspended,
2-48 and that this Act take effect and be in force from and after its
2-49 passage, and it is so enacted.
2-50 * * * * *