SRC-JJJ, DBM S.B. 1232 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1232
By: Nelson
Health Services
7/26/1999
Enrolled


DIGEST 

Currently, the Texas Department of Health (department) regulates birthing
centers, but does not have the authority to issue emergency suspensions,
revoke a license, use administrative penalties as an enforcement tool, or
place a monitor at the center's expense when compliance issues warrant such
a move.  Lack of authority may prohibit the department from intervening to
protect the health and well-being of patients.  S.B. 1232 will establish
conditions regarding the regulation of birthing centers. 

PURPOSE

As enrolled, S.B. 1232 establishes conditions regarding the regulation of
birthing centers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 244.006, Health and Safety Code, to authorize
the Texas Department of Health (department) to appoint a monitor for the
birthing center to ensure compliance with this chapter, if a birthing
center's failure to comply with this chapter creates a serious threat to
the health and safety of the public.  Makes conforming changes. 

SECTION 2.  Amends Section 244.011(a), Health and Safety Code, to authorize
the department to deny, suspend, or revoke a license for a history of
noncompliance with this chapter or the rules adopted under this chapter.
Makes conforming changes. 

SECTION 3.  Amends Chapter 244, Health and Safety Code, by adding Sections
244.0105 and 244.0115, as follows: 

Sec. 244.0105.  COMPLAINTS.  Authorizes a person to file a complaint with
the department against a birthing center licensed under this chapter.
Provides that a person who files a false affidavit may be prosecuted under
the Penal Code. 

Sec. 244.0115.  EMERGENCY SUSPENSION.  Sets forth the actions the
department may take regarding the issuance of an emergency order to suspend
a license. 

SECTION 4.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 5.Emergency clause.