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.