SRC-SLL, ARR S.B. 1340 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1340
By: Carona
Health Services
9/2/1999
Enrolled


DIGEST 

Currently, in Texas some physicians have failed to maintain certain
appropriate safety standards regarding the use of anesthesia their office,
and as a result have placed patients at risk for complications or even
death. S.B. 1340 directs the Texas Board of Medical Examiners to establish
minimum standards for office procedures involving anesthesia.  

PURPOSE

As enrolled, S.B. 1340 regulates anesthesia in certain outpatient settings
and provides administrative penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Medical Examiners in
SECTION 2 (Section 7.02, Article 4495b, V.T.C.S.) and the Board of Nurse
Examiners in SECTION 4 (Section 2, Article 4527e, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Sets forth the findings of the legislature. Requires the Texas
State Board of Medical Examiners (board) and the Board of Nurse Examiners
to adopt rules to regulate the provision of anesthesia services in
outpatient surgical settings that are not part of a licensed hospital or
licensed ambulatory surgical center. 

SECTION 2. Amends Article 4495b, V.T.C.S. (The Medical Practice Act), by
adding Subchapter G, as follows: 

SUBCHAPTER G. ANESTHESIA IN OUTPATIENT SETTING

Sec. 7.01. DEFINITION.  Defines "outpatient setting."

Sec. 7.02 RULES. Requires the board to establish, by rule, the minimum
standards for provision of anesthesia services in outpatient settings by
persons licensed by the board. Requires the rules to include certain
provisions.  

Sec. 7.03. APPLICABILITY.  Sets forth the applicability of rules adopted by
the board under this subchapter. 

Sec. 7.04. COMPLIANCE WITH ANESTHESIA RULES. Requires a physician
practicing medicine in this state and who administers anesthesia or
performs a surgical procedure for which anesthesia services are provided in
an outpatient setting to comply with the rules adopted under this
subchapter, on or after August 31, 2000.  Authorizes the board to require a
physician to submit and comply with a corrective action plan to remedy or
address any current or potential deficiencies with the physician's
provision of anesthesia in an outpatient setting in accordance with this
Act or rules of the board.  

Sec. 7.05. ANNUAL REGISTRATION. Requires the board to require each
physician who administers anesthesia or performs a surgical procedure for
which anesthesia services are  provided in an outpatient setting to
annually register with the board on a prescribed form by the board and to
pay a fee in an amount established by the board, beginning September 1,
2000.  Requires the board to coordinate the registration required so that
the times of registration, payment, notice, and imposition of penalties for
late payment are similar and provide a minimum of administrative burden to
the board and to physicians. 

Sec. 7.06. INSPECTIONS. Authorizes the board to conduct inspections to
enforce this subchapter, including inspection of the office site and
documents related to the provision of anesthesia in an outpatient setting.
Authorizes the board to contract with another state agency or qualified
person to conduct these inspections. Requires the board to provide at least
five business days notice prior to conducting  an on-site inspection,
unless if would jeopardize an ongoing investigation. Provides that this
section does not require the board to make an on-site inspection of a
physician's office. 

Sec. 7.07. REQUESTS FOR INSPECTION AND ADVISORY OPINION.  Sets forth
provisions regarding requests by a physician for an on-site inspection and
the issuance of an advisory opinion by the board. 

SECTION 3. Amends Section 3.10(b), Article 4495b, V.T.C.S., by adding
Subparagraph (12), to set forth certain fees, including a fee of $300 for
processing an application and registration for anesthesia in an outpatient
setting. 

SECTION 4. Amends Chapter 7, Title 71, V.T.C.S., by adding Article 4527e,
as follows: 

Art. 4527e.  ANESTHESIA IN OUTPATIENT SETTING

Sec. 1. DEFINITION.  Defines "outpatient setting."

Sec. 2. RULES.  Requires the Board of Nurse Examiners (examiners) to
establish, by rule, the minimum standards for the provision of anesthesia
services in outpatient settings by persons licensed by the board.  Requires
the rules to be designed to protect the health, safety, and welfare of the
public and to include certain requirements. 

Sec. 3. APPLICABILITY.  Sets forth the applicability of rules adopted under
this article. 

Sec. 4. COMPLIANCE WITH ANESTHESIA RULES.  Requires a certified registered
nurse anesthetist (nurse) providing anesthesia services in an outpatient
setting on or after August 31, 2000, to comply with the rules adopted by
the examiners under this article.  Authorizes the examiners to require a
nurse to submit and comply with a corrective action plan to remedy or
address any current or potential deficiencies with the nurse's provision of
anesthesia in an outpatient setting in accordance with this chapter or
rules of the examiners. 

Sec. 5. BIENNIAL REGISTRATION.  Sets forth provisions regarding the
biennial registration of nurses who provide anesthesia in outpatient
settings. 

Sec. 6. INSPECTIONS.  Authorizes the examiners to conduct inspections to
enforce this article.  Authorizes the examiners to contract with another
state agency or qualified person to conduct these inspections.  Requires
the examiners to provide at least five business days' notice before
conducting an on-site inspection unless it would jeopardize an ongoing
investigation.  Provides that this section does not require the examiners
to make an on-site inspection of an outpatient setting where a nurse
provides anesthesia. 

Sec. 7. REQUESTS FOR INSPECTION AND ADVISORY OPINION.  Sets forth
provisions regarding requests by a nurse for an inspection of certain items
and the issuance of an advisory opinion by the examiners. 

SECTION 5. Authorizes the board and the examiners to permit the
registration requirements under Subchapter G, Article 4495b, V.T.C.S., as
added by this Act, to be staggered and phased in so that not later than
September 1, 2002 all physicians and nurses required to register under
those laws will  be in compliance.  

SECTION 6. Requires the rules required under Subchapter G, Article 4495b,
V.T.C.S., as added by this Act, to be adopted by January 7, 2000.  Requires
the board to report to the speaker of the house and the lieutenant governor
on the implementation and enforcement of the rules and the laws added by
this Act by January 1, 2001. Requires the report to include any suggested
amendments or changes to this Act to make it more effective or efficient. 

SECTION 7. Effective date: September 1, 1999.

SECTION 8. Emergency clause.