76R12352 MCK-D                           
         By Tillery                                             H.B. No. 885
         Substitute the following for H.B. No. 885:
         By Gray                                            C.S.H.B. No. 885
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the presence of certain individuals in a hospital
 1-3     operating room.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 241, Health and Safety
 1-6     Code, is amended by adding Section 241.105 to read as follows:
 1-7           Sec. 241.105.  PERSONNEL IN HOSPITAL OPERATING ROOM.  (a)
 1-8     Except as provided by Subsection (b), only the following persons
 1-9     may be present in an  operating room during a medical procedure:
1-10                 (1)  a licensed, registered, or certified health care
1-11     provider or a person credentialed by the hospital where the
1-12     procedure is being performed;
1-13                 (2)  a medical, nursing, or other health care student
1-14     working under the supervision of a licensed physician or other
1-15     appropriate licensed health care provider;
1-16                 (3)  an individual who has information that is
1-17     necessary to treat the patient; and
1-18                 (4)  a person necessary in an emergency situation.
1-19           (b)  A patient or other person legally authorized to consent
1-20     to medical treatment on the patient's behalf may provide consent
1-21     authorizing nonmedical personnel to be present in an operating room
1-22     during a medical procedure.
1-23           SECTION 2.  This Act takes effect September 1, 1999.
1-24           SECTION 3.  The importance of this legislation and the
 2-1     crowded condition of the calendars in both houses create an
 2-2     emergency and an imperative public necessity that the
 2-3     constitutional rule requiring bills to be read on three several
 2-4     days in each house be suspended, and this rule is hereby suspended.