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.