AN ACT
1-1 relating to the regulation of birthing centers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 244.006, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 244.006. INSPECTIONS. (a) The department may inspect
1-6 a birthing center at reasonable times as necessary to assure
1-7 compliance with this chapter.
1-8 (b) If a birthing center's failure to comply with this
1-9 chapter creates a serious threat to the health and safety of the
1-10 public, the department may appoint a monitor for the center to
1-11 ensure compliance with this chapter. The birthing center shall be
1-12 liable for the cost of the monitor.
1-13 SECTION 2. Subsection (a), Section 244.011, Health and
1-14 Safety Code, is amended to read as follows:
1-15 (a) The department may deny, suspend, or revoke a license
1-16 for:
1-17 (1) a violation of this chapter or a rule adopted
1-18 under this chapter; or
1-19 (2) a history of continuing noncompliance with this
1-20 chapter or the rules adopted under this chapter.
1-21 SECTION 3. Chapter 244, Health and Safety Code, is amended
1-22 by adding Sections 244.0105 and 244.0115 to read as follows:
1-23 Sec. 244.0105. COMPLAINTS. A person may file a complaint
1-24 with the department against a birthing center licensed under this
2-1 chapter. A person who files a false complaint may be prosecuted
2-2 under the Penal Code.
2-3 Sec. 244.0115. EMERGENCY SUSPENSION. The department may
2-4 issue an emergency order to suspend a license issued under this
2-5 chapter if the department has reasonable cause to believe that the
2-6 conduct of a license holder creates an immediate danger to the
2-7 public health and safety. On written request of the license
2-8 holder, the department shall conduct a hearing not earlier than the
2-9 seventh day or later than the 10th day after the date the notice of
2-10 the emergency suspension is sent to the license holder to determine
2-11 if the emergency suspension is to take effect, to be modified, or
2-12 to be rescinded. The hearing and any appeal are governed by the
2-13 department's rules for a contested case hearing and Chapter 2001,
2-14 Government Code.
2-15 SECTION 4. (a) This Act takes effect September 1, 1999.
2-16 (b) The change in law made by this Act relating to emergency
2-17 suspension applies only to a violation that occurs on or after the
2-18 effective date of this Act. For the purposes of this section, a
2-19 violation is committed before the effective date of this Act if any
2-20 element of the violation occurs before that date. A violation that
2-21 occurred before the effective date of this Act is covered by the
2-22 law in effect when the violation occurred, and the former law is
2-23 continued in effect for that purpose.
2-24 SECTION 5. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1232 passed the Senate on
April 8, 1999, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 28, 1999, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1232 passed the House, with
amendment, on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor