AN ACT
1-1 relating to the licensing of ambulatory surgical centers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (b), Section 243.006, Health and
1-4 Safety Code, is amended to read as follows:
1-5 (b) An ambulatory surgical center licensed by the department
1-6 and certified under Title XVIII of the Social Security Act (42
1-7 U.S.C. Section 1395 et seq.) is [not] subject to an on-site
1-8 [additional] licensing inspection [inspections] under this chapter
1-9 once every three years while the center maintains the
1-10 certification.
1-11 SECTION 2. Chapter 243, Health and Safety Code, is amended
1-12 by adding Section 243.0115 to read as follows:
1-13 Sec. 243.0115. EMERGENCY SUSPENSION. The department may
1-14 issue an emergency order to suspend a license issued under this
1-15 chapter if the department has reasonable cause to believe that the
1-16 conduct of a license holder creates an immediate danger to the
1-17 public health and safety. An emergency suspension is effective
1-18 immediately without a hearing on notice to the license holder. On
1-19 written request of the license holder, the department shall conduct
1-20 a hearing not earlier than the 10th day or later than the 30th day
1-21 after the date the hearing request is received to determine if the
1-22 emergency suspension is to be continued, modified, or rescinded.
1-23 The hearing and any appeal are governed by the department's rules
1-24 for a contested case hearing and Chapter 2001, Government Code.
2-1 SECTION 3. (a) This Act takes effect September 1, 1999.
2-2 (b) The change in law made by this Act relating to emergency
2-3 suspension applies only to a violation that occurs on or after the
2-4 effective date of this Act. For the purposes of this section, a
2-5 violation is committed before the effective date of this Act if any
2-6 element of the violation occurs before that date. A violation that
2-7 occurred before the effective date of this Act is covered by the
2-8 law in effect when the violation occurred, and the former law is
2-9 continued in effect for that purpose.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 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. 1249 passed the Senate on
April 15, 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. 1249 passed the House, with
amendment, on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor