76R14826 MCK-D
By Nelson S.B. No. 1249
Substitute the following for S.B. No. 1249:
By Gray C.S.S.B. No. 1249
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing of ambulatory surgical centers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 243.006, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (b) An ambulatory surgical center licensed by the department
1-7 and certified under Title XVIII of the Social Security Act (42
1-8 U.S.C. Section 1395 et seq.) is [not] subject to an on-site
1-9 [additional] licensing inspection [inspections] under this chapter
1-10 once every three years while the center maintains the
1-11 certification.
1-12 SECTION 2. Chapter 243, Health and Safety Code, is amended
1-13 by adding Section 243.0115 to read as follows:
1-14 Sec. 243.0115. EMERGENCY SUSPENSION. The department may
1-15 issue an emergency order to suspend a license issued under this
1-16 chapter if the department has reasonable cause to believe that the
1-17 conduct of a license holder creates an immediate danger to the
1-18 public health and safety. An emergency suspension is effective
1-19 immediately without a hearing on notice to the license holder. On
1-20 written request of the license holder, the department shall conduct
1-21 a hearing not earlier than the 10th day or later than the 30th day
1-22 after the date the hearing request is received to determine if the
1-23 emergency suspension is to be continued, modified, or rescinded.
1-24 The hearing and any appeal are governed by the department's rules
2-1 for a contested case hearing and Chapter 2001, Government Code.
2-2 SECTION 3. (a) This Act takes effect September 1, 1999.
2-3 (b) The change in law made by this Act relating to emergency
2-4 suspension applies only to a violation that occurs on or after the
2-5 effective date of this Act. For the purposes of this section, a
2-6 violation is committed before the effective date of this Act if any
2-7 element of the violation occurs before that date. A violation that
2-8 occurred before the effective date of this Act is covered by the
2-9 law in effect when the violation occurred, and the former law is
2-10 continued in effect for that purpose.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.