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1-23     emergency suspension is to be continued, modified, or rescinded.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.