By Maxey H.B. No. 2535
77R6722 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of single-use surgical devices; providing a
1-3 penatly.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 431, Health and Safety Code, is amended by
1-6 adding Subchapter M to read as follows:
1-7 SUBCHAPTER M. SINGLE-USE SURGICAL DEVICES
1-8 Sec. 431.301. DEFINITION. In this subchapter, "single-use
1-9 surgical device" means a cardiac catheter, angioplasty balloon
1-10 catheter, arthroscopic knee surgery blade, or any other device
1-11 marketed or sold as a disposable or single-use device, as
1-12 determined by board rule, to be designed for use in a single
1-13 surgical procedure to avoid risk of infection from improper
1-14 sterilization or risk of mechanical failure posed by subsequent
1-15 use.
1-16 Sec. 431.302. PROHIBITED ACT. A person may not knowingly
1-17 reuse, recycle, refurbish for reuse, or provide for reuse a
1-18 single-use surgical device.
1-19 Sec. 431.303. EXEMPTION. This subchapter does not apply to a
1-20 person who reuses, recycles, refurbishes for reuse, or provides for
1-21 reuse a single-use surgical device reprocessed by an entity or
1-22 person registered with and regulated by the United States Food and
1-23 Drug Administration.
1-24 Sec. 431.304. CRIMINAL PENALTY. (a) A person commits an
2-1 offense if the person knowingly violates this subchapter.
2-2 (b) Except as provided by Subsection (c), an offense under
2-3 this section is a Class B misdemeanor.
2-4 (c) An offense under this section is a Class A misdemeanor
2-5 if the person has been previously convicted of an offense under
2-6 this section.
2-7 SECTION 2. This Act takes effect September 1, 2001, and
2-8 applies only to the use of a single-use surgical device on or after
2-9 that date.