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Amend CSHB 2292 as follows:
(1) Add the following sections, numbered appropriately:
SECTION ____. Section 142.003(a), Health and Safety Code,
is amended to read as follows:
(a) The following persons need not be licensed under this
chapter:
(1) a physician, dentist, registered nurse,
occupational therapist, or physical therapist licensed under the
laws of this state who provides home health services to a client
only as a part of and incidental to that person's private office
practice;
(2) a registered nurse, licensed vocational nurse,
physical therapist, occupational therapist, speech therapist,
medical social worker, or any other health care professional as
determined by the department who provides home health services as a
sole practitioner;
(3) a registry that operates solely as a clearinghouse
to put consumers in contact with persons who provide home health,
hospice, or personal assistance services and that does not maintain
official client records, direct client services, or compensate the
person who is providing the service;
(4) an individual whose permanent residence is in the
client's residence;
(5) an employee of a person licensed under this
chapter who provides home health, hospice, or personal assistance
services only as an employee of the license holder and who receives
no benefit for providing the services, other than wages from the
license holder;
(6) a home, nursing home, convalescent home, assisted
living facility, special care facility, or other institution for
individuals who are elderly or who have disabilities that provides
home health or personal assistance services only to residents of
the home or institution;
(7) a person who provides one health service through a
contract with a person licensed under this chapter;
(8) a durable medical equipment supply company;
(9) a pharmacy or wholesale medical supply company
that does not furnish services, other than supplies, to a person at
the person's house;
(10) a hospital or other licensed health care facility
that provides home health or personal assistance services only to
inpatient residents of the hospital or facility;
(11) a person providing home health or personal
assistance services to an injured employee under Title 5, Labor
Code;
(12) a visiting nurse service that:
(A) is conducted by and for the adherents of a
well-recognized church or religious denomination; and
(B) provides nursing services by a person exempt
from licensing by Section 301.004, Occupations Code, because the
person furnishes nursing care in which treatment is only by prayer
or spiritual means;
(13) an individual hired and paid directly by the
client or the client's family or legal guardian to provide home
health or personal assistance services;
(14) a business, school, camp, or other organization
that provides home health or personal assistance services,
incidental to the organization's primary purpose, to individuals
employed by or participating in programs offered by the business,
school, or camp that enable the individual to participate fully in
the business's, school's, or camp's programs;
(15) a person or organization providing
sitter-companion services or chore or household services that do
not involve personal care, health, or health-related services;
(16) a licensed health care facility that provides
hospice services under a contract with a hospice;
(17) a person delivering residential acquired immune
deficiency syndrome hospice care who is licensed and designated as
a residential AIDS hospice under Chapter 248; [or]
(18) the Texas Department of Criminal Justice; or
(19) a person that provides services under a home and
community-based services waiver program for persons with mental
retardation adopted in accordance with Section 1915(c) of the
federal Social Security Act (42 U.S.C. Section 1396n), as amended,
and that is funded wholly or partly by the Texas Department of
Mental Health and Mental Retardation and monitored by that
department or by a designated local authority in accordance with
standards adopted by that department.
SECTION ____. Section 142.009(j), Health and Safety Code,
is amended to read as follows:
(j) Except as provided by Subsections (h)[, (i),] and (l),
an on-site survey must be conducted within 18 months after a survey
for an initial license. After that time, an on-site survey must be
conducted at least every 36 months.
SECTION ____. Section 533.034, Health and Safety Code, is
amended to read as follows:
Sec. 533.034. AUTHORITY TO CONTRACT FOR COMMUNITY-BASED
SERVICES. (a) The department may cooperate, negotiate, and
contract with local agencies, hospitals, private organizations and
foundations, community centers, physicians, and other persons to
plan, develop, and provide community-based mental health and mental
retardation services.
(b) The department may adopt a schedule of initial and
annual renewal compliance fees for persons that provide services
under a home and community-based services waiver program for
persons with mental retardation adopted in accordance with Section
1915(c) of the federal Social Security Act (42 U.S.C. Section
1396n), as amended, and that is funded wholly or partly by the
department and monitored by the department or by a designated local
authority in accordance with standards adopted by the department.
This subsection expires September 1, 2005.
(2) On page 172, at the end of line 4, insert "142.006(d),
(e), and (f), 142.009(i), 142.0176,"