S.B. 1392 78(R)    BILL ANALYSIS


S.B. 1392
By: Janek
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
This bill sets forth regulations concerning the transfer of a distressed
device. 

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1. Amends Chapter 432, Health and Safety Code, by adding Section
432.0045, as 
follows:

Sec. 432.0045. INAPPLICABILITY TO CERTAIN TRANSFERS. (a) Defines
"hospital." 
(b) Provides that, subject to Subsection (c), this chapter does not apply
to certain transfers of a distressed device. 

(c) Requires a person, including a hospital, making a transfer under
Subsection (b) to provide an appropriate disclosure regarding the
condition of the distressed device to the recipient of the distressed
device. Defines "appropriate disclosure." 

SECTION 2. Effective date: September 1, 2003.

EFFECTIVE DATE
September 1, 2003.