S.B. No. 245




AN ACT

relating to the provision of respiratory therapy services under the 
medical assistance program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 32, Human Resources Code, 
is amended by adding Section 32.059 to read as follows:
	Sec. 32.059.  USE OF RESPIRATORY THERAPISTS FOR RESPIRATORY 
THERAPY SERVICES.  The department by rule shall require that 
respiratory therapy services for ventilator-dependent persons 
furnished as part of a plan of care under this chapter be provided 
by a respiratory therapist authorized to practice respiratory care 
under Chapter 604, Occupations Code, when:
		(1)  respiratory therapy is determined by the 
recipient's treating physician to be the most effective method of 
treatment; and
		(2)  the use of a respiratory therapist is practicable 
and cost-neutral or cost-effective.
	SECTION 2.  The Health and Human Services Commission or a 
relevant agency operating part of the medical assistance program 
shall adopt rules required by Section 32.059, Human Resources Code, 
as added by this Act, not later than December 1, 2003.
	SECTION 3.  If before implementing any provision of this Act 
a state agency determines that a waiver or authorization from a 
federal agency is necessary for implementation of that provision, 
the agency affected by the provision shall request the waiver or 
authorization and may delay implementing that provision until the 
waiver or authorization is granted.
	SECTION 4.  Subsection (c), Section 32.027, Human Resources 
Code, is repealed.
	SECTION 5.  This Act takes effect September 1, 2003.                           





______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 245 passed the Senate on 
May 1, 2003, by the following vote:  Yeas 31, Nays 0; and that the 
Senate concurred in House amendment on May 29, 2003, by a viva-voce 
vote.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 245 passed the House, with 
amendment, on May 28, 2003, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor