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By: Janek S.B. No. 1392
(In the Senate - Filed March 13, 2003; March 19, 2003, read
first time and referred to Committee on Health and Human Services;
April 29, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 29, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1392 By: Janek
A BILL TO BE ENTITLED
AN ACT
relating to regulation of distressed devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 432, Health and Safety Code, is amended
by adding Section 432.0045 to read as follows:
Sec. 432.0045. INAPPLICABILITY TO CERTAIN TRANSFERS.
(a) In this section, "hospital" means a public or private hospital
licensed under Chapter 241 and a hospital owned or operated by the
state.
(b) Subject to Subsection (c), this chapter does not apply
to the transfer of a distressed device:
(1) from a person licensed under this chapter to a
hospital; or
(2) from a hospital to another hospital.
(c) A person, including a hospital, making a transfer under
Subsection (b) must provide an appropriate disclosure regarding the
condition of the distressed device to the recipient of the
distressed device. For the purposes of this section, "appropriate
disclosure" means a concise written statement that:
(1) is dated;
(2) contains the name of the transferring person; and
(3) describes the condition of the distressed device,
if known, or if unknown, states that the device may not meet
manufacturer's specifications. The statement must include the
following, "Prior to use, a distressed device that does not meet the
manufacturer's specifications must be reconditioned."
SECTION 2. This Act takes effect September 1, 2003.
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