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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification of mammography systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 401, Health and Safety |
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Code, is amended by adding Section 401.4261 to read as follows: |
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Sec. 401.4261. SECURITY. (a) The department may require a |
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person who holds a certification to provide security to assure |
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performance of the person's obligations related to storing and |
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maintaining mammography records as required by this subchapter and |
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department rule. |
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(b) The department shall deposit the security to the credit |
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of the perpetual care account. |
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(c) The department by rule shall determine the amount and |
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type of security required under this section in accordance with |
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reasonable estimates of the costs of storage and maintenance of |
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mammography records in a manner that protects the public health and |
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safety. |
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SECTION 2. Section 401.430(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) If, as a result of an inspection, the department |
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determines that a facility's mammography system fails to meet the |
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department's certification standards and the quality of |
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mammography produced by that system creates a serious risk to |
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public health, the department may require that [the failure is a
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Severity Level I violation under the department's rules,] the |
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facility [shall] notify each patient affected [on whom the facility
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performed a mammography during the 30 days preceding the date of the
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inspection that revealed the failure]. The facility shall: |
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(1) inform the patient that the mammography system |
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failed to satisfy the department's certification standards; |
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(2) recommend that the patient consult with the |
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patient's physician regarding the need for another mammogram [have
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another mammogram performed at a facility with a certified
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mammography system]; and |
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(3) list the three facilities closest to the original |
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testing facility that have a certified mammography system. |
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SECTION 3. This Act takes effect September 1, 2007. |