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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification and regulation of mammography |
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systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (c), (e), (f), and (g), Section |
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401.305, Health and Safety Code, are amended to read as follows: |
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(c) Money and security in the perpetual care account may be |
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administered by the department or commission only for storage, |
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maintenance, and distribution of mammography medical records or the |
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decontamination, decommissioning, stabilization, reclamation, |
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maintenance, surveillance, control, storage, and disposal of |
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radioactive material for the protection of the public health and |
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safety and the environment under this chapter and for refunds under |
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Section 401.303. |
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(e) The department may use money in the perpetual care |
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account to pay for measures: |
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(1) to prevent or mitigate the adverse effects of |
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abandonment of radioactive materials, default on a lawful |
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obligation, insolvency, or other inability by the holder of a |
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license issued by the department to meet the requirements of this |
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chapter or department rules; [and] |
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(2) to assure the protection of the public health and |
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safety and the environment from the adverse effects of ionizing |
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radiation ; and |
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(3) to protect the health and safety of mammography |
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patients by assuring mammography medical records are made available |
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to affected patients. |
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(f) The department may provide, by the terms of a contract |
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or lease entered into between the department and any person, by the |
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terms of a mammography certification issued by the department to |
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any person, or by the terms of a license issued to any person, for |
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the storage, maintenance and distribution of mammography medical |
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records, and the department may provide, by the terms of a contract |
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or lease entered into between the department and any person or by |
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the terms of a license issued by the department to any person, for |
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decontamination, closure, decommissioning, reclamation, |
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surveillance, or other care of a site or facility subject to |
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department jurisdiction under this chapter as needed to carry out |
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the purpose of this chapter. |
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(g) The existence of the perpetual care account does not |
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make the department liable for the costs of storage, maintenance, |
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and distribution of mammography medical records arising from |
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mammography certification holders' failure to store, maintain, and |
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make available mammography medical records or for the costs of |
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decontamination, transfer, transportation, reclamation, |
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surveillance, or disposal of radioactive material arising from a |
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license holder's abandonment of radioactive material, default on a |
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lawful obligation, insolvency, or inability to meet the |
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requirements of this chapter or department rules. |
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SECTION 2. 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 3. Subsection (f), Section 401.430, Health and |
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Safety Code, is 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 4. This Act takes effect September 1, 2007. |
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