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A BILL TO BE ENTITLED
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AN ACT
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relating to the storage, maintenance, and distribution of |
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mammography medical records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 401.305(c), (e), (f), and (g), Health |
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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 substances 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 or commission may use money in the |
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perpetual care 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 substances, 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 or commission to meet the |
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requirements of this chapter or of department or commission rules; |
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[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 or commission may provide, by the terms |
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of a contract or lease entered into between the department or |
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commission and any person, by the terms of a mammography |
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certification issued by the department or commission to any person, |
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or by the terms of a license issued to any person, for the storage, |
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maintenance, and distribution of mammography medical records. The |
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department or commission may provide, by the terms of a contract or |
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lease entered into between the department or commission and any |
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person or by the terms of a license issued by the department or |
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commission to any person, for the decontamination, closure, |
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decommissioning, reclamation, surveillance, or other care of a site |
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or facility subject to department or commission jurisdiction under |
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this chapter as needed to carry out 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 or commission liable for the costs of storage, |
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maintenance, and distribution of mammography medical records |
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arising from a mammography certification holder's failure to store, |
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maintain, and make available mammography medical records or for the |
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costs of decontamination, transfer, transportation, reclamation, |
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surveillance, or disposal of radioactive substances arising from a |
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license holder's abandonment of radioactive substances, default on |
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a lawful obligation, insolvency, or inability to meet the |
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requirements of this chapter or of department or commission rules. |
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SECTION 2. This Act takes effect September 1, 2009. |