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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an ultrasound machine registry; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 4, Health and Safety Code, is |
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amended by adding Chapter 325 to read as follows: |
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CHAPTER 325. ULTRASOUND MACHINES |
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Sec. 325.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Health care facility" means a facility authorized |
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under the laws of this state to provide health care to patients. |
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(4) "Licensed practitioner" means a physician |
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licensed in this state to practice medicine or a nurse or advance |
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nurse practitioner licensed in this state to practice nursing. |
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(5) "Ultrasound machine" means a medical imaging |
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device that uses high frequency sound waves and their echoes to |
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provide treatment and testing of patients. |
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Sec. 325.002. RESTRICTED POSSESSION AND USE OF ULTRASOUND |
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MACHINE. (a) A person may not purchase or possess an ultrasound |
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machine for use in the provision of medical, nursing, or health care |
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in this state unless the person is a licensed practitioner or is a |
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health care facility that employs or has on staff at least one |
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licensed practitioner. |
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(b) A person may not operate an ultrasound machine unless |
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the person operates the machine under the supervision of a licensed |
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practitioner or other properly trained health care professional who |
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is able to perform and interpret the ultrasound. |
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Sec. 325.003. NOTIFICATION OF POSSESSION OF ULTRASOUND |
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MACHINE. (a) A licensed practitioner or health care facility that |
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purchases or takes possession of an ultrasound machine shall notify |
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the department not later than the seventh day after the date the |
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practitioner or facility takes possession of the machine. |
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(b) The notification required under Subsection (a) must be |
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on the form prescribed by the department and must include: |
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(1) the name, address, and telephone number of the |
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licensed practitioner or health care facility that took possession |
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of the machine and the date the practitioner or facility took |
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possession of the machine; |
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(2) the type of machine; |
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(3) the address of the premises where the machine is |
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used; and |
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(4) the name of each licensed practitioner who uses |
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the machine. |
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(c) A licensed practitioner or health care facility that has |
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possession of an ultrasound machine shall notify the department of |
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any change in the information provided to the department under |
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Subsection (b) not later than the seventh day after the date of the |
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change. |
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Sec. 325.004. ESTABLISHMENT OF REGISTRY. The department |
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shall establish a central registry of ultrasound machines and |
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include in the registry the information submitted to the department |
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under Section 325.003. |
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Sec. 325.005. INSPECTION; RECORDS. (a) The department or |
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the department's representative may enter public or private |
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property at reasonable times to determine whether, in a matter |
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under the department's jurisdiction, a person is complying with |
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this chapter and department rules. |
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(b) A licensed practitioner or health care facility |
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required to submit notification under Section 325.003 shall retain |
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a copy of all maintenance records and records relating to the use, |
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receipt, storage, transfer, or disposal of an ultrasound machine as |
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provided by department rules. |
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Sec. 325.006. RULES. The executive commissioner shall |
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adopt rules necessary to implement this chapter, including rules on |
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inspections and on maintenance of records. |
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Sec. 325.007. CIVIL PENALTY. (a) A person who violates |
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this chapter or any rule adopted under this chapter is liable to |
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this state for a civil penalty of $1,000 for each violation. Each |
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day a violation continues constitutes a separate violation. |
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(b) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(c) The department or the attorney general may sue to |
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collect a civil penalty under this section. In the suit the state |
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may recover the reasonable expenses incurred in obtaining the |
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penalty, including investigation and court costs, reasonable |
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attorney's fees, witness fees, and other expenses. |
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SECTION 2. (a) Not later than November 1, 2009, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the rules required by Chapter 325, Health and Safety |
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Code, as added by this Act. |
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(b) Not later than December 31, 2009, the Department of |
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State Health Services shall prescribe the form required under |
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Section 325.003, Health and Safety Code, as added by this Act, and |
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establish the registry required by Section 325.004, Health and |
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Safety Code, as added by this Act. |
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SECTION 3. Notwithstanding Chapter 325, Health and Safety |
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Code, as added by this Act, a licensed practitioner or health care |
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facility is not required to submit the notification required by |
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Section 325.003, Health and Safety Code, as added by this Act, |
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before January 1, 2010. |
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SECTION 4. This Act takes effect September 1, 2009. |