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A BILL TO BE ENTITLED
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AN ACT
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relating to the maintenance and service of certain medical devices |
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in health care facilities; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.0215 to read as follows: |
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Sec. 431.0215. ADDITIONAL PROHIBITED ACTS; CRIMINAL |
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PENALTY. (a) In this section, "facility" means a hospital, |
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ambulatory surgical center, physician's office, or medical clinic |
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that is authorized under the laws of this state to provide health |
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care in this state. |
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(b) Except as provided by Subsection (c), a person may not |
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calibrate, repair, or perform preventive maintenance on or |
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otherwise service a device designated by the United States Food and |
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Drug Administration as a class II or class III medical device in a |
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facility unless the person: |
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(1) holds an associate of applied science degree as a |
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biomedical equipment technician issued by an accredited college or |
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university; |
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(2) holds a bachelor's degree in engineering; or |
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(3) holds a certification to maintain or service a |
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class II or class III medical device issued by the United States |
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military. |
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(c) Subsection (b) does not apply to the calibration, |
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repair, maintenance, or service of a class II or class III medical |
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device that is used only for teaching and research purposes. |
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(d) A person commits an offense if the person violates |
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Subsection (b). An offense under this subsection is a Class C |
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misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2009. |