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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration of diagnostic imaging equipment, the |
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accreditation of diagnostic imaging facilities, and the regulation |
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of diagnostic imaging providers; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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amended by adding Chapter 113 to read as follows: |
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CHAPTER 113. DIAGNOSTIC IMAGING |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 113.001. DEFINITIONS. In this chapter: |
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(1) "Center" means the Center for Health Statistics of |
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the Department of State Health Services. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Diagnostic imaging equipment" means a machine or |
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equipment used to perform magnetic resonance imaging, computed |
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tomography, positron emission tomography, and any hybrid |
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technology that combines any of those imaging modalities. |
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(4) "Diagnostic imaging facility" means any location |
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where a diagnostic imaging service is provided to a patient for a |
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fee by a diagnostic imaging provider. |
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(5) "Diagnostic imaging provider" means any person |
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that has an investment interest in any facility, office, clinic, |
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imaging center, hospital, or other location in which a diagnostic |
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imaging service is provided or in any machine or equipment that is |
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used to provide a diagnostic imaging service. |
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(6) "Diagnostic imaging service" means magnetic |
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resonance imaging, computed tomography, positron emission |
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tomography, and any hybrid technology that combines any of those |
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imaging modalities. |
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(7) "Health care provider" means a person licensed as |
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a health care professional or authorized to practice in health care |
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under Subtitle B or C. |
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(8) "Immediate family member" means a person's spouse, |
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child, child's spouse, grandchild, grandchild's spouse, parent, |
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parent-in-law, or sibling. |
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(9) "Investment interest" means an equity or debt |
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security issued by a person, including shares of stock in a |
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corporation, membership or other interest in a company, including a |
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limited liability company, units or other interests in a |
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partnership, including a limited liability partnership, bonds, |
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debentures, notes, or other equity interests or debt instruments. |
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The term includes the rental or time sharing of imaging equipment in |
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which a referring health care provider receives a portion of the |
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billing revenue. |
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(10) "Investor" means a person who directly or |
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indirectly holds a legal, beneficial ownership, or investment |
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interest, including an interest held through an immediate family |
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member, trust, or another person related to the investor within the |
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meaning of "related to the provider" as defined by 42 C.F.R. Section |
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413.17. |
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(11) "Licensing authority" means a department, board, |
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office, or other agency of this state that regulates a health care |
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provider subject to this chapter. |
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(12) "Patient" means a person who receives a physical |
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examination, evaluation, diagnosis, or treatment by a health care |
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provider. |
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(13) "Referral" means a health care provider's request |
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for or ordering of a diagnostic imaging service for a patient. |
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Sec. 113.002. RULES. The executive commissioner of the |
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Health and Human Services Commission, on behalf of the department |
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and center and as necessary to protect the public health and safety, |
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shall adopt rules specifying the procedures health care providers |
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and diagnostic imaging providers must use to comply with this |
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chapter. |
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[Sections 113.003-113.050 reserved for expansion] |
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SUBCHAPTER B. REGISTRATION OF FACILITIES |
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Sec. 113.051. REGISTRATION REQUIRED. A person may not |
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operate a diagnostic imaging facility unless the person holds a |
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diagnostic imaging facility certificate of registration issued |
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under this subchapter. |
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Sec. 113.052. APPLICATION; ISSUANCE. (a) An applicant for |
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a diagnostic imaging facility certificate of registration shall |
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file an application with the department on the form prescribed by |
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the department. |
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(b) The applicant is entitled to a diagnostic imaging |
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facility certificate of registration if: |
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(1) the applicant pays any required fee; and |
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(2) the applicant's facility meets the accreditation |
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requirements under Section 113.053 and department rule. |
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Sec. 113.053. ACCREDITATION. (a) The department may not |
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issue a diagnostic imaging facility certificate of registration to |
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a person unless the person's diagnostic imaging facility has been |
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accredited by a nationally recognized accreditation organization |
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approved by the department. |
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(b) In approving accreditation organizations, the |
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department shall consider: |
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(1) the ability of the organization to conduct timely |
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reviews of accreditation applications; |
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(2) the organization's process for timely integration |
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of new technology into accreditation programs; |
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(3) whether the organization's criteria for |
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accreditation of diagnostic imaging facilities includes all of the |
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following: |
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(A) qualifications for non-physician medical |
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personnel; |
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(B) qualifications for and responsibilities of |
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medical directors, supervising physicians, and interpreting |
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physicians located at the facility; |
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(C) procedures for ensuring that diagnostic |
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imaging equipment meets performance specifications; |
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(D) procedures for ensuring patient safety; and |
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(E) quality assurance reporting; and |
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(4) other factors the department considers necessary |
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to protect the public health and safety. |
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Sec. 113.054. TERM; RENEWAL. (a) A diagnostic imaging |
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facility certificate of registration expires on the second |
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anniversary of the date of issuance. |
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(b) A person may renew a diagnostic imaging facility |
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certificate of registration by submitting to the department on the |
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form prescribed by the department a renewal application and any |
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required fee. |
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[Sections 113.055-113.070 reserved for expansion] |
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SUBCHAPTER B-1. REPORTING AND DISCLOSURE OF HEALTH CARE PROVIDER |
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REFERRALS |
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Sec. 113.071. REPORTING AND DISCLOSURE OF REFERRALS. (a) A |
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diagnostic imaging provider that performs services for a referring |
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health care provider shall report to the center: |
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(1) the identity of the referring health care |
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provider; |
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(2) whether the health care provider is an investor in |
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the diagnostic imaging provider and the exact nature of any |
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investment interest the health care provider has in the diagnostic |
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imaging provider; |
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(3) the total number of patients receiving diagnostic |
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imaging services who were referred by the health care provider; and |
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(4) the additional claims data required by the center. |
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(b) The report required under Subsection (a) may be in the |
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form of a bill for services provided by the diagnostic imaging |
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provider in accordance with rules for filing a clean claim adopted |
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by the Texas Department of Insurance (28 TAC 21.2803), as those |
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rules existed on September 1, 2009. |
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(c) A report required by this section must be submitted to |
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the center in the format or method required by the Department of |
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State Health Services. |
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Sec. 113.072. PUBLIC INFORMATION. Information collected |
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under Section 113.071 shall be made available to the public. |
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Sec. 113.073. DISCIPLINARY ACTION. A diagnostic imaging |
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provider's failure to report information required by this |
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subchapter is grounds for disciplinary action, including the |
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imposition of an administrative penalty, by the licensing authority |
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that regulates the diagnostic imaging provider. |
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Sec. 113.074. EXPIRATION. This subchapter expires |
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September 1, 2010. |
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[Sections 113.075-113.150 reserved for expansion] |
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SUBCHAPTER C. CIVIL PENALTY |
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Sec. 113.151. CIVIL PENALTY. (a) A diagnostic imaging |
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provider that violates this chapter or rules adopted under this |
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chapter is subject to a civil penalty of not more than $1,000 for |
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each violation. |
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(b) The attorney general at the request of the center shall |
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bring an action to collect penalties under this section. In the |
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suit, the center and the attorney general each may recover |
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reasonable expenses incurred in obtaining the penalty, including |
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investigation and court costs and reasonable attorney's fees. |
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(c) Expenses recovered by the center under this section |
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shall be deposited in a separate account outside the state treasury |
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to be used by the center in the enforcement of this chapter. |
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SECTION 2. (a) The Department of State Health Services |
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shall conduct a study of the information required to be submitted to |
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the department under Subchapter B-1, Chapter 113, Occupations Code, |
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as added by this Act. |
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(b) In conducting the study, the department shall compare |
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the rates at which diagnostic imaging services were used by |
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physicians of the same specialty who have a financial interest in |
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the diagnostic imaging services prescribed for the patient's care |
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and those who do not have a financial interest in the prescribed |
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diagnostic imaging services. |
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(c) Not later than January 1, 2011, the department shall |
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submit a report regarding the study to the lieutenant governor and |
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the speaker of the house of representatives. |
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SECTION 3. (a) Not later than January 1, 2010, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the rules necessary to implement Chapter 113, |
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Occupations Code, as added by this Act. |
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(b) Notwithstanding Chapter 113, Occupations Code, as added |
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by this Act, a person is not required to hold a diagnostic imaging |
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facility certificate of registration to operate a diagnostic |
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imaging facility until March 1, 2010. |
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SECTION 4. Subchapter B-1, Chapter 113, Occupations Code, |
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as added by this Act, applies only to a referral or service that |
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occurs on or after the effective date of this Act. A referral or |
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service that occurs before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |