AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Legislation enacted by the 81st Legislature led to the licensing of freestanding emergency medical care facilities by the Department of State Health Services (DSHS). These facilities meet the emergency medical care needs of the state's growing population. In addition to offering high quality and efficient care in convenient neighborhood locations, freestanding emergency medical care facilities are capable of providing services to patients that they may have a difficult time finding in their primary care physician's office or even at a hospital.
DSHS's freestanding emergency medical care facility rules currently limit the scope of services provided in these facilities to those that are defined as purely "emergency services." Emergency departments in licensed hospitals are not subject to such a restriction. An increasing number of physician's offices are no longer offering certain types of vaccinations due to low volume and reimbursement factors. Freestanding emergency medical care facilities are positioned to offer many types of vaccines. Furthermore, some freestanding emergency medical care facilities are able to administer intravenous injections for cancer patients who either do not have a primary care provider or who have a primary care provider who lacks the proper equipment to administer the injections.
C.S.S.B. 1206 amends current law relating to medical care and public health services provided by a health care professional in a licensed freestanding emergency medical care facility.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 254, Health and Safety Code, as added by Chapter 1273 (H.B. 1357), Acts of the 81st Legislature, Regular Session, 2009, by adding Section 254.002, as follows:
Sec. 254.002. APPLICABILITY OF CHAPTER; LIMITATION ON RULEMAKING AUTHORITY. (a) Prohibits this chapter from being construed as prohibiting a licensed health care professional from providing in a freestanding emergency medical care facility licensed under this chapter medical care provided at the time emergency care is provided, or public health services, that are within the scope of the health care professional's license and that are not required to be provided in another facility under other law.
(b) Prohibits the executive commissioner of the Health and Human Services Commission (executive commissioner), in adopting rules under Section 254.151(a) (requiring the executive commissioner to adopt rules necessary to implement this chapter, including certain minimum standards), from adopting a rule that conflicts with Subsection (a).
SECTION 2. Effective date: upon passage or September 1, 2011.