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A BILL TO BE ENTITLED
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AN ACT
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relating to medical care and public health services provided by a |
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health care professional in a licensed freestanding emergency |
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medical care facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 254, Health and Safety |
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Code, as added by Chapter 1273 (H.B. 1357), Acts of the 81st |
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Legislature, Regular Session, 2009, is amended by adding Section |
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254.002 to read as follows: |
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Sec. 254.002. APPLICABILITY OF CHAPTER; LIMITATIONS ON |
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FACILITY FEES AND RULEMAKING AUTHORITY. (a) This chapter may not |
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be construed as prohibiting a licensed health care professional |
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from providing in a freestanding emergency medical care facility |
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licensed under this chapter medical care provided at the time |
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emergency care is provided, or public health services, that are |
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within the scope of the health care professional's license and that |
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are not required to be provided in another facility under other law. |
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The health care professional may charge a facility fee for the |
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medical care or public health service provided to a patient only if |
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the care or service is provided: |
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(1) as part of the emergency care provided to the |
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patient; or |
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(2) at the time nonrelated emergency care is provided |
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to the patient. |
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(b) In adopting rules under Section 254.151(a), the |
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executive commissioner may not adopt a rule that conflicts with |
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Subsection (a). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |