83R5892 SCL-D
 
  By: Deuell S.B. No. 413
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to medical care and public health services provided by a
  health care professional in a licensed freestanding emergency
  medical care facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 254, Health and Safety
  Code, is amended by adding Section 254.002 to read as follows:
         Sec. 254.002.  APPLICABILITY OF CHAPTER; LIMITATIONS ON
  FACILITY FEES AND RULEMAKING AUTHORITY.  (a)  This chapter may not
  be construed as prohibiting a licensed health care professional in
  a freestanding emergency medical care facility licensed under this
  chapter from providing at the time emergency care is provided
  medical care 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.  The health care
  professional may charge a facility fee for the medical care or
  public health service provided to a patient only if the care or
  service is provided:
               (1)  as part of the emergency care provided to the
  patient; or
               (2)  at the time nonrelated emergency care is provided
  to the patient.
         (b)  The executive commissioner may not adopt a rule under
  Section 254.151(a) that conflicts with Subsection (a).
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.