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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of hyperbaric medical treatment at a |
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physician's office; requiring an occupational certificate; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 2, Health and Safety Code, is |
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amended by adding Chapter 147 to read as follows: |
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CHAPTER 147. HYPERBARIC MEDICAL TREATMENT |
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Sec. 147.0001. DEFINITION. In this chapter, "hyperbaric |
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medical treatment" means treatment for a medical condition using a |
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hyperbaric chamber or hyperbaric oxygen device approved by the |
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United States Food and Drug Administration. |
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Sec. 147.0002. APPLICABILITY OF CHAPTER. (a) This chapter |
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applies only to hyperbaric medical treatment provided at an office |
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of a physician licensed to practice medicine in this state. |
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(b) This chapter does not apply to hyperbaric medical |
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treatment provided at a health care facility other than a |
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physician's office. |
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Sec. 147.0003. CERTIFICATE REQUIRED. A person may not |
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operate a physician's office that provides or offers to provide |
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hyperbaric medical treatment unless the person holds a certificate |
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of registration issued under this chapter. |
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Sec. 147.0004. CERTIFICATE APPLICATION AND ISSUANCE; FEE. |
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(a) A person may submit to the commission in the form and manner |
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prescribed by commission rule an application for a certificate of |
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registration to provide hyperbaric medical treatment under this |
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chapter. |
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(b) The executive commissioner by rule shall set an |
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application fee in an amount necessary to cover the commission's |
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costs in administering this chapter. |
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(c) The commission shall issue a certificate of |
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registration under this chapter to a person who submits a completed |
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application under Subsection (a) and the fee required under |
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Subsection (b) and complies with this chapter and rules adopted |
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under this chapter. |
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Sec. 147.0005. REGULATION OF TREATMENT. (a) The executive |
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commissioner by rule shall prescribe minimum standards for |
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hyperbaric medical treatment to ensure: |
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(1) the safety of patients; and |
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(2) that only eligible patients receive treatment. |
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(b) The minimum standards described by Subsection (a) must |
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include: |
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(1) standards for the site of hyperbaric medical |
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treatment; and |
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(2) personnel requirements, including training, |
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credentialing, and competency requirements. |
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Sec. 147.0006. INSPECTION. (a) The commission and |
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appropriate fire marshals may conduct an inspection of a |
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certificate holder to determine compliance with this chapter and |
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rules adopted under this chapter. |
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(b) In a commission inspection, the commission shall |
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inspect the certificate holder's installation of oxygen used in |
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hyperbaric medical treatment. |
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Sec. 147.0007. ENFORCEMENT. A person who violates this |
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chapter is subject to disciplinary action by the commission or the |
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Texas Medical Board, as appropriate. |
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Sec. 147.0008. RULES. The executive commissioner and the |
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Texas Medical Board shall adopt the rules necessary to implement |
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and enforce this chapter. |
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SECTION 2. (a) Not later than January 1, 2020, the |
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executive commissioner of the Health and Human Services Commission |
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and the Texas Medical Board shall adopt rules necessary to |
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implement Chapter 147, Health and Safety Code, as added by this Act. |
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(b) A person is not required to comply with Chapter 147, |
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Health and Safety Code, as added by this Act, until January 1, 2020. |
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SECTION 3. This Act takes effect September 1, 2019. |