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A BILL TO BE ENTITLED
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AN ACT
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relating to the identification requirements for health |
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professionals associated with certain health facilities; |
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authorizing administrative and civil 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 4, Health and Safety Code, is |
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amended by adding Chapter 226 to read as follows: |
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CHAPTER 226. REGULATION OF CERTAIN HEALTH FACILITIES |
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Sec. 226.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Health facility" means: |
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(A) a freestanding emergency medical care |
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facility licensed under Chapter 254; and |
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(B) an urgent care clinic. |
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(3) "Health professional" means: |
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(A) a physician; |
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(B) a physician assistant; or |
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(C) a nurse, including an advanced practice |
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registered nurse. |
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(4) "Urgent care clinic" means a facility providing |
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health care that: |
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(A) provides episodic ambulatory health care to |
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individuals outside of a hospital emergency room setting; |
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(B) does not require an individual to make an |
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appointment; |
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(C) provides some services typically provided in |
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a primary care physician's office; and |
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(D) treats individuals requiring treatment of an |
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illness or injury that requires immediate care but is not |
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life-threatening. |
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Sec. 226.002. PHOTO IDENTIFICATION BADGE REQUIRED. (a) A |
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health facility shall adopt a policy requiring a health |
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professional providing direct patient care at the facility to wear |
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a photo identification badge during all patient encounters, unless |
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precluded by adopted isolation or sterilization protocols. The |
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badge must be of sufficient size, be prominently worn and clearly |
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visible, and state: |
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(1) at a minimum the professional's first or last name; |
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(2) the department of the facility with which the |
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professional is associated; |
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(3) the type of any license held by the professional |
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under Title 3, Occupations Code; and |
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(4) if applicable, the professional's status as a |
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student, intern, trainee, or resident. |
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(b) For purposes of Subsection (a)(3), the identification |
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badge of a health professional licensed under Title 3, Occupations |
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Code, must clearly state: |
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(1) "physician" for a professional who holds a license |
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under Subtitle B of that title; |
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(2) "physician assistant" for a professional who holds |
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a license under Chapter 204, Occupations Code; and |
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(3) "nurse" or "advanced practice registered nurse," |
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as applicable, for a professional who holds a license under |
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Subtitle E, Title 3, Occupations Code. |
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Sec. 226.003. ADMINISTRATIVE PENALTY. (a) The commission |
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may impose an administrative penalty on a freestanding emergency |
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medical care facility that violates this chapter. |
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(b) The amount of the penalty imposed may not exceed $1,000 |
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for each violation, and each day a violation continues or occurs is |
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a separate violation for the purpose of imposing a penalty. The |
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amount shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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(4) the efforts to correct the violation; and |
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(5) any other matter that justice may require. |
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(c) The enforcement of the penalty may be stayed during the |
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time the order is under judicial review if the person pays the |
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penalty to the clerk of the court or files a supersedeas bond with |
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the court in the amount of the penalty. A person who cannot afford |
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to pay the penalty or file the bond may stay the enforcement by |
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filing an affidavit in the manner required by the Texas Rules of |
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Civil Procedure for a party who cannot afford to file security for |
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costs, subject to the right of the commission to contest the |
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affidavit as provided by those rules. |
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(d) The attorney general may sue to collect the penalty. |
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The attorney general and the commission may recover reasonable |
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expenses incurred in obtaining relief under this section, including |
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court costs, reasonable attorney's fees, investigation costs, |
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witness fees, and deposition expenses. |
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(e) A proceeding to impose the penalty is considered to be a |
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contested case under Chapter 2001, Government Code. |
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Sec. 226.004. CIVIL PENALTY. (a) A health facility that |
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violates this chapter is liable for a civil penalty of not more than |
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$1,000 for each violation. Each day of a continuing violation |
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constitutes a separate ground for recovery. |
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(b) On request by the commission, the attorney general may |
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institute an action in a district court to collect a civil penalty |
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under this section. The attorney general and the commission may |
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recover reasonable expenses incurred in obtaining relief under this |
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section, including court costs, reasonable attorney's fees, |
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investigation costs, witness fees, and deposition expenses. |
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SECTION 2. This Act takes effect September 1, 2021. |