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A BILL TO BE ENTITLED
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AN ACT
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relating to prices charged by a medical staffing services agency |
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during a declared state of disaster; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Health and Safety Code, is |
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amended by adding Chapter 81B to read as follows: |
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CHAPTER 81B. PRICE GOUGING OF MEDICAL STAFFING SERVICES DURING |
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DECLARED STATE OF DISASTER |
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Sec. 81B.001. DEFINITION. In this chapter, "designated |
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disaster period" means the period: |
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(1) beginning on the earlier of: |
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(A) the date: |
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(i) the governor issues a proclamation or |
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executive order declaring a state of disaster for any area of this |
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state; or |
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(ii) the president of the United States |
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declares a state of disaster that includes an area of this state as |
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part of the federally declared disaster area; or |
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(B) the date a disaster described by Paragraph |
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(A) occurs; and |
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(2) ending on the 30th day after the date the disaster |
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declaration expires or is terminated. |
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Sec. 81B.002. APPLICABILITY. This chapter applies only to |
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a medical staffing services agency that provides the following |
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health care professionals to fill vacancies or address temporary |
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staffing needs during a designated disaster period: |
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(1) physician assistants licensed under Chapter 204, |
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Occupations Code; |
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(2) surgical assistants licensed under Chapter 206, |
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Occupations Code; or |
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(3) nurses licensed under Chapter 301, Occupations |
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Code. |
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Sec. 81B.003. PROHIBITED PRICE GOUGING DURING DECLARED |
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STATE OF DISASTER. During a designated disaster period, a medical |
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staffing services agency to which this chapter applies may not |
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charge an exorbitant or excessive price to provide medical staffing |
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services to a health care organization or other entity in this state |
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in an area subject to a declared state of disaster. |
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Sec. 81B.004. CIVIL PENALTY. (a) A medical staffing |
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services agency that violates this chapter is subject to a civil |
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penalty in an amount not to exceed $1,000 for each violation. |
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(b) The attorney general may bring an action in the name of |
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the state to recover a civil penalty under this section. |
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(c) The attorney general may recover reasonable expenses |
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incurred in obtaining a civil penalty under this section, including |
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court costs, reasonable attorney's fees, expert witness fees, |
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deposition expenses, and investigatory costs. |
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SECTION 2. The changes in law made by this Act apply only to |
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an act that occurs on or after the effective date of this Act. An |
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act that occurs before the effective date of this Act is governed by |
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the law in effect on the date the act occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |