Bill Text: TX HB651 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to regulation of hyperbaric medical treatment at a physician's office; requiring an occupational certificate; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-01 - Referred to Public Health [HB651 Detail]
Download: Texas-2021-HB651-Introduced.html
87R603 SRA-D | ||
By: Raymond | H.B. No. 651 |
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relating to regulation of hyperbaric medical treatment at a | ||
physician's office; requiring an occupational certificate; | ||
authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle G, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 147 to read as follows: | ||
CHAPTER 147. HYPERBARIC MEDICAL TREATMENT | ||
Sec. 147.0001. DEFINITION. In this chapter, "hyperbaric | ||
medical treatment" means treatment for a medical condition using a | ||
hyperbaric chamber or hyperbaric oxygen device approved by the | ||
United States Food and Drug Administration. | ||
Sec. 147.0002. APPLICABILITY OF CHAPTER. (a) This chapter | ||
applies only to hyperbaric medical treatment provided at an office | ||
of a physician licensed to practice medicine in this state. | ||
(b) This chapter does not apply to hyperbaric medical | ||
treatment provided at a health care facility other than a | ||
physician's office. | ||
Sec. 147.0003. CERTIFICATE REQUIRED. A person may not | ||
operate a physician's office that provides or offers to provide | ||
hyperbaric medical treatment unless the person holds a certificate | ||
of registration issued under this chapter. | ||
Sec. 147.0004. CERTIFICATE APPLICATION AND ISSUANCE; FEE. | ||
(a) A person may submit to the commission in the form and manner | ||
prescribed by commission rule an application for a certificate of | ||
registration to provide hyperbaric medical treatment under this | ||
chapter. | ||
(b) The executive commissioner by rule shall set an | ||
application fee in an amount necessary to cover the commission's | ||
costs in administering this chapter. | ||
(c) The commission shall issue a certificate of | ||
registration under this chapter to a person who submits a completed | ||
application under Subsection (a) and the fee required under | ||
Subsection (b) and complies with this chapter and rules adopted | ||
under this chapter. | ||
Sec. 147.0005. REGULATION OF TREATMENT. (a) The executive | ||
commissioner by rule shall prescribe minimum standards for | ||
hyperbaric medical treatment to ensure: | ||
(1) the safety of patients; and | ||
(2) that only eligible patients receive treatment. | ||
(b) The minimum standards described by Subsection (a) must | ||
include: | ||
(1) standards for the site of hyperbaric medical | ||
treatment; and | ||
(2) personnel requirements, including training, | ||
credentialing, and competency requirements. | ||
Sec. 147.0006. INSPECTION. (a) The commission and | ||
appropriate fire marshals may conduct an inspection of a | ||
certificate holder to determine compliance with this chapter and | ||
rules adopted under this chapter. | ||
(b) In a commission inspection, the commission shall | ||
inspect the certificate holder's installation of oxygen used in | ||
hyperbaric medical treatment. | ||
Sec. 147.0007. ENFORCEMENT. A person who violates this | ||
chapter is subject to disciplinary action by the commission or the | ||
Texas Medical Board, as appropriate. | ||
Sec. 147.0008. RULES. The executive commissioner and the | ||
Texas Medical Board shall adopt the rules necessary to implement | ||
and enforce this chapter. | ||
SECTION 2. (a) Not later than January 1, 2022, the executive | ||
commissioner of the Health and Human Services Commission and the | ||
Texas Medical Board shall adopt rules necessary to implement | ||
Chapter 147, Health and Safety Code, as added by this Act. | ||
(b) A person is not required to comply with Chapter 147, | ||
Health and Safety Code, as added by this Act, until January 1, 2022. | ||
SECTION 3. This Act takes effect September 1, 2021. |