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) 2021-03-01 - Referred to Public Health [HB651 Detail]

Download: Texas-2021-HB651-Introduced.html
  87R603 SRA-D
 
  By: Raymond H.B. No. 651
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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