Bill Text: TX SB1692 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the provision of home dialysis care by a dialysis technician.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1692 Detail]
Download: Texas-2021-SB1692-Comm_Sub.html
Bill Title: Relating to the provision of home dialysis care by a dialysis technician.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1692 Detail]
Download: Texas-2021-SB1692-Comm_Sub.html
87R25987 JG-F | ||
By: Miles | S.B. No. 1692 | |
(Longoria) | ||
Substitute the following for S.B. No. 1692: No. |
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relating to licensing requirements to operate an end stage renal | ||
disease facility and the provision of home dialysis care by a | ||
dialysis technician. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 251.012, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The | ||
following facilities are not required to be licensed under this | ||
chapter: | ||
(1) a home and community support services agency that | ||
is licensed under Chapter 142 with a home dialysis designation and | ||
that: | ||
(A) has not more than five patients at any time as | ||
a total number of patients to whom the agency provides dialysis | ||
services; or | ||
(B) is certified by the Centers for Medicare and | ||
Medicaid Services as an end stage renal disease facility under | ||
Medicare; | ||
(2) a hospital licensed under Chapter 241 that | ||
provides dialysis only to individuals receiving: | ||
(A) inpatient services from the hospital; or | ||
(B) outpatient services due to a disaster | ||
declared by the governor or a federal disaster declared by the | ||
president of the United States occurring in this state or another | ||
state during the term of the disaster declaration; | ||
(3) a hospital operated by or on behalf of the state as | ||
part of the managed health care provider network established under | ||
Chapter 501, Government Code, that provides dialysis only to | ||
individuals receiving: | ||
(A) inpatient services from the hospital; or | ||
(B) outpatient services while serving a term of | ||
confinement in a facility operated by or under contract with the | ||
Texas Department of Criminal Justice; | ||
(4) an end stage renal disease facility operated by or | ||
on behalf of the state as part of the managed health care provider | ||
network established under Chapter 501, Government Code, that | ||
provides dialysis only to individuals receiving those services | ||
while serving a term of confinement in a facility operated by or | ||
under contract with the Texas Department of Criminal Justice; or | ||
(5) the office of a physician, other than an [ |
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facility, that: | ||
(A) has not more than five patients at any time as | ||
a total number of patients to whom the office provides dialysis | ||
services; or | ||
(B) is certified by the Centers for Medicare and | ||
Medicaid Services as an end stage renal disease facility under | ||
Medicare. | ||
SECTION 2. Subchapter C, Chapter 251, Health and Safety | ||
Code, is amended by adding Section 251.033 to read as follows: | ||
Sec. 251.033. PROVISION OF HOME DIALYSIS CARE IN NURSING | ||
FACILITIES. (a) A dialysis technician may provide home dialysis | ||
care in a nursing facility, including hemodialysis, only if: | ||
(1) the care is provided under the personal | ||
supervision of a registered nurse who is: | ||
(A) in compliance with all commission rules | ||
regarding training and competency for registered nurses to provide | ||
care at end stage renal disease facilities; and | ||
(B) employed by the same entity that employs the | ||
dialysis technician; and | ||
(2) the dialysis technician has complied with all | ||
commission rules regarding training and competency for dialysis | ||
technicians. | ||
(b) For purposes of this section, "personal supervision" | ||
means supervision of a dialysis technician by a registered nurse | ||
who is physically present in the room during the administration of | ||
dialysis services by the dialysis technician. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement | ||
Section 251.033, Health and Safety Code, as added by this Act. | ||
SECTION 4. This Act takes effect September 1, 2021. |