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  S.B. No. 1832
 
AN ACT
relating to the billing of anatomic pathology services; providing
penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subtitle B, Title 3, Occupations Code, is
amended by adding Chapter 166 to read as follows:
CHAPTER 166. BILLING OF ANATOMIC PATHOLOGY SERVICES
       Sec. 166.001.  DEFINITION. In this chapter, "anatomic
pathology services" means:
             (1)  histopathology or surgical pathology, which is the
gross and microscopic examination and histologic processing of
organ tissue performed by a physician or under the supervision of a
physician;
             (2)  cytopathology, which is the microscopic
examination of cells from the following:
                   (A)  fluids;
                   (B)  aspirates;
                   (C)  washings;
                   (D)  brushings; or
                   (E)  smears, including a Pap smear, performed by a
physician or under the supervision of a physician;
             (3)  hematology, which is the microscopic evaluation of
bone marrow aspirates and biopsies performed by a physician, or
under the supervision of a physician, and peripheral blood smears
when the attending or treating physician or technologist requests
that a blood smear be reviewed by a pathologist;
             (4)  sub-cellular pathology and molecular pathology;
or
             (5)  a blood-banking service performed by a
pathologist.
       Sec. 166.002.  ANATOMIC PATHOLOGY BILLING.  Notwithstanding
any other law, a person, including a physician and an entity,
violates this subtitle and is subject to disciplinary action and
penalties under this subtitle if the person:
             (1)  does not directly supervise or perform anatomic
pathology services for a patient; and
             (2)  fails to disclose in the bill presented by the
person to the patient or the insurer or other third party payor, or
in an itemized statement to the patient:
                   (A)  the name and address of the physician or
laboratory that provided the anatomic pathology services; and
                   (B)  the net amount paid or to be paid for each
anatomic pathology service provided to the patient by the physician
or laboratory.
       SECTION 2.  Chapter 166, Occupations Code, as added by this
Act, applies only to anatomic pathology services performed on or
after the effective date of this Act.
       SECTION 3.  The Texas Medical Board may adopt rules
necessary to implement Chapter 166, Occupations Code, as added by
this Act.
       SECTION 4.  This Act takes effect September 1, 2007.
____________________________________________________________
President of the Senate             Speaker of the House
       I hereby certify that S.B. No. 1832 passed the Senate on
April 25, 2007, by the following vote:  Yeas 29, Nays 0.
______________________________ 
   Secretary of the Senate
       I hereby certify that S.B. No. 1832 passed the House on
May 4, 2007, by the following vote:  Yeas 141, Nays 0, one present
not voting.
______________________________ 
   Chief Clerk of the House
Approved:
______________________________ 
______________________________ 
            Date
______________________________ 
______________________________ 
          Governor