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AN ACT
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relating to regulation by the Texas Medical Board of local |
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anesthesia and peripheral nerve blocks administered in an |
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outpatient setting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 162.103, Occupations Code, is amended to |
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read as follows: |
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Sec. 162.103. APPLICABILITY. Rules adopted by the board |
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under this subchapter do not apply to: |
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(1) an outpatient setting in which only local |
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anesthesia, peripheral nerve blocks, or both are used in a total |
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dosage amount that does not exceed 50 percent of the recommended |
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maximum safe dosage per outpatient visit; |
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(2) a licensed hospital, including an outpatient |
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facility of the hospital that is located separate from the |
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hospital; |
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(3) a licensed ambulatory surgical center; |
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(4) a clinic located on land recognized as tribal land |
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by the federal government and maintained or operated by a federally |
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recognized Indian tribe or tribal organization as listed by the |
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United States secretary of the interior under 25 U.S.C. Section |
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479a-1 or as listed under a successor federal statute or |
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regulation; |
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(5) a facility maintained or operated by a state or |
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local governmental entity; |
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(6) a clinic directly maintained or operated by the |
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United States; or |
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(7) an outpatient setting accredited by: |
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(A) The [the] Joint Commission [on Accreditation
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of Healthcare Organizations] relating to ambulatory surgical |
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centers; |
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(B) the American Association for [the] |
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Accreditation of Ambulatory Surgery Facilities; or |
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(C) the Accreditation Association for Ambulatory |
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Health Care. |
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SECTION 2. The change in law made by this Act to Section |
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162.103, Occupations Code, and rules adopted by the Texas Medical |
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Board under Subchapter C, Chapter 162, Occupations Code, apply only |
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to an outpatient setting in which only local anesthesia, peripheral |
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nerve blocks, or both are used on or after the effective date of |
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this Act. An outpatient setting in which only local anesthesia, |
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peripheral nerve blocks, or both are used before the effective date |
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of this Act is governed by the law in effect on the date the local |
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anesthesia, peripheral nerve blocks, or both are used, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 978 passed the Senate on |
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April 18, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 978 passed the House on |
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May 20, 2013, by the following vote: Yeas 116, Nays 31, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |