HBA-JRA C.S.H.B. 885 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 885 By: Tillery Public Health 4/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE C.S.H.B. 885 authorizes only properly credentialed or supervised health care providers or individuals with necessary information to be present in an operating room during a medical procedure without the consent of the patient. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter E, Chapter 241, Health and Safety Code, by adding Section 241.105, as follows: Sec. 241.105. PERSONNEL IN HOSPITAL OPERATING ROOM. Authorizes only a properly credentialed health care provider, a medical, nursing, or other health care student working under the supervision of a licensed physician or other appropriately licensed health care provider, and an individual who has information that is necessary to treat the patient to be present in an operating room during a medical procedure. Provides an exception for nonmedical personnel with authorization from the patient or other person legally authorized to consent to medical treatment on the patient's behalf. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 (proposed Section 241.105, Health and Safety Code) by providing that the properly credentialed health care provider may be credentialed by the hospital where the procedure is being performed. The original required the health care provider to be credentialed by the state. The substitute includes a nursing or other health care student among those who are authorized to be present in an operating room if working under proper supervision and includes another appropriately licensed health care provider among those who qualify as appropriate supervisors. The substitute also includes a person necessary in an emergency situation among those who are authorized to be present. Additionally, the substitute removes the requirement that the consent authorizing nonmedical personnel to be present be a written form signed by the patient or a person legally authorized to act on the patient's behalf.