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.