Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

08/22/2005 - 08/24/2005

 

Legislative Movement

 

 

California A.B. 354

Category:

Medical Records Privacy

 

Last Action:

08/23/2005 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

 

Synopsis:

As amended on August 18, 2005. Telemedicine. Existing law, the Medical Practice Act, regulates the practice of telemedicine, defined as the practice of health care delivery, diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video, or data communications. This bill would, commencing July 1, 2006, and until January 1, 2009, authorize under the medi-cal program, to the extent that federal financial participation is available, "teleophthalmology and teledermatology by store and forward," as defined. The bill would require the State Department of Health Services to, on or before January 1, 2008, report to the Legislature specified information regarding store and forward telemedicine provided under this provision as a Medi-Cal benefit. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: No.

 

Additional Information:

Language as Amended on August 18, 2005:

 

SECTION 1. SECTION 14132.725 IS ADDED TO THE WELFARE AND INSTITUTIONS CODE , TO READ:

 

14132.725. (A) COMMENCING JULY 1, 2006, TO THE EXTENT THAT FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE, FACE-TO-FACE CONTACT BETWEEN A HEALTH CARE PROVIDER AND A PATIENT SHALL NOT BE REQUIRED UNDER THE MEDI-CAL PROGRAM FOR TELEOPHTHALMOLOGY AND TELEDERMATOLOGY BY STORE AND FORWARD. SERVICES APPROPRIATELY PROVIDED THROUGH THIS STORE AND FORWARD PROCESS ARE SUBJECT TO BILLING AND REIMBURSEMENT POLICIES DEVELOPED BY THE DEPARTMENT.

 

(B) FOR PURPOSES OF THIS SECTION, "TELEOPHTHALMOLOGY AND TELEDERMATOLOGY BY STORE AND FORWARD" MEANS AN ASYNCHRONOUS TRANSMISSION OF MEDICAL INFORMATION TO BE REVIEWED AT A LATER TIME BY A PHYSICIAN AT A DISTANT SITE WHO IS TRAINED IN OPHTHALMOLOGY OR DERMATOLOGY, WHERE THE PHYSICIAN AT THE DISTANT SITE REVIEWS THE MEDICAL INFORMATION WITHOUT THE PATIENT BEING PRESENT IN REAL TIME.

 

(C) NOTWITHSTANDING CHAPTER 3.5 (COMMENCING WITH SECTION 11340) OF PART 1 OF DIVISION 3 OF TITLE 2 OF THE GOVERNMENT CODE, THE DEPARTMENT MAY IMPLEMENT, INTERPRET, AND MAKE SPECIFIC THIS SECTION BY MEANS OF ALL COUNTY LETTERS, PROVIDER BULLETINS, AND SIMILAR INSTRUCTIONS.

 

(D) ON OR BEFORE JANUARY 1, 2008, THE DEPARTMENT SHALL REPORT TO THE LEGISLATURE THE NUMBER AND TYPE OF SERVICES PROVIDED, AND THE PAYMENTS MADE RELATED TO THE APPLICATION OF STORE AND FORWARD TELEMEDICINE AS PROVIDED, UNDER THIS SECTION AS A MEDI-CAL BENEFIT.

 

(E) THIS SECTION SHALL REMAIN IN EFFECT ONLY UNTIL JANUARY 1, 2009, AND AS OF THAT DATE IS REPEALED, UNLESS A LATER ENACTED STATUTE, THAT IS ENACTED BEFORE JANUARY 1, 2009, DELETES OR EXTENDS THAT DATE.

 

Status:

02/10/2005 Read first time.

02/22/2005 Referred to Committee on Business and Professions

04/20/2005 From committee: Do pass, and re-refer to Committee on Appropriations Re-referred. (Ayes 10. Noes 0.) (April 19).

05/05/2005 From committee chair, with author's amendments: Amend, and re-refer to Committee on Appropriations Read second time and amended.

05/09/2005 Re-referred to Committee on Appropriations

05/12/2005 From committee: Amend, and do pass as amended. To Consent Calendar. (May 11).

05/16/2005 Read second time and amended. Ordered returned to second reading.

05/17/2005 Read second time. To Consent Calendar.

05/19/2005 In Senate. Read first time. To Committee on Rules for assignment.; Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 74. Noes 0. Page 1637.)

05/26/2005 Referred to Committees on HEALTH and B., P. & E.D.

06/09/2005 From committee: Do pass, and re-refer to Committee on B., P. & E.D. Re-referred. (Ayes 9. Noes 0.).

06/20/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on B., P. & E.D.

06/22/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on B., P. & E.D.

06/28/2005 From committee: Do pass, and re-refer to Committee on Appropriations Re-referred. (Ayes 6. Noes 0.).

08/18/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on Appropriations

08/23/2005 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

 

Sponsor:

David 'Dave' Cogdill (R-Minority)

 

 

 

California A.B. 1517

Category:

Medical Records Privacy

 

Last Action:

08/23/2005 Read third time, passed, and to Assembly. (Ayes 37. Noes 0.); In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

 

Synopsis:

As amended on August 17, 2005: Existing law authorizes the Department of Motor Vehicles to require fingerprint images and associated information from any employee or prospective employee whose duties include or would include access to certain confidential information, access to cash or checks, responsibility with respect to a critical automated system, or making decisions regarding licenses and other matters. This bill would require the Department of Managed Health Care to require fingerprint images and associated information from any prospective employee whose duties would include access to medical information. This bill would require the department to require that any services contract or interagency agreement that may include review of medical information for compliance with the Knox-Keene Health Care Service Plan Act of 1975 and entered into, renewed, or amended after January 1, 2006, include a provision requiring the contractor to agree to permit the department to run criminal background checks on its employees, contractors, agents, or subcontractors who will have access to this information. This bill would authorize those fingerprint images and associated information to be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and arrests, as specified. The bill would authorize the Department of Justice to assess a fee sufficient to cover the processing costs for providing that information.

 

Status:

02/22/2005 Read first time.

03/14/2005 Referred to Committee on Public Safety

04/19/2005 In committee: Set, first hearing. Hearing canceled at the request of author.

04/28/2005 From committee: Amend, and do pass as amended, and re-refer to Committee on Appropriations (Ayes 6. Noes 0.) (April 26).

05/02/2005 Read second time and amended.

05/03/2005 Re-referred to Committee on Appropriations

05/12/2005 From committee: Do pass. To Consent Calendar. (May 11).

05/16/2005 Read second time. To Consent Calendar.

05/19/2005 From Consent Calendar. To third reading.

05/23/2005 Read third time, passed, and to Senate. (Ayes 42. Noes 27. Page 1679.); In Senate. Read first time. To Committee on Rules for assignment.

06/02/2005 Referred to Committee on Public Safety

06/15/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on Public Safety

06/29/2005 From committee: Amend, do pass as amended, and re-refer to Committee on Appropriations (Ayes 7. Noes 0.).

06/30/2005 Read second time, amended, and re-referred to Committee on Appropriations

08/16/2005 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

08/17/2005 Read second time. To third reading.; Read third time, amended. To second reading.

08/18/2005 Read second time. To third reading.

08/23/2005 Read third time, passed, and to Assembly. (Ayes 37. Noes 0.); In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

 

Sponsor:

Sharon Y. Runner (R-Majority)

 

 

 

California A.B. 1672

Category:

Medical Records Privacy

 

Last Action:

08/23/2005 From committee chair, with author's amendments: Amend, and re-refer to Committee on Appropriations Read second time and amended.

 

Synopsis:

Requires health facilities, health insurers, and health care service plans to record all health care information they obtain in an electronic recordkeeping system. Makes health facilities and practitioners eligible for an increase in the amount of their Medi-Cal reimbursement upon complete implementation of the electronic recordkeeping system. Requires the Department of Managed health Care to develop standards for the electronic recordkeeping system.

 

Additional Information:

AB 1672, as amended on May 3, 2005, Nation. Electronic recordkeeping systems.

 

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a violation of the act a crime. Existing law also provides for the licensure and regulation of health insurers by the Department of Insurance and for the licensure and regulation of health facilities by the State Department of Health Services, other than psychiatric health facilities, which are licensed by the State Department of Mental Health. Under existing law, a violation of the provisions regulating health facilities is a crime.

 

This bill would require, before January 1, 2010, health facilities, health insurers, and health care service plans to record all health care information, as defined, they obtain in an electronic recordkeeping system. The bill would also impose this requirement on healing arts practitioners but would delay their compliance date to January 1, 2012. The bill would make health facilities and practitioners eligible for an increase in the amount of their Medi-Cal reimbursement upon complete implementation of the electronic recordkeeping system. The bill would require the STATE Department of Managed Health Care HEALTH SERVICES to develop standards before January 1, 2007, for the electronic recordkeeping system. The bill would create the California Patient Safety and Information Technology Fund that would be administered by the State Department of Health Services and would authorize the department to allocate revenue in the fund, upon appropriation by the Legislature, for financial assistance in developing electronic recordkeeping systems.

 

Because the bill would specify additional requirements for health facilities and health care service plans, the violation of which would be a crime, the bill would impose a state-mandated local program.

 

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

 

This bill would provide that no reimbursement is required by this act for a specified reason.

 

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

 

Status:

02/22/2005 Read first time.

03/30/2005 Referred to Committee on HEALTH.

05/02/2005 From committee: Amend, and do pass as amended, and re-refer to Committee on Appropriations (Ayes 11. Noes 0.) (April 26).

05/03/2005 Read second time and amended.

05/04/2005 Re-referred to Committee on Appropriations

05/18/2005 In committee: Set, first hearing. Referred to Appropriations suspense file.

05/25/2005 In committee: Set, second hearing. Held under submission.

08/23/2005 From committee chair, with author's amendments: Amend, and re-refer to Committee on Appropriations Read second time and amended.

 

Sponsor Information:

Joseph 'Joe' Nation (D-Majority)

 

Sponsor:

Nation

 

 

 

Illinois H.B. 2345

Category:

Medical Records Privacy

 

Last Action:

08/22/2005 In House; Governor Approved; Public Act . . . . . . . . . 94-0646

 

Synopsis:

Creates the Electronic Health Records Taskforce Act. Establishes the Electronic Health Records Taskforce to create a plan for the development and utilization of electronic health records (EHR) in the State in order to improve the quality of patient care, increase the efficiency of health care practice, improve safety, and reduce health care errors. Sets forth certain elements that the plan shall include. Effective immediately. Provides that the EHR Taskforce shall be convened by the Department of Public Health, in coordination with the Department of Public Aid and the Department of Human Services (rather than just in coordination with the Department of Public Aid). Provides that the Taskforce shall prepare and submit a report on the EHR plan to the General Assembly by December 31, 2006.

 

Additional Information:

Language as Enacted on August 22, 2005:

 

Section 1. Short title. This Act may be cited as the Electronic Health Records Taskforce Act.

 

Section 5. Electronic Health Records Taskforce established. There is hereby created the Electronic Health Records Taskforce, hereinafter referred to as the EHR Taskforce. The EHR Taskforce shall be convened by the Department of Public Health, in coordination with the Department of Public Aid and the Department of Human Services.

 

Section 10. Taskforce duties; membership.

 

(a) The EHR Taskforce shall create a plan for the development and utilization of electronic health records (EHR) in the State in order to improve the quality of patient care, increase the efficiency of health care practice, improve safety, and reduce health care errors. The EHR plan shall provide policy guidance for application for federal, State, or private grants to phase in utilization of EHR by health care providers.

 

(b) The Taskforce shall include representatives of physicians, hospitals, pharmacies and long-term health care facilities, academic health care centers, payors, patients and consumers, and information technology providers.

 

(c) The Taskforce shall prepare and submit a report on the EHR plan to the General Assembly by December 31, 2006.

 

Section 15. EHR plan. The EHR plan shall include, but not be limited to, a consideration of all of the following:

 

(1) key components of and standards for comprehensive EHR systems for recording, storing, analyzing and accessing patient health information, assisting with health care decision-making and quality assurance, and providing for online health care;

 

(2) consistent data elements, definitions, and formats that should be incorporated in EHR systems;

 

(3) analysis of costs and benefits in implementing EHR by various types and sizes of health care providers;

 

(4) survey of equipment, technical assistance, and resources that would be necessary to assist smaller health care providers with EHR implementation and utilization;

 

(5) standards, technology platforms, and issues related to patient access to their individual medical and health data;

 

(6) a potential phase-in plan for implementing EHR by health care providers throughout Illinois; and

 

(7) patient privacy, security, and compliance with applicable rules set forth in the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).

 

Section 99. Effective date. This Act takes effect upon becoming law.

 

Status:

02/16/2005 In House; Filed; Chief Co-Sponsor Rep. Elizabeth Coulson; First Reading; Referred to Rules Committee

02/17/2005 In House; Assigned to Human Services Committee

02/18/2005 In House; Added Chief Co-Sponsor Rep. Sidney H. Mathias; Added Chief Co-Sponsor Rep. Paul D. Froehlich

02/24/2005 In House; House Amendment No. 1 Filed; House Amendment No. 1 Adopted in Human Services Committee ; by Voice Vote; Do Pass as Amended / Short Debate Human Services Committee ; 012-000-000

02/25/2005 In House; Placed on Calendar 2nd Reading - Short Debate

03/02/2005 In House; Added Co-Sponsor Rep. Mike Boland

03/03/2005 In House; Second Reading - Short Debate; Placed on Calendar Order of 3rd Reading - Short Debate

03/10/2005 In House; Third Reading - Short Debate - Passed 112-000-000; Added Chief Co-Sponsor Rep. Sara Feigenholtz; Added Co-Sponsor Rep. Mary E. Flowers; Added Co-Sponsor Rep. Richard T. Bradley; Added Co-Sponsor Rep. Careen M Gordon; Added Co-Sponsor Rep. Elaine Nekritz; Added Co-Sponsor Rep. Karen May; Added Co-Sponsor Rep. Cynthia Soto; Added Co-Sponsor Rep. William Davis; Added Co-Sponsor Rep. Constance A. Howard

03/15/2005 In Senate; Arrive in Senate; Placed on Calendar Order of First Reading March 16, 2005; Chief Senate Sponsor Sen. William R. Haine; First Reading; Referred to Rules

03/18/2005 In Senate; Added as Alternate Chief Co-Sponsor Sen. Steven J. Rauschenberger

03/30/2005 In Senate; Added as Alternate Chief Co-Sponsor Sen. Jeffrey M. Schoenberg

04/13/2005 In Senate; Assigned to Health & Human Services

04/20/2005 In Senate; Postponed - Health & Human Services

05/05/2005 In Senate; Do Pass Health & Human Services ; 009-000-000; Placed on Calendar Order of 2nd Reading May 10, 2005; Senate Floor Amendment No. 1 Filed; Senate Floor Amendment No. 1 Referred to Rules

05/10/2005 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading May 11, 2005

05/16/2005 In Senate; Senate Floor Amendment No. 1 Rules Refers to Health & Human Services

05/18/2005 In Senate; Senate Floor Amendment No. 1 Recommend Do Adopt Health & Human Services ; 008-000-000; Recalled to Second Reading; Senate Floor Amendment No. 1 Adopted; Haine; Placed on Calendar Order of 3rd Reading May 19, 2005

05/19/2005 In Senate; Third Reading - Passed; 055-000-001

05/20/2005 In House; Arrived in House; Placed on Calendar Order of Concurrence Senate Amendment(s) 1

05/23/2005 In House; Senate Floor Amendment No. 1 Motion Filed; Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

05/24/2005 In House; Senate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee ; 004-000-000

05/28/2005 In House; Senate Floor Amendment No. 1 House Concurs 113-000-000; Passed Both Houses

06/24/2005 In House; Sent to the Governor

08/22/2005 In House; Governor Approved; Public Act . . . . . . . . . 94-0646

 

Sponsor Information:

Julie Hamos (D-Majority)

 

Sponsor:

Hamos

 

 

 

Oregon H.B. 2221

Category:

Medical Records Privacy

 

Last Action:

07/20/2005 In House; Governor signed.; Chapter 562, (2005 Laws): Effective date July 20, 2005.

 

Synopsis:

Establishes Child Abuse Multidisciplinary Intervention Program in Department of Justice. Modifies requirements of programs funded by Child Abuse Multidisciplinary Intervention Program. Declares emergency, effective July 1, 2005.

 

Additional Information:

Language as Enacted on July 20, 2005:

 

SECTION 19. (1) ALL INFORMATION AND RECORDS ACQUIRED BY A COUNTY MULTIDISCIPLINARY CHILD ABUSE TEAM ESTABLISHED UNDER ORS 418.747 OR A CHILD FATALITY REVIEW TEAM ESTABLISHED UNDER SECTION 20 OF THIS 2005 ACT IN THE EXERCISE OF ITS DUTIES ARE CONFIDENTIAL AND MAY BE DISCLOSED ONLY WHEN NECESSARY TO CARRY OUT THE PURPOSES OF THE CHILD ABUSE INVESTIGATION OR THE CHILD FATALITY REVIEW PROCESS.

 

(2) A MEMBER AGENCY OF A COUNTY MULTIDISCIPLINARY CHILD ABUSE TEAM OR A MEMBER OF THE TEAM MAY USE OR DISCLOSE PROTECTED HEALTH INFORMATION WITHOUT OBTAINING AN AUTHORIZATION FROM AN INDIVIDUAL OR A PERSONAL REPRESENTATIVE OF THE INDIVIDUAL IF USE OR DISCLOSURE IS NECESSARY FOR PUBLIC HEALTH PURPOSES, INCLUDING THE PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE.

 

(3) A CHILD FATALITY REVIEW TEAM SHALL HAVE ACCESS TO AND SUBPOENA POWER TO OBTAIN ALL MEDICAL RECORDS, HOSPITAL RECORDS AND RECORDS MAINTAINED BY ANY STATE, COUNTY OR LOCAL AGENCY, INCLUDING, BUT NOT LIMITED TO, POLICE INVESTIGATIVE DATA, CORONER OR MEDICAL EXAMINER INVESTIGATIVE DATA AND SOCIAL SERVICES RECORDS, AS NECESSARY TO COMPLETE A CHILD ABUSE INVESTIGATION OR A REVIEW OF A SPECIFIC FATALITY UNDER SECTION 20 OF THIS 2005 ACT.

 

(4) AS USED IN THIS SECTION, 'PERSONAL REPRESENTATIVE' AND ' PROTECTED HEALTH INFORMATION' HAVE THE MEANINGS GIVEN THOSE TERMS IN ORS 192.519.

 

Status:

01/10/2005 In House; First reading. Referred to Speaker's desk.

01/17/2005 In House; Referred to Judiciary.

01/18/2005 In House; Assigned to Subcommittee On Civil Law.

01/24/2005 In House; Public Hearing and Work Session held.

03/21/2005 In House; Work Session held.; Returned to Full Committee.

04/01/2005 In House; Work Session held.

04/07/2005 In House; Recommendation: Do pass with amendments, be printed A-Engrossed, and be placed on Consent Calendar.

04/11/2005 In House; Second reading.

04/12/2005 In House; Rules suspended. Removed from Consent Calendar and rereferred to Judiciary.

04/13/2005 In House; Assigned to Subcommittee On Civil Law.

04/25/2005 In House; Public Hearing and Work Session held.; Returned to Full Committee.

04/29/2005 In House; Work Session held.

05/11/2005 In House; Recommendation: Do pass with amendments and be printed B-Engrossed.

05/13/2005 In House; Rules suspended. Carried over to May 16, 2005 Calendar.

05/16/2005 In House; Rules suspended. Carried over to May 17, 2005 Calendar.

05/17/2005 In House; Third reading. Carried by Ackerman. Passed. Ayes, 55; Excused, 4--Berger, Boone, Lim, Tomei; Excused for Business of the House, 1--Speaker Minnis.

05/18/2005 In Senate; First reading. Referred to President's desk.

05/24/2005 In Senate; Referred to Judiciary.

06/02/2005 In Senate; Public Hearing held.

06/14/2005 In Senate; Work Session held.

06/22/2005 In Senate; Recommendation: Do pass with amendments to the B-Eng. bill. (Printed C-Eng.)

06/23/2005 In Senate; Second reading.

06/24/2005 In Senate; Carried over to 06-27 by unanimous consent.

06/27/2005 In Senate; Third reading. Carried by Walker. Passed. Ayes, 29; Excused, 1--Carter.

06/29/2005 In House; House concurred in Senate amendments and repassed bill. Ayes, 51; Absent, 1--Wirth; Excused, 1--Olson; Excused for Business of the House, 7--Avakian, Jenson, Kropf, March, Morgan, Schaufler, Smith G..

07/12/2005 In House; Speaker signed.

07/14/2005 In Senate; President signed.

07/20/2005 In House; Governor signed.; Chapter 562, (2005 Laws): Effective date July 20, 2005.

 

Sponsor Information:

Karen Minnis (R-Majority)

 

Sponsor:

Minnis

 

 


 

Regulatory Report

 

 

FLORIDA

Title:

PATIENT RECORDS

 

Agency:

Department of Health/Board of Optometry

 

Summary:

Relates to Patient Records.

 

Agency Contact:

Joe Baker, Jr. Executive Director, Board of Optometry, 4052

Bald Cypress Way, Bin C07, Tallahassee, Fl 32399-3259

 

Citation:

FAC 64B13-3.003, .04, .010

 

Status:

08/19/2005 Negotiated Rulemaking

 

 

 

TEXAS

Title:

Adopted policies and procedures.

 

Agency:

Cancer Council

 

Summary:

CHARGES FOR COPIES OF PUBLIC RECORDS

 

Summary Comments:

Part 11. TEXAS CANCER COUNCIL

 

Chapter 701. POLICIES AND PROCEDURES

 

25 TAC @701.8

 

The Texas Cancer Council adopts an amendment to @701.8, concerning charges

for copies of public records without changes to the proposed text as published

in the May 27, 2005, issue of the Texas Register (30 TexReg 3078) and will not

be republished.

 

The amendment is adopted to update the name of agency whose rules TCC now

uses to establish charges for copies of public records.

 

No public comments were received regarding adoption of the amendment.

 

The amendment is adopted under the Texas Health and Safety Code Annotated,

@102.002 and @102.009, which provides the Texas Cancer Council with the

authority to develop, implement, and revise the Texas Cancer Plan, and

Government Code, @552.262 which requires state agencies to use the related

charges for public records rules of the Texas Building and Procurement

Commission.

 

This agency hereby certifies that the adoption has been reviewed by legal

counsel and found to be a valid exercise of the agency's legal authority.

 

Filed with the Office of the Secretary of State on August 5, 2005.

 

Agency Contact:

Sandra Balderrama, Executive Director, Cancer Council, PO Box

12097, Austin, TX 78711

 

Citation:

25 TAC 11.701.701.8

 

Status:

05/13/2005 Proposed Rule

 

Comment Deadline:

06/26/2005

08/05/2005 Rule Adoption

 

Adoption Date:

08/05/2005

 

Effective Date:

08/25/2005

 

 

 

TEXAS

Title:

SUPERVISION OF NON-LICENSED PERSONNEL STATE ID: 30 TEXREG 4796

 

Agency:

Board of Occupational Therapy Examiners

 

Summary:

Amends rules regarding the supervision of non-licensed personnel. Adds

language for when aides may or may not enter data into the patient's medical

record.

 

Summary Comments:

Chapter 373. SUPERVISION

 

40 TAC @373.1

 

The Texas Board of Occupational Therapy Examiners proposes an amendment to

@373.1, concerning Supervision of Non-Licensed Personnel. The amendment will add

language for when aides may or may not enter data into the patient's medical

record.

 

John P. Maline, Executive Director of the Executive Council of Physical

Therapy and Occupational Therapy Examiners, has determined that for the first

five-year period the rule is in effect there will be no fiscal implications for

state or local government as a result of enforcing or administering the rule.

 

Mr. Maline also has determined that for each year of the first five years the

rule is in effect the public benefit anticipated as a result of enforcing the

rule will be clarification of the OT rules. There will be no effect on small

businesses. There are no anticipated economic costs to persons who are required

to comply with the rule as proposed.

 

Comments on the proposed rule may be submitted to Augusta Gelfand, OT

Coordinator, Texas Board of Occupational Therapy Examiners, 333 Guadalupe,

Suite 2-510, Austin, Texas, 78701, (512) 305-6900, or through email:

augusta.gelfand@mail.capnet.state.tx.us

 

The amendment is proposed under the Occupational Therapy Practice Act, Title

3, Subchapter H, Chapter 456, Occupations Code, which provides the Texas Board

of Occupational Therapy Examiners with the authority to adopt rules

consistent with this Act to carry out its duties in administering this Act.

 

Agency Contact:

Augusta Gelfand, OT Coordinator, Board of Occupational Therapy

Examiners, 333 Guadalupe, Ste 2-510, Austin, TX 78701, 512-305-6900,

augusta.gelfand@mail.capnet.state.tx.us

 

Citation:

40 TAC 12.373.373.1

 

Status:

08/05/2005 Proposed Rule

 

Comment Deadline:

09/18/2005