Texas Register, Volume 46, Number 17, Pages 2627-2862, April 23, 2021 Page: 2,684
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cular system and subsection (o) regarding respiratory system
treatments and procedures.
Proposed amendment to 601.3 removes one procedure in sub-
section (o) regarding respiratory system from the list of proce-
dures requiring no disclosure of specific risks and hazards be-
cause that procedure has been moved from List B to List A.
FISCAL NOTE
Dr. Noah Appel, Panel Chairman, has determined that for each
year of the first five years that the sections will be in effect, there
will be no fiscal impact to state or local governments as a result
of administering the sections as proposed.
GOVERNMENT GROWTH IMPACT STATEMENT
The Panel has determined that during the first five years that the
sections will be in effect:
(1) the proposed rules will not create or eliminate a government
program;
(2) implementation of the proposed rules will not affect the num-
ber of employee positions;
(3) implementation of the proposed rules will not require an
increase or decrease in future legislative appropriations to the
agency;
(4) the proposed rules will not affect fees paid to the agency;
(5) the proposed rules will not create new rules;
(6) the proposed rules will not expand existing rules;
(7) the proposed rules will not change the number of individuals
subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COM-
MUNITY IMPACT ANALYSIS
Chairman Appel has also determined that there will be no antici-
pated economic costs to small businesses, micro-businesses, or
rural communities required to comply with the amendments as
proposed because physicians and health care providers already
have an obligation to disclose risks and hazards related to medi-
cal care and surgical procedures. The amendments will not add
additional costs.
ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL
EMPLOYMENT
There will be no economic costs to persons required to comply
with the sections as proposed, and there will be no impact on
local employment.
COSTS TO REGULATED PERSONS
Texas Government Code 2001.0045 does not apply to these
rules because the rules are necessary to protect the health,
safety, and welfare of the residents of Texas; and do not impose
a cost on regulated persons.
PUBLIC BENEFIT
In addition, Chairman Appel also has determined that for each
year of the first five years the sections are in effect, the pub-
lic benefit anticipated as a result of enforcing or administering
these amended disclosure rules will be that patients are better
informed about the risks and hazards related to medical treat-
ments and surgical procedures they are considering.REGULATORY ANALYSIS
The Panel has determined that this proposal is not a "major
environmental rule" as defined by Texas Government Code,
2001.0225. "Major environmental rule" is defined to mean a
rule the specific intent of which is to protect the environment
or reduce risk to human health from environment exposure
and that may adversely affect, in a material way, the economy,
a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a
sector of the state. This proposal is not specifically intended to
protect the environment or reduce risks to human health from
environmental exposure.
TAKINGS IMPACT ASSESSMENT
The Panel has determined that the proposal does not restrict
or limit an owner's right to his or her property that would oth-
erwise exist in the absence of government action and, there-
fore, does not constitute a taking under Texas Government Code
2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Kayla
Cates-Brown, Program Manager II, Advisory Committee Co-
ordination Office, Chief Policy and Rules, Health and Human
Services Commission, 701 West 51st Street, Suite. 216A,
Austin, Texas, 78751; Mail Code 0223, P.O. Box 13247, Austin,
Texas, 78711; fax (512) 206-3984; office (512) 438-2889, or by
email to HHSC_TMDP@hhsc.state.tx.us.
To be considered, comments must be submitted no later than
31 days after the date of this issue of the Texas Register. Com-
ments must be: (1) postmarked or shipped before the last day of
the comment period; (2) hand-delivered before 5:00 p.m. on the
last working day of the comment period; or (3) faxed or emailed
before midnight on the last day of the comment period. If last day
to submit comments falls on a holiday, comments must be post-
marked, shipped, or emailed before midnight on the following
business day to be accepted. When emailing comments, please
indicate "Comments on Proposed Rule" in the subject line.
STATUTORY AUTHORITY
The amendments are authorized under Texas Civil Practice and
Remedies Code 74.102, which provides the Texas Medical Dis-
closure Panel with the authority to prepare lists of medical treat-
ments and surgical procedures that do and do not require dis-
closure by physicians and health care providers of the possible
risks and hazards, and to prepare the form(s) for the treatments
and procedures which do require disclosure.
The amendments implement Texas Civil Practice and Remedies
Code Chapter 74, Subchapter C.
601.2. Procedures Requiring Full Disclosure of Specific Risks and
Hazards--List A.
(a) (No change.)
(b) Cardiovascular system.
(1) Cardiac.
(A) [Srgieah]
fi Coronary artery bypass[, valve replacement].
fj [(I)] Acute myocardial infarction (heart attack).
ii) [()] Hemorrhage (severe bleeding).
(iii) [(1)] Kidney failure.46 TexReg 2684 April 23, 2021 Texas Register
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Texas. Secretary of State. Texas Register, Volume 46, Number 17, Pages 2627-2862, April 23, 2021, periodical, April 23, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1330690/m1/58/?rotate=270: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.