By: Hopson H.B. No. 3336
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that an orthotist or a prosthetist be
licensed as a device manufacturer if fabricating or assembling
without an order from certain health care professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 605, Occupations Code, is
amended by adding Section 605.2515 to read as follows:
Sec. 605.2515. ADDITIONAL LICENSE: DEVICE MANUFACTURER. A
person licensed to practice orthotics or prosthetics who measures,
designs, fabricates, fits, assembles, adjusts, or services an
orthosis or a prosthesis under an order from a licensed physician,
chiropractor, or podiatrist for a specific patient is exempt from
licensing as a device manufacturer under Subchapter L, Chapter 431,
Health and Safety Code. A person licensed to practice orthotics or
prosthetics who fabricates or assembles an orthosis or a prosthesis
without an order from a licensed physician, chiropractor, or
podiatrist for a specific patient is required to be licensed as a
device manufacturer under Subchapter L, Chapter 431, Health and
Safety Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.