Texas 2009 - 81st Regular

Texas House Bill HB3376 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1603 JAM-D
2	2	By: Davis of Harris H.B. No. 3376
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensure of anesthesiologist assistants;
8	8	providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter B, Chapter 157,
11	11	Occupations Code, is amended to read as follows:
12	12	SUBCHAPTER B. DELEGATION TO ADVANCED PRACTICE NURSES, [AND]
13	13	PHYSICIAN ASSISTANTS, AND ANESTHESIOLOGIST ASSISTANTS
14	14	SECTION 2. Section 157.051, Occupations Code, is amended by
15	15	adding Subdivision (1-a) to read as follows:
16	16	(1-a) "Anesthesiologist assistant" means a person who
17	17	holds a license issued under Chapter 207.
18	18	SECTION 3. Subchapter B, Chapter 157, Occupations Code, is
19	19	amended by adding Section 157.061 to read as follows:
20	20	Sec. 157.061. DELEGATION TO ANESTHESIOLOGIST ASSISTANTS.
21	21	(a) In a licensed hospital or ambulatory surgical center, a board
22	22	certified anesthesiologist may delegate to an anesthesiologist
23	23	assistant the ordering of drugs and devices necessary for the
24	24	anesthesiologist assistant to administer an anesthetic or an
25	25	anesthesia-related service.
26	26	(b) Under the anesthesiologist's order and in accordance
27	27	with facility policies or medical staff bylaws, an anesthesiologist
28	28	assistant may select, obtain, and administer the drugs and apply
29	29	the medical devices appropriate to accomplish the
30	30	anesthesiologist's order and maintain the patient within a sound
31	31	physiological status.
32	32	(c) This section shall be liberally construed to permit the
33	33	full use of safe and effective medication orders to use the skills
34	34	and services of anesthesiologist assistants.
35	35	SECTION 4. Subtitle C, Title 3, Occupations Code, is
36	36	amended by adding Chapter 207 to read as follows:
37	37	CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS
38	38	SUBCHAPTER A. GENERAL PROVISIONS
39	39	Sec. 207.001. SHORT TITLE. This chapter may be cited as the
40	40	Anesthesiologist Assistant Licensing Act.
41	41	Sec. 207.002. DEFINITIONS. In this chapter:
42	42	(1) "Anesthesiologist" means a physician licensed by
43	43	the Texas Medical Board who specializes in anesthesiology.
44	44	(2) "Anesthesiologist assistant" means a person who
45	45	holds a license issued under this chapter.
46	46	(3) "Anesthesiologist assistant board" means the
47	47	Texas Anesthesiologist Assistant Board.
48	48	(4) "Anesthesiologist assistant practice protocol"
49	49	means a written agreement of jointly agreed protocols or a standing
50	50	order between a supervising anesthesiologist and an
51	51	anesthesiologist assistant that provides for the delegation of
52	52	health care services from a supervising anesthesiologist to an
53	53	anesthesiologist assistant and the review of those services.
54	54	(5) "Anesthesiology" means the practice of medicine
55	55	that specializes in the relief of pain during and after surgical
56	56	procedures and childbirth, during certain chronic disease
57	57	processes, and during the resuscitation and critical care of
58	58	patients in the operating room and intensive care environments.
59	59	(6) "Direct supervision" means supervision by an
60	60	anesthesiologist who is present in the facility in which the
61	61	anesthesiologist assistant is performing anesthesia services and
62	62	is immediately available to provide assistance and direction while
63	63	anesthesia services are being performed.
64	64	(7) "Immediately available" means in the same physical
65	65	location or facility in which the services are provided.
66	66	(8) "Medical board" means the Texas Medical Board.
67	67	(9) "Physician" means a person licensed by the Texas
68	68	Medical Board to practice medicine and surgery or osteopathic
69	69	medicine and surgery.
70	70	Sec. 207.003. APPLICATION OF SUNSET ACT. The Texas
71	71	Anesthesiologist Assistant Board is subject to Chapter 325,
72	72	Government Code (Texas Sunset Act). Unless continued in existence
73	73	as provided by that chapter, the board is abolished and this chapter
74	74	expires September 1, 2021.
75	75	Sec. 207.004. APPLICABILITY OF CHAPTER. (a) A person is
76	76	not required to hold a license issued under this chapter to practice
77	77	as:
78	78	(1) a technician, assistant, or employee of a
79	79	physician who performs delegated tasks but does not act as an
80	80	anesthesiologist assistant or represent that the person is an
81	81	anesthesiologist assistant; or
82	82	(2) any other licensed health care worker acting
83	83	within the scope of that person's license if the person:
84	84	(A) does not use the title "anesthesiologist
85	85	assistant" or the initials "A.A." or "A.A.-C"; or
86	86	(B) is not represented or designated as an
87	87	anesthesiologist assistant.
88	88	(b) This chapter does not limit the employment arrangement
89	89	of an anesthesiologist assistant.
90	90	[Sections 207.005-207.050 reserved for expansion]
91	91	SUBCHAPTER B. TEXAS ANESTHESIOLOGIST ASSISTANT BOARD
92	92	Sec. 207.051. ANESTHESIOLOGIST ASSISTANT BOARD. (a) The
93	93	Texas Anesthesiologist Assistant Board is an advisory board to the
94	94	medical board.
95	95	(b) The anesthesiologist assistant board shall:
96	96	(1) guide, advise, and make recommendations to the
97	97	medical board; and
98	98	(2) assist the medical board in carrying out this
99	99	chapter.
100	100	(c) The medical board is responsible for the ongoing
101	101	examination of the scope of practice and promoting the continuing
102	102	role of anesthesiologist assistants in the delivery of health care
103	103	services.
104	104	Sec. 207.052. APPOINTMENT OF BOARD. The anesthesiologist
105	105	assistant board consists of six members appointed by the governor
106	106	with the advice and consent of the senate as follows:
107	107	(1) one member who is a physician;
108	108	(2) one anesthesiologist assistant;
109	109	(3) two anesthesiologists; and
110	110	(4) two members who represent the public and are not
111	111	licensed or trained in a health care profession.
112	112	Sec. 207.053. PUBLIC MEMBER ELIGIBILITY. A person is not
113	113	eligible for appointment as a public member of the anesthesiologist
114	114	assistant board if the person or the person's spouse:
115	115	(1) is registered, certified, or licensed by an
116	116	occupational regulatory agency in the field of health care;
117	117	(2) is employed by or participates in the management
118	118	of a business entity or other organization regulated by the medical
119	119	board or receiving funds from the medical board or anesthesiologist
120	120	assistant board;
121	121	(3) owns or controls, directly or indirectly, more
122	122	than a 10 percent interest in a business entity or other
123	123	organization regulated by the medical board or anesthesiologist
124	124	assistant board or receiving funds from the medical board or
125	125	anesthesiologist assistant board; or
126	126	(4) uses or receives a substantial amount of tangible
127	127	goods, services, or money from the medical board or
128	128	anesthesiologist assistant board, other than compensation or
129	129	reimbursement authorized by law for anesthesiologist assistant
130	130	board membership, attendance, or expenses.
131	131	Sec. 207.054. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
132	132	In this section, "Texas trade association" means a cooperative and
133	133	voluntarily joined association of business or professional
134	134	competitors in this state designed to assist its members and its
135	135	industry or profession in dealing with mutual business or
136	136	professional problems and in promoting their common interest.
137	137	(b) A person may not be a member of the anesthesiologist
138	138	assistant board or an employee of the medical board employed in a
139	139	"bona fide executive, administrative, or professional capacity,"
140	140	as that phrase is used for purposes of establishing an exemption to
141	141	the overtime provisions of the federal Fair Labor Standards Act of
142	142	1938 (29 U.S.C. Section 201 et seq.) if:
143	143	(1) the person is an officer, employee, manager, or
144	144	paid consultant of a Texas trade association in the field of health
145	145	care; or
146	146	(2) the person's spouse is an officer, board member,
147	147	employee, or paid consultant of a Texas trade association in the
148	148	field of health care.
149	149	(c) A person may not be a member of the anesthesiologist
150	150	assistant board if the person is required to register as a lobbyist
151	151	under Chapter 305, Government Code, because of the person's
152	152	activities for compensation on behalf of a profession related to
153	153	the operation of the medical board or anesthesiologist assistant
154	154	board.
155	155	Sec. 207.055. MEMBERSHIP REQUIREMENTS. Each member of the
156	156	anesthesiologist assistant board must be a citizen of the United
157	157	States and a resident of this state. Each physician member of the
158	158	anesthesiologist assistant board must be licensed to practice
159	159	medicine in this state.
160	160	Sec. 207.056. TERMS; VACANCIES. (a) Members of the
161	161	anesthesiologist assistant board serve staggered three-year terms.
162	162	The terms of two members expire on January 31 each year.
163	163	(b) An anesthesiologist assistant board member who is an
164	164	anesthesiologist assistant or a physician may not serve more than
165	165	two consecutive terms.
166	166	(c) At least 90 days before the expiration of a term of a
167	167	member who is an anesthesiologist or anesthesiologist assistant or
168	168	as soon as possible after a vacancy occurs, the president of the
169	169	Texas Society of Anesthesiologists, or its successor, shall submit
170	170	a list to the medical board of not more than three qualified and
171	171	willing individuals for each vacancy with a request and
172	172	recommendation that the governor appoint one of the individuals
173	173	listed to each vacancy as indicated on the list. The president of
174	174	the Texas Society of Anesthesiologists, or its successor, shall
175	175	include a letter of transmittal with the list that describes the
176	176	method by which the individuals were chosen.
177	177	(d) If a vacancy occurs during a member's term, the governor
178	178	shall appoint a new member to serve the unexpired term.
179	179	Sec. 207.057. OFFICERS; MEETINGS. (a) The
180	180	anesthesiologist assistant board shall hold an open annual meeting
181	181	and elect a presiding officer and secretary from among its members.
182	182	(b) The anesthesiologist assistant board may hold
183	183	additional meetings as necessary provided that notice of each
184	184	meeting is given to each member not less than 10 days before the
185	185	date of the meeting.
186	186	Sec. 207.058. APPLICABILITY OF OTHER LAW. (a) Chapter
187	187	2110, Government Code, does not apply to the anesthesiologist
188	188	assistant board.
189	189	(b) Except as otherwise provided by this chapter, the
190	190	anesthesiologist assistant board is subject to Chapters 551 and
191	191	2001, Government Code.
192	192	Sec. 207.059. GROUNDS FOR REMOVAL. (a) It is a ground for
193	193	removal from the anesthesiologist assistant board that a member:
194	194	(1) does not have at the time of taking office the
195	195	qualifications required by Sections 207.052, 207.053, and 207.055;
196	196	(2) does not maintain during service on the
197	197	anesthesiologist assistant board the qualifications required by
198	198	Sections 207.052, 207.053, and 207.055;
199	199	(3) is ineligible for membership under Section
200	200	207.054;
201	201	(4) cannot, because of illness or disability,
202	202	discharge the member's duties for a substantial part of the member's
203	203	term; or
204	204	(5) is absent from more than half of the regularly
205	205	scheduled anesthesiologist assistant board meetings that the
206	206	member is eligible to attend during a calendar year without an
207	207	excuse approved by a majority vote of the anesthesiologist
208	208	assistant board.
209	209	(b) The validity of an action of the anesthesiologist
210	210	assistant board is not affected by the fact that it is taken when a
211	211	ground for removal of an anesthesiologist assistant board member
212	212	exists.
213	213	(c) If the executive director of the medical board has
214	214	knowledge that a potential ground for removal of an
215	215	anesthesiologist assistant board member exists, the executive
216	216	director shall notify the presiding officer of the anesthesiologist
217	217	assistant board of the potential ground. The presiding officer
218	218	shall then notify the governor and the attorney general that a
219	219	potential ground for removal exists. If the potential ground for
220	220	removal involves the presiding officer, the executive director
221	221	shall notify the next highest officer of the anesthesiologist
222	222	assistant board, who shall notify the governor and the attorney
223	223	general that a potential ground for removal exists.
224	224	Sec. 207.060. TRAINING. (a) A person who is appointed to
225	225	and qualifies for office as a member of the anesthesiologist
226	226	assistant board may not vote, deliberate, or be counted as a member
227	227	in attendance at a meeting of the anesthesiologist assistant board
228	228	until the person completes a training program that complies with
229	229	this section.
230	230	(b) The training program must provide the person with
231	231	information regarding:
232	232	(1) this chapter;
233	233	(2) the results of the most recent formal audit of the
234	234	anesthesiologist assistant board;
235	235	(3) the requirements of laws relating to open
236	236	meetings, public information, administrative procedure, and
237	237	conflict of interest; and
238	238	(4) any applicable ethics policies adopted by the
239	239	medical board or the Texas Ethics Commission.
240	240	(c) A person appointed to the anesthesiologist assistant
241	241	board is entitled to reimbursement, as provided by the General
242	242	Appropriations Act, for travel expenses incurred in attending the
243	243	training program regardless of whether the attendance at the
244	244	program occurs before or after the person qualifies for office.
245	245	Sec. 207.061. QUALIFICATIONS AND STANDARDS OF CONDUCT
246	246	INFORMATION. The executive director of the medical board or the
247	247	executive director's designee shall provide, as often as necessary,
248	248	to members of the anesthesiologist assistant board information
249	249	regarding their:
250	250	(1) qualifications for office under this chapter; and
251	251	(2) responsibilities under applicable laws relating
252	252	to standards of conduct for state officers.
253	253	Sec. 207.062. COMPENSATION; REIMBURSEMENT. An
254	254	anesthesiologist assistant board member may not receive
255	255	compensation for service on the anesthesiologist assistant board
256	256	but is entitled to receive reimbursement under the General
257	257	Appropriations Act for transportation and related expenses
258	258	incurred while conducting the anesthesiologist assistant board's
259	259	business.
260	260	[Sections 207.063-207.100 reserved for expansion]
261	261	SUBCHAPTER C. POWERS AND DUTIES OF ANESTHESIOLOGIST
262	262	ASSISTANT BOARD AND MEDICAL BOARD
263	263	Sec. 207.101. GENERAL POWERS AND DUTIES OF ANESTHESIOLOGIST
264	264	ASSISTANT BOARD. The anesthesiologist assistant board shall:
265	265	(1) adopt rules that are reasonable and necessary for
266	266	the performance of the board's duties under this chapter, as
267	267	provided by Chapter 2001, Government Code, including rules to
268	268	establish:
269	269	(A) licensing and other fees;
270	270	(B) license renewal dates; and
271	271	(C) procedures for disciplinary actions;
272	272	(2) review and approve or reject each application for
273	273	the issuance or renewal of a license;
274	274	(3) issue each license;
275	275	(4) deny, suspend, or revoke a license or otherwise
276	276	discipline a license holder; and
277	277	(5) take any action necessary to carry out the
278	278	functions and duties of the board under this chapter.
279	279	Sec. 207.102. GUIDELINES FOR EARLY INVOLVEMENT IN
280	280	RULEMAKING PROCESS. (a) The anesthesiologist assistant board
281	281	shall adopt guidelines to establish procedures for receiving input
282	282	during the rulemaking process from individuals and groups that have
283	283	an interest in matters under the anesthesiologist assistant board's
284	284	jurisdiction. The guidelines must provide an opportunity for those
285	285	individuals and groups to provide input before the anesthesiologist
286	286	assistant board submits the rule to the medical board for approval.
287	287	(b) A rule adopted by the medical board may not be
288	288	challenged on the grounds that the anesthesiologist assistant board
289	289	did not comply with this section. If the anesthesiologist
290	290	assistant board was unable to solicit a significant amount of input
291	291	from the public or affected persons early in the rulemaking
292	292	process, the anesthesiologist assistant board shall state in
293	293	writing the reasons why the anesthesiologist assistant board was
294	294	unable to do so.
295	295	Sec. 207.103. POWERS AND DUTIES OF MEDICAL BOARD RELATING
296	296	TO ANESTHESIOLOGIST ASSISTANTS. (a) The medical board shall adopt
297	297	rules consistent with this chapter to regulate anesthesiologist
298	298	assistants and anesthesiologists who supervise anesthesiologist
299	299	assistants.
300	300	(b) The medical board, by a majority vote, shall approve or
301	301	reject each rule adopted by the anesthesiologist assistant board.
302	302	If approved, the rule may take effect. If the rule is rejected, the
303	303	medical board shall return the rule to the anesthesiologist
304	304	assistant board for revision.
305	305	Sec. 207.104. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
306	306	The anesthesiologist assistant board shall adopt rules and
307	307	guidelines as necessary to comply with Chapter 53, except to the
308	308	extent the requirements of this chapter are stricter than the
309	309	requirements of Chapter 53.
310	310	Sec. 207.105. ASSISTANCE BY MEDICAL BOARD. (a) The medical
311	311	board shall provide administrative and clerical employees as
312	312	necessary to enable the anesthesiologist assistant board to
313	313	administer this chapter.
314	314	(b) Subject to the advice and approval of the medical board,
315	315	the anesthesiologist assistant board shall develop and implement
316	316	policies that clearly separate the policy-making responsibilities
317	317	of the anesthesiologist assistant board and the management
318	318	responsibilities of the executive director and the staff of the
319	319	medical board.
320	320	Sec. 207.106. FEES. The medical board shall set and collect
321	321	fees in amounts that are reasonable and necessary to cover the costs
322	322	of administering and enforcing this chapter without the use of any
323	323	other funds generated by the medical board.
324	324	Sec. 207.107. RULES RESTRICTING ADVERTISING OR COMPETITIVE
325	325	BIDDING. (a) The medical board may not adopt rules under this
326	326	chapter restricting advertising or competitive bidding by a license
327	327	holder except to prohibit false, misleading, or deceptive
328	328	practices.
329	329	(b) In its rules to prohibit false, misleading, or deceptive
330	330	practices, the medical board may not include a rule that:
331	331	(1) restricts the use of any medium for advertising;
332	332	(2) restricts the use of a license holder's personal
333	333	appearance or voice in an advertisement;
334	334	(3) relates to the size or duration of an
335	335	advertisement by the license holder; or
336	336	(4) restricts the license holder's advertisement under
337	337	a trade name.
338	338	Sec. 207.108. ANNUAL REPORT. (a) The medical board shall
339	339	prepare annually a complete and detailed written report accounting
340	340	for all funds received and disbursed by the medical board or the
341	341	anesthesiologist assistant board under this chapter during the
342	342	preceding fiscal year.
343	343	(b) The annual report must meet the reporting requirements
344	344	applicable to financial reporting provided in the General
345	345	Appropriations Act.
346	346	Sec. 207.109. TECHNOLOGY POLICY. The medical board shall
347	347	implement a policy requiring the anesthesiologist assistant board
348	348	to use appropriate technological solutions to improve the
349	349	anesthesiologist assistant board's ability to perform its
350	350	functions. The policy must ensure that the public is able to
351	351	interact with the anesthesiologist assistant board on the Internet.
352	352	Sec. 207.110. NEGOTIATED RULEMAKING AND ALTERNATIVE
353	353	DISPUTE RESOLUTION POLICY. The medical board shall develop and
354	354	implement a policy to encourage the use of:
355	355	(1) negotiated rulemaking procedures under Chapter
356	356	2008, Government Code, for the adoption of medical board rules for
357	357	the anesthesiologist assistant board; and
358	358	(2) appropriate alternative dispute resolution
359	359	procedures under Chapter 2009, Government Code, to assist in the
360	360	resolution of internal and external disputes under the
361	361	anesthesiologist assistant board's jurisdiction.
362	362	Sec. 207.111. PUBLIC INTEREST INFORMATION. (a) The
363	363	anesthesiologist assistant board shall prepare information of
364	364	public interest describing the functions of the anesthesiologist
365	365	assistant board and the procedures by which complaints are filed
366	366	with and resolved by the anesthesiologist assistant board.
367	367	(b) The anesthesiologist assistant board shall make the
368	368	information available to the public and appropriate state agencies.
369	369	Sec. 207.112. PUBLIC PARTICIPATION. Subject to the advice
370	370	and approval of the medical board, the anesthesiologist assistant
371	371	board shall develop and implement policies that provide the public
372	372	with a reasonable opportunity to appear before the anesthesiologist
373	373	assistant board and to speak on any issue under the jurisdiction of
374	374	the anesthesiologist assistant board.
375	375	Sec. 207.113. RECORDS OF COMPLAINTS. (a) The
376	376	anesthesiologist assistant board shall maintain a system to
377	377	promptly and efficiently act on complaints filed with the board.
378	378	The board shall maintain:
379	379	(1) information about the parties to the complaint and
380	380	the subject matter of the complaint;
381	381	(2) a summary of the results of the review or
382	382	investigation of the complaint; and
383	383	(3) information about the disposition of the
384	384	complaint.
385	385	(b) The anesthesiologist assistant board shall make
386	386	information available describing its procedures for complaint
387	387	investigation and resolution.
388	388	(c) The anesthesiologist assistant board shall periodically
389	389	notify the parties of the status of the complaint until final
390	390	disposition of the complaint, unless the notice would jeopardize an
391	391	active investigation.
392	392	[Sections 207.114-207.150 reserved for expansion]
393	393	SUBCHAPTER D. LICENSE REQUIREMENTS; EXEMPTIONS; RENEWALS
394	394	Sec. 207.151. LICENSE REQUIRED. A person may not practice
395	395	as an anesthesiologist assistant in this state unless the person
396	396	holds an anesthesiologist assistant license issued under this
397	397	chapter.
398	398	Sec. 207.152. ISSUANCE OF LICENSE. (a) The
399	399	anesthesiologist assistant board shall issue a license to an
400	400	applicant who:
401	401	(1) meets the eligibility requirements of Section
402	402	207.153;
403	403	(2) submits an application on a form prescribed by the
404	404	board;
405	405	(3) pays the required application fee;
406	406	(4) certifies that the applicant is mentally and
407	407	physically able to function safely as an anesthesiologist
408	408	assistant; and
409	409	(5) submits to the board any other information the
410	410	board considers necessary to evaluate the applicant's
411	411	qualifications.
412	412	(b) The anesthesiologist assistant board may delegate
413	413	authority to medical board employees to issue licenses under this
414	414	chapter to applicants who clearly meet all licensing requirements.
415	415	If the medical board employees determine that the applicant does
416	416	not clearly meet all licensing requirements, the application shall
417	417	be returned to the anesthesiologist assistant board. A license
418	418	issued under this subsection does not require formal
419	419	anesthesiologist assistant board approval.
420	420	Sec. 207.153. ELIGIBILITY REQUIREMENTS. (a) To be eligible
421	421	for a license under this chapter, an applicant must:
422	422	(1) successfully complete an educational program
423	423	accredited by the Commission on Accreditation of Allied Health
424	424	Education Programs or another national accrediting agency approved
425	425	by the medical board;
426	426	(2) pass the Certifying Examination for
427	427	Anesthesiologist Assistants as administered by the National
428	428	Commission for Certification of Anesthesiologist Assistants or
429	429	another national testing service and examination approved by the
430	430	medical board;
431	431	(3) be of good moral character; and
432	432	(4) meet any other requirement established by
433	433	anesthesiologist assistant board rule.
434	434	(b) In addition to the requirements of Subsection (a), an
435	435	applicant is not eligible for a license, unless the
436	436	anesthesiologist assistant board takes into consideration in
437	437	determining whether to issue the license, if the applicant:
438	438	(1) has been issued a license, certificate, or
439	439	registration as an anesthesiologist assistant in this state or from
440	440	a licensing authority in another state that is revoked or
441	441	suspended; or
442	442	(2) is subject to probation or other disciplinary
443	443	action for cause in this state or another state resulting from the
444	444	applicant's acts as an anesthesiologist assistant.
445	445	Sec. 207.154. EXEMPTION FROM LICENSING REQUIREMENT FOR
446	446	CERTAIN ANESTHESIOLOGIST ASSISTANTS. A person is not required to
447	447	hold a license issued under this chapter to practice as:
448	448	(1) an anesthesiologist assistant student enrolled in
449	449	an anesthesiologist assistant educational program accredited by
450	450	the Commission on Accreditation of Allied Health Education Programs
451	451	or by its successor; or
452	452	(2) an anesthesiologist assistant employed in the
453	453	service of the federal government while performing duties related
454	454	to that employment.
455	455	Sec. 207.155. TEMPORARY LICENSE. (a) The anesthesiologist
456	456	assistant board may issue a temporary license to an applicant who:
457	457	(1) meets all the qualifications for a license under
458	458	this chapter but is waiting for the license to be issued at the next
459	459	scheduled meeting of the board;
460	460	(2) seeks to temporarily substitute for a licensed
461	461	anesthesiologist assistant during the license holder's absence, if
462	462	the applicant:
463	463	(A) is licensed or registered in good standing in
464	464	another state;
465	465	(B) submits an application on a form prescribed
466	466	by the board; and
467	467	(C) pays the appropriate fee prescribed by the
468	468	board; or
469	469	(3) has graduated from an educational program for
470	470	anesthesiologist assistants described by Section 207.153(a)(1) not
471	471	later than six months before applying for a temporary license and is
472	472	waiting for examination results from the National Commission for
473	473	Certification of Anesthesiologist Assistants or another national
474	474	accrediting agency approved by the medical board.
475	475	(b) A temporary license may be valid for not more than one
476	476	year after the date issued as determined by anesthesiologist
477	477	assistant board rule.
478	478	Sec. 207.156. LICENSE RENEWAL. (a) On notification from
479	479	the anesthesiologist assistant board, a person who holds a license
480	480	under this chapter may renew the license by:
481	481	(1) paying the required renewal fee;
482	482	(2) submitting the appropriate form; and
483	483	(3) meeting any other requirement established by board
484	484	rule.
485	485	(b) The anesthesiologist assistant board by rule may adopt a
486	486	system under which licenses expire on various dates during the
487	487	year.
488	488	(c) A person who is otherwise eligible to renew a license
489	489	may renew an unexpired license by paying the required renewal fee to
490	490	the anesthesiologist assistant board before the expiration date of
491	491	the license. A person whose license has expired may not engage in
492	492	activities that require a license until the license has been
493	493	renewed.
494	494	(d) A person whose license has been expired for 90 days or
495	495	less may renew the license by paying to the anesthesiologist
496	496	assistant board a fee that is equal to 1-1/2 times the renewal fee
497	497	for the license.
498	498	(e) A person whose license has been expired for more than 90
499	499	days but less than one year may renew the license by paying to the
500	500	anesthesiologist assistant board a fee equal to two times the
501	501	renewal fee for the license.
502	502	(f) A person who was licensed in this state, moved to
503	503	another state, and is currently licensed and has been in practice in
504	504	the other state for the two years preceding the date of the
505	505	application may obtain a new license by paying to the
506	506	anesthesiologist assistant board a fee that is equal to two times
507	507	the normally required renewal fee for the license.
508	508	Sec. 205.157. CONTINUING EDUCATION REQUIREMENTS. The
509	509	anesthesiologist assistant board by rule shall establish
510	510	continuing education requirements for an anesthesiologist
511	511	assistant licensed under this chapter. The rules may require a
512	512	license holder, as a condition for license renewal, to successfully
513	513	complete the continuing education required to maintain
514	514	certification by the National Commission for Certification of
515	515	Anesthesiologist Assistants or another national certification
516	516	agency selected by the board.
517	517	Sec. 205.158. INACTIVE STATUS. (a) A person licensed under
518	518	this chapter may place the person's license on inactive status by
519	519	applying to the anesthesiologist assistant board. A person whose
520	520	license is on inactive status is not required to pay renewal fees
521	521	for the license.
522	522	(b) The holder of a license on inactive status may not
523	523	practice as an anesthesiologist assistant. A violation of this
524	524	subsection is considered to be practicing without a license.
525	525	(c) A person whose license is on inactive status under this
526	526	section may return the person's license to active status by:
527	527	(1) applying to the anesthesiologist assistant board;
528	528	(2) paying the fee established by the board for
529	529	returning a license to active status; and
530	530	(3) satisfying any other requirements established by
531	531	the board.
532	532	(d) The anesthesiologist assistant board by rule shall
533	533	establish a limit on the length of time an anesthesiologist
534	534	assistant's license may remain on inactive status.
535	535	[Sections 207.159-207.200 reserved for expansion]
536	536	SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
537	537	Sec. 207.201. SCOPE OF PRACTICE. (a) An anesthesiologist
538	538	assistant may assist the supervising anesthesiologist in
539	539	developing and implementing an anesthesia care plan for a patient.
540	540	In providing assistance to the supervising anesthesiologist, an
541	541	anesthesiologist assistant may:
542	542	(1) obtain from the patient a comprehensive patient
543	543	history, perform relevant elements of a physical examination, and
544	544	present the patient's history to the supervising anesthesiologist;
545	545	(2) pretest and calibrate anesthesia delivery systems
546	546	and obtain and interpret information from the systems and monitors,
547	547	in consultation with an anesthesiologist;
548	548	(3) initiate multiparameter monitoring before
549	549	anesthesia or in other acute care settings under anesthesiologist
550	550	supervision, including American Society of Anesthesiologists
551	551	standard monitors and arterial and venous catheters, and may use
552	552	and interpret data from central venous, pulmonary artery, and
553	553	intracranial catheters and other monitors or devices that are
554	554	indicated;
555	555	(4) establish basic and advanced airway
556	556	interventions, including intubation of the trachea and the
557	557	performance of ventilatory support;
558	558	(5) administer intermittent vasoactive drugs and
559	559	start and adjust vasoactive infusions;
560	560	(6) administer anesthetic drugs, adjuvant drugs, and
561	561	accessory drugs;
562	562	(7) assist and initiate with the supervising
563	563	anesthesiologist the performance of epidural anesthetic
564	564	procedures, spinal anesthetic procedures, and other regional
565	565	anesthetic techniques;
566	566	(8) administer blood, blood products, and supportive
567	567	fluids;
568	568	(9) provide initial cardiopulmonary resuscitation in
569	569	response to a life-threatening situation as directed by a physician
570	570	or protocol until the supervising anesthesiologist arrives;
571	571	(10) participate in administrative, research, and
572	572	clinical teaching activities as authorized by the supervising
573	573	anesthesiologist; or
574	574	(11) perform other tasks not prohibited by law that
575	575	are delegated by a licensed anesthesiologist and that the
576	576	anesthesiologist assistant has been trained and is proficient to
577	577	perform.
578	578	(b) An anesthesiologist shall at all times accept and be
579	579	responsible for the oversight of the health care services rendered
580	580	by the anesthesiologist assistant.
581	581	(c) This chapter does not prevent a third-party payor from
582	582	reimbursing the employer of an anesthesiologist assistant for
583	583	covered services rendered by the anesthesiologist assistant.
584	584	Sec. 207.202. CERTAIN PROHIBITED PRACTICES. An
585	585	anesthesiologist assistant may not:
586	586	(1) prescribe medication or a controlled substance;
587	587	(2) administer any drug, medicine, device, or therapy
588	588	the supervising anesthesiologist is not qualified or authorized to
589	589	prescribe; or
590	590	(3) practice or attempt to practice without the
591	591	supervision of an anesthesiologist or in any location where the
592	592	supervising anesthesiologist is not immediately available for
593	593	consultation, assistance, and intervention.
594	594	Sec. 207.203. IDENTIFICATION REQUIREMENTS. (a) An
595	595	anesthesiologist assistant must be clearly identified as an
596	596	anesthesiologist assistant and may not use or permit to be used on
597	597	the anesthesiologist assistant's behalf the term:
598	598	(1) "doctor," "Dr.," or "doc," or another term that
599	599	identifies the person as a physician or surgeon; or
600	600	(2) "physician assistant" or "P.A." or another term
601	601	that may imply that the anesthesiologist assistant is a physician
602	602	assistant.
603	603	(b) An anesthesiologist assistant may not refer to a license
604	604	as "board-certified" or use any other terminology that may imply
605	605	that the anesthesiologist assistant is a physician or surgeon.
606	606	(c) A student in an anesthesiologist assistant training
607	607	program shall be identified as a student anesthesiologist assistant
608	608	or an anesthesiologist assistant student. A student may not use or
609	609	permit to be used on the student's behalf the term "intern,"
610	610	"resident," or "fellow," or another term that identifies the
611	611	student as a physician or surgeon.
612	612	Sec. 207.204. SUPERVISION REQUIREMENTS. (a) An
613	613	anesthesiologist assistant shall practice only under the direct
614	614	supervision of an anesthesiologist who is physically present or
615	615	immediately available. A supervising anesthesiologist may
616	616	supervise not more than four anesthesiologist assistants
617	617	consistent with federal rules or regulations for reimbursement for
618	618	anesthesia services. An anesthesiologist assistant may have more
619	619	than one supervising anesthesiologist.
620	620	(b) Each anesthesiologist who agrees to act as the
621	621	supervising anesthesiologist of an anesthesiologist assistant
622	622	shall adopt a written practice protocol that delineates the
623	623	services the anesthesiologist assistant may provide and the manner
624	624	in which the anesthesiologist will supervise the anesthesiologist
625	625	assistant. The protocol must be based on relevant quality
626	626	assurance standards, including regular review by the supervising
627	627	anesthesiologist of the medical records of the patients cared for
628	628	by the anesthesiologist assistant.
629	629	(c) The supervising anesthesiologist shall oversee the
630	630	anesthesiologist assistant in accordance with the terms of the
631	631	protocol and rules adopted by the anesthesiologist assistant board
632	632	for the supervision of an anesthesiologist assistant. The board
633	633	may randomly audit or inspect any written practice protocol under
634	634	which an anesthesiologist assistant works.
635	635	Sec. 207.205. REQUIREMENTS OF SUPERVISING
636	636	ANESTHESIOLOGIST. (a) A supervising anesthesiologist must:
637	637	(1) hold an unrestricted and active license as a
638	638	physician in this state;
639	639	(2) be engaged full-time in the medical specialty of
640	640	anesthesiology; and
641	641	(3) be certified by the American Board of Medical
642	642	Specialties, the Bureau of Osteopathic Specialists in
643	643	Anesthesiology, or another national certifying board approved by
644	644	the medical board.
645	645	(b) An individual who does not meet the criteria under
646	646	Subsection (a) may not supervise or delegate any task to an
647	647	anesthesiologist assistant.
648	648	Sec. 207.206. ASSUMPTION OF PROFESSIONAL LIABILITY. (a)
649	649	Each supervising anesthesiologist retains legal responsibility for
650	650	an anesthesiologist assistant's patient care activities, including
651	651	the provision of care and treatment to a patient in a health care
652	652	facility.
653	653	(b) If an anesthesiologist assistant is employed by an
654	654	entity, including a health care facility, the entity shares the
655	655	legal responsibility for the anesthesiologist assistant's acts or
656	656	omissions with the anesthesiologist assistant's supervising
657	657	anesthesiologist.
658	658	Sec. 207.207. FACILITY LIMITATIONS OF FUNCTIONS. The
659	659	governing body of each facility in which anesthesiologist
660	660	assistants practice may limit the functions and activities that an
661	661	anesthesiologist assistant may perform in the facility.
662	662	[Sections 207.208-207.250 reserved for expansion]
663	663	SUBCHAPTER F. COMPLAINTS AND INVESTIGATIVE INFORMATION
664	664	Sec. 207.251. COMPLAINT INFORMATION AND STATUS. (a) The
665	665	anesthesiologist assistant board shall keep information on file
666	666	about each complaint filed with the board.
667	667	(b) If a written complaint is filed with the
668	668	anesthesiologist assistant board relating to a person licensed by
669	669	the board, the board, as often as quarterly and until final
670	670	determination of the action to be taken on the complaint, shall
671	671	notify the parties to the complaint of the status of the complaint
672	672	unless the notice would jeopardize an active investigation.
673	673	Sec. 207.252. CONDUCT OF INVESTIGATION. (a) The
674	674	anesthesiologist assistant board shall complete a preliminary
675	675	investigation of a complaint filed with the board not later than the
676	676	30th day after the date of receiving the complaint.
677	677	(b) The anesthesiologist assistant board shall first
678	678	determine whether the anesthesiologist assistant constitutes a
679	679	continuing threat to the public welfare. On completion of the
680	680	preliminary investigation, the board shall determine whether to
681	681	officially proceed on the complaint.
682	682	(c) If the anesthesiologist assistant board fails to
683	683	complete the preliminary investigation in the time required by this
684	684	section, the board's official investigation of the complaint is
685	685	considered to commence on that date.
686	686	Sec. 207.253. LICENSE HOLDER ACCESS TO COMPLAINT
687	687	INFORMATION. (a) The anesthesiologist assistant board shall
688	688	provide a license holder who is the subject of a formal complaint
689	689	filed under this chapter with access to all information in its
690	690	possession that the board intends to offer into evidence in
691	691	presenting its case at the contested hearing on the complaint,
692	692	subject to any other privilege or restriction established by rule,
693	693	statute, or legal precedent. The board shall provide the
694	694	information not later than the 30th day after receipt of a written
695	695	request from the license holder or the license holder's counsel,
696	696	unless good cause is shown for delay.
697	697	(b) Notwithstanding Subsection (a), the anesthesiologist
698	698	assistant board is not required to provide:
699	699	(1) board investigative reports;
700	700	(2) investigative memoranda;
701	701	(3) the identity of a nontestifying complainant;
702	702	(4) attorney-client communications;
703	703	(5) attorney work product; or
704	704	(6) other material covered by a privilege recognized
705	705	by the Texas Rules of Civil Procedure or the Texas Rules of
706	706	Evidence.
707	707	(c) The provision of information does not constitute a
708	708	waiver of privilege or confidentiality under this chapter or other
709	709	law.
710	710	Sec. 207.254. HEALTH CARE ENTITY REQUEST FOR INFORMATION.
711	711	On the written request of a health care entity, the
712	712	anesthesiologist assistant board shall provide to the entity:
713	713	(1) information about a complaint filed against a
714	714	license holder that was resolved after investigation by:
715	715	(A) a disciplinary order of the board; or
716	716	(B) an agreed settlement; and
717	717	(2) the basis of and current status of any complaint
718	718	under active investigation.
719	719	Sec. 207.255. CONFIDENTIALITY OF INVESTIGATIVE
720	720	INFORMATION. A complaint, adverse report, investigation file,
721	721	other report, or other investigative information in the possession
722	722	of or received or gathered by the anesthesiologist assistant board
723	723	or a board employee or agent relating to a license holder, a license
724	724	application, or a criminal investigation or proceeding is
725	725	privileged and confidential and is not subject to discovery,
726	726	subpoena, or other means of legal compulsion for release to any
727	727	person other than the board or a board employee or agent involved in
728	728	license holder discipline.
729	729	Sec. 207.256. PERMITTED DISCLOSURE OF INVESTIGATIVE
730	730	INFORMATION. (a) Investigative information in the possession of an
731	731	anesthesiologist assistant board employee or agent that relates to
732	732	the discipline of a license holder may be disclosed to:
733	733	(1) a licensing authority in another state or country
734	734	in which the license holder is licensed or has applied for a
735	735	license; or
736	736	(2) a peer review committee reviewing:
737	737	(A) an application for privileges; or
738	738	(B) the qualifications of the license holder with
739	739	respect to retaining privileges.
740	740	(b) If investigative information in the possession of the
741	741	anesthesiologist assistant board or a board employee or agent
742	742	indicates that a crime may have been committed, the board shall
743	743	report the information to the proper law enforcement agency. The
744	744	board shall cooperate with and assist each law enforcement agency
745	745	conducting a criminal investigation of a license holder by
746	746	providing information relevant to the investigation. Confidential
747	747	information disclosed by the board to a law enforcement agency
748	748	under this subsection remains confidential and may not be disclosed
749	749	by the law enforcement agency except as necessary to further the
750	750	investigation.
751	751	[Sections 207.257-207.300 reserved for expansion]
752	752	SUBCHAPTER G. DISCIPLINARY PROCEEDINGS
753	753	Sec. 207.301. DISCIPLINE AUTHORITY OF BOARD. (a) On a
754	754	determination that an applicant or license holder committed an act
755	755	described in Section 207.302, the anesthesiologist assistant board
756	756	by order shall take any of the following actions:
757	757	(1) deny the person's application for a license or
758	758	license renewal or revoke the person's license or other
759	759	authorization;
760	760	(2) require the person to submit to the care,
761	761	counseling, or treatment of a health care practitioner designated
762	762	by the board;
763	763	(3) stay enforcement of an order and place the person
764	764	on probation;
765	765	(4) require the person to complete additional
766	766	training;
767	767	(5) suspend, limit, or restrict the person's license,
768	768	including:
769	769	(A) limiting the practice of the person to, or
770	770	excluding from the practice, one or more specified activities of
771	771	the practice as an anesthesiologist assistant; or
772	772	(B) stipulating periodic board review;
773	773	(6) assess an administrative penalty;
774	774	(7) order the person to perform public service; or
775	775	(8) administer a public reprimand.
776	776	(b) If the anesthesiologist assistant board stays
777	777	enforcement of an order and places a person on probation, the board
778	778	retains the right to vacate the probationary stay and enforce the
779	779	original order for noncompliance with the terms of probation or
780	780	impose any other remedial measure or sanction authorized by this
781	781	section.
782	782	(c) The anesthesiologist assistant board may restore or
783	783	reissue a license or remove any disciplinary or corrective measure
784	784	that the board has imposed.
785	785	Sec. 207.302. CONDUCT INDICATING LACK OF FITNESS. The
786	786	anesthesiologist assistant board may take action under Section
787	787	207.301 against an applicant or license holder who:
788	788	(1) uses or unlawfully possesses a controlled
789	789	substance or alcoholic beverage to the extent that the person
790	790	cannot safely perform as an anesthesiologist assistant;
791	791	(2) has been finally adjudicated and found guilty, or
792	792	entered a plea of guilty or nolo contendere, in a criminal
793	793	prosecution under the laws of any state or of the United States, for
794	794	an offense reasonably related to the qualifications, functions, or
795	795	duties of an anesthesiologist assistant, for an offense for which
796	796	an essential element is fraud, dishonesty, or an act of violence, or
797	797	for an offense involving moral turpitude;
798	798	(3) has used fraud, deception, misrepresentation, or
799	799	bribery in:
800	800	(A) securing a certificate of registration or
801	801	authority issued under other law, a permit issued under other law,
802	802	or a license issued under this chapter; or
803	803	(B) obtaining permission to take an examination
804	804	given or required under this chapter;
805	805	(4) obtains or attempts to obtain a fee, charge,
806	806	tuition, or other compensation by fraud, deception, or
807	807	misrepresentation;
808	808	(5) has acted with incompetence, misconduct, gross
809	809	negligence, fraud, misrepresentation, or dishonesty in the
810	810	performance of the functions and duties of an anesthesiologist
811	811	assistant;
812	812	(6) has violated or has assisted or enabled another
813	813	person to violate any provision of this chapter or a rule adopted
814	814	under this chapter;
815	815	(7) has impersonated a person holding a certificate of
816	816	registration or authority, permit, or license, or allowed a person
817	817	to use a certificate of registration or authority, permit, license,
818	818	or diploma from any school;
819	819	(8) is subject to disciplinary action relating to
820	820	practice as an anesthesiologist assistant by another state,
821	821	territory, federal agency, or country on grounds for which
822	822	revocation or suspension is also authorized in this state;
823	823	(9) has been adjudicated as mentally incompetent;
824	824	(10) assists or enables another person to practice or
825	825	offer to practice as an anesthesiologist assistant if the person is
826	826	not licensed and currently eligible to practice under this chapter;
827	827	(11) is issued a certificate of registration or
828	828	authority under other law, a permit under other law, or a license
829	829	under this chapter based on a material mistake of fact;
830	830	(12) violates a professional trust or confidence; or
831	831	(13) violates any ethical standard for an
832	832	anesthesiologist assistant as defined by board rule.
833	833	Sec. 207.303. PHYSICAL OR MENTAL EXAMINATION. (a) The
834	834	anesthesiologist assistant board shall adopt guidelines, in
835	835	conjunction with persons interested in or affected by this section,
836	836	to enable the board to evaluate circumstances in which an
837	837	anesthesiologist assistant or applicant may be required to submit
838	838	to an examination for mental or physical health conditions, alcohol
839	839	and substance abuse, or professional behavior problems.
840	840	(b) The anesthesiologist assistant board shall refer an
841	841	anesthesiologist assistant or applicant with a physical or mental
842	842	health condition to the most appropriate medical specialist for
843	843	evaluation. The board may not require an anesthesiologist
844	844	assistant or applicant to submit to an examination by a physician
845	845	having a specialty specified by the board unless medically
846	846	indicated. The board may not require an anesthesiologist assistant
847	847	or applicant to submit to an examination to be conducted an
848	848	unreasonable distance from the person's home or place of business
849	849	unless the anesthesiologist assistant or applicant resides and
850	850	works in an area in which there are a limited number of appropriate
851	851	medical specialists able to perform an appropriate examination.
852	852	(c) The guidelines adopted under this section do not impair
853	853	or remove the anesthesiologist assistant board's power to make an
854	854	independent licensing decision.
855	855	Sec. 207.304. PROTECTION OF PATIENT IDENTITY. In a
856	856	disciplinary investigation or proceeding conducted under this
857	857	chapter, the anesthesiologist assistant board shall protect the
858	858	identity of each patient whose medical records are examined and
859	859	used in a public proceeding, unless the patient:
860	860	(1) testifies in the public proceeding; or
861	861	(2) submits a written release with regard to the
862	862	patient's records or identity.
863	863	Sec. 207.305. TEMPORARY SUSPENSION. (a) The presiding
864	864	officer of the anesthesiologist assistant board, with board
865	865	approval, shall appoint a three-member disciplinary panel
866	866	consisting of board members to determine whether a person's license
867	867	to practice as an anesthesiologist assistant should be temporarily
868	868	suspended.
869	869	(b) If the disciplinary panel determines from the evidence
870	870	or information presented to the panel that a person licensed to
871	871	practice as an anesthesiologist assistant would, by the person's
872	872	continuation in practice, constitute a continuing threat to the
873	873	public welfare, the disciplinary panel shall temporarily suspend
874	874	the license of that person.
875	875	(c) A license may be suspended under this section without
876	876	notice or hearing on the complaint if:
877	877	(1) institution of proceedings for a hearing before
878	878	the anesthesiologist assistant board is initiated simultaneously
879	879	with the temporary suspension; and
880	880	(2) a hearing is held under Chapter 2001, Government
881	881	Code, and this chapter as soon as possible.
882	882	(d) Notwithstanding Chapter 551, Government Code, the
883	883	disciplinary panel may hold a meeting by telephone conference call
884	884	if immediate action is required and convening the panel at one
885	885	location is inconvenient for any member of the panel.
886	886	Sec. 207.306. SURRENDER OF LICENSE. (a) The
887	887	anesthesiologist assistant board may accept the voluntary
888	888	surrender of a license.
889	889	(b) A surrendered license may not be returned to the license
890	890	holder unless the anesthesiologist assistant board determines,
891	891	under board rules, that the former holder of the license is
892	892	competent to resume practice.
893	893	(c) The anesthesiologist assistant board by rule shall
894	894	establish guidelines for determining the competency of a former
895	895	license holder to return to practice.
896	896	[Sections 207.307-207.350 reserved for expansion]
897	897	SUBCHAPTER H. PENALTIES AND ENFORCEMENT PROVISIONS
898	898	Sec. 207.351. ADMINISTRATIVE PENALTY. (a) The
899	899	anesthesiologist assistant board by order may impose an
900	900	administrative penalty against a person licensed under this chapter
901	901	who violates this chapter or a rule or order adopted under this
902	902	chapter.
903	903	(b) The penalty may be in an amount not to exceed $2,000.
904	904	Each day a violation continues or occurs is a separate violation for
905	905	purposes of imposing a penalty.
906	906	(c) The anesthesiologist assistant board shall base the
907	907	amount of the penalty on:
908	908	(1) the severity of patient harm;
909	909	(2) the severity of economic harm to any person;
910	910	(3) the severity of any environmental harm;
911	911	(4) increased potential for harm to the public;
912	912	(5) any attempted concealment of misconduct;
913	913	(6) any premeditated or intentional misconduct;
914	914	(7) the motive for the violation;
915	915	(8) prior misconduct of a similar or related nature;
916	916	(9) the license holder's disciplinary history;
917	917	(10) prior written warnings or written admonishments
918	918	from any government agency or official regarding statutes or
919	919	regulations relating to the misconduct;
920	920	(11) violation of a board order;
921	921	(12) failure to implement remedial measures to correct
922	922	or mitigate harm from the misconduct;
923	923	(13) lack of rehabilitative potential or likelihood of
924	924	future misconduct of a similar nature;
925	925	(14) relevant circumstances increasing the
926	926	seriousness of the misconduct; and
927	927	(15) any other matter that justice may require.
928	928	(d) The anesthesiologist assistant board by rule shall
929	929	prescribe the procedure by which it may impose an administrative
930	930	penalty. A proceeding under this section is subject to Chapter
931	931	2001, Government Code.
932	932	(e) If the anesthesiologist assistant board by order
933	933	determines that a violation has occurred and imposes an
934	934	administrative penalty, the board shall give notice to the person
935	935	of the board's order. The notice must include a statement of the
936	936	person's right to judicial review of the order.
937	937	Sec. 207.352. CRIMINAL PENALTY. (a) A person commits an
938	938	offense if, without holding a license issued under this chapter,
939	939	the person:
940	940	(1) represents that the person is an anesthesiologist
941	941	assistant;
942	942	(2) uses any combination or abbreviation of the term
943	943	"anesthesiologist assistant" to indicate or imply that the person
944	944	is an anesthesiologist assistant; or
945	945	(3) acts as an anesthesiologist assistant.
946	946	(b) An offense under this section is a felony of the third
947	947	degree.
948	948	Sec. 207.353. CEASE AND DESIST ORDER. (a) If it appears to
949	949	the anesthesiologist assistant board that a person who is not
950	950	licensed under this chapter is violating this chapter, a rule
951	951	adopted under this chapter, or another state statute or rule
952	952	relating to anesthesiologist assistant practice, the board after
953	953	notice and opportunity for a hearing may issue a cease and desist
954	954	order prohibiting the person from engaging in the activity.
955	955	(b) A violation of an order under this section constitutes
956	956	grounds for imposing an administrative penalty under this
957	957	subchapter.
958	958	SECTION 5. As soon as practicable after the effective date
959	959	of this Act, the governor shall appoint six members to the Texas
960	960	Anesthesiologist Assistant Board in accordance with Chapter 207,
961	961	Occupations Code, as added by this Act. In making the initial
962	962	appointments, the governor shall designate two members for terms
963	963	expiring January 31, 2012, two members for terms expiring January
964	964	31, 2013, and two members for terms expiring January 31, 2014.
965	965	SECTION 6. Not later than June 1, 2010, the Texas Medical
966	966	Board with the advice of the Texas Anesthesiologist Assistant Board
967	967	shall adopt the rules, procedures, and fees necessary to administer
968	968	Chapter 207, Occupations Code, as added by this Act.
969	969	SECTION 7. Notwithstanding Chapter 207, Occupations Code,
970	970	as added by this Act, an anesthesiologist assistant is not required
971	971	to hold a license under that chapter to practice as an
972	972	anesthesiologist assistant in this state before September 1, 2010.
973	973	SECTION 8. (a) Except as provided by Subsection (b) of this
974	974	section, this Act takes effect September 1, 2009.
975	975	(b) Sections 207.151 and 207.352, Occupations Code, as
976	976	added by this Act, take effect September 1, 2010.