Texas Senate Bill SB1271

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/17/09
• Voted on by Senate: 4/23/09
• Out of House Committee: 5/12/09
• Voted on by House: 5/15/09
• Governor Action: 5/27/09
• Enrolled: 5/18/09
• Passed: 5/27/09

Caption

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.

Impact

The enactment of SB1271 will significantly affect the practices of both orthotists and prosthetists in Texas. It introduces a clear distinction between those who work under direct orders from healthcare providers and those who operate independently without such orders. The bill aims to enhance patient safety by ensuring that any custom device fabrication is conducted by professionals who meet higher licensing standards. This could improve the quality and accountability of the devices provided to patients and reduce potential complications due to poorly manufactured products.

Summary

Senate Bill 1271 introduces a new requirement for orthotists and prosthetists in Texas regarding their licensing as device manufacturers. The bill stipulates that these professionals must obtain a device manufacturer license if they fabricate or assemble orthoses or prostheses without an order from specific healthcare professionals, such as licensed physicians, chiropractors, or podiatrists. This aims to create a more regulated environment for orthotic and prosthetic services and ensure that these medical devices are created under appropriate oversight.

Contention

One notable point of contention surrounding SB1271 could arise from the additional regulatory burden placed on practitioners who may need to seek additional licensing to continue their work. Critics might argue that this bill could restrict access to orthotic and prosthetic care for some patients, particularly if fewer practitioners are willing or able to comply with the new licensing requirements. Proponents, on the other hand, may argue that these constraints are necessary to ensure patient safety and the integrity of care provided in this specialized field.