Texas 2009 - 81st Regular

Texas Senate Bill SB775 Compare Versions

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

Old	New	Differences
1	1	81R6033 YDB-D
2	2	By: Lucio S.B. No. 775
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of clinical laboratory
8	8	science professionals; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle M, Title 3, Occupations Code, is
11	11	amended by adding Chapter 703 to read as follows:
12	12	CHAPTER 703. CLINICAL LABORATORY SCIENCE PROFESSIONALS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 703.001. SHORT TITLE. This chapter may be cited as the
15	15	Clinical Laboratory Science Practice Act.
16	16	Sec. 703.002. PUBLIC POLICY; LEGISLATIVE PURPOSE. (a) The
17	17	legislature declares as a policy of this state that:
18	18	(1) the practice of clinical laboratory science by
19	19	health care professionals affects the public health, safety, and
20	20	welfare and is subject to control and regulation in the public
21	21	interest; and
22	22	(2) clinical laboratories and clinical laboratory
23	23	science professionals provide essential services to health care
24	24	professionals by furnishing vital information that may be used in
25	25	the diagnosis, prevention, and treatment of diseases or impairment
26	26	and the assessment of human health.
27	27	(b) The purpose of this chapter is to ensure better
28	28	protection of the public health by:
29	29	(1) requiring minimum qualifications for clinical
30	30	laboratory science professionals; and
31	31	(2) ensuring that clinical laboratory tests are
32	32	performed with the highest degree of professional competency by
33	33	individuals engaged in providing the services in this state.
34	34	Sec. 703.003. DEFINITIONS. In this chapter:
35	35	(1) "Advisory board" means the Clinical Laboratory
36	36	Science Advisory Board.
37	37	(2) "Categorical clinical laboratory scientist" means
38	38	an individual licensed under this chapter to perform clinical
39	39	laboratory scientist services in one major practice area of a
40	40	laboratory.
41	41	(3) "Clinical laboratory" means a facility in which a
42	42	clinical laboratory test is performed.
43	43	(4) "Clinical laboratory science professional" means
44	44	an individual licensed under this chapter to practice clinical
45	45	laboratory science.
46	46	(5) "Clinical laboratory scientist" means an
47	47	individual licensed under this chapter to perform clinical
48	48	laboratory scientist services. The term includes a medical
49	49	technologist.
50	50	(6) "Clinical laboratory scientist services" means:
51	51	(A) the performance of clinical laboratory
52	52	tests;
53	53	(B) the establishment and implementation of
54	54	protocols, quality assessment, method development and selection,
55	55	equipment selection and maintenance, and all activities related to
56	56	the pre-analytic, analytic, and post-analytic phases of clinical
57	57	laboratory testing; and
58	58	(C) the direction, supervision, consultation,
59	59	education, and performance of research functions related to
60	60	clinical laboratory testing.
61	61	(7) "Clinical laboratory specialist in cytogenetics"
62	62	means an individual licensed under this chapter to perform
63	63	cytogenetic testing, including culturing, harvesting, staining,
64	64	microscopy, and chromosome analysis, and to direct, supervise,
65	65	consult, educate, and perform research functions related to
66	66	clinical laboratory testing.
67	67	(8) "Clinical laboratory specialist in
68	68	histocompatibility" means an individual licensed under this
69	69	chapter to perform histocompatibility testing by molecular and
70	70	serological techniques and to direct, supervise, consult, educate,
71	71	and perform research functions related to clinical laboratory
72	72	testing.
73	73	(9) "Clinical laboratory specialist in molecular
74	74	biology" means an individual licensed under this chapter to perform
75	75	each aspect of molecular analysis, including recombinant DNA
76	76	technology, polymerase chain reaction, and hybridization
77	77	techniques and to direct, supervise, consult, educate, and perform
78	78	research functions related to clinical laboratory testing.
79	79	(10) "Clinical laboratory technician" means an
80	80	individual licensed under this chapter to perform clinical
81	81	laboratory technician services. The term includes a medical
82	82	laboratory technician.
83	83	(11) "Clinical laboratory technician services" means
84	84	the performance of clinical laboratory tests in accordance with
85	85	established and approved protocols that require the limited
86	86	exercise of independent judgment and are performed under the
87	87	supervision of a clinical laboratory scientist, laboratory
88	88	supervisor, or laboratory director.
89	89	(12) "Clinical laboratory test" means a
90	90	microbiological, serological, chemical, biological,
91	91	hematological, immunological, immunohematological, radiobioassay,
92	92	cytochemical, cytobiological, or biophysical test or procedure
93	93	performed on material derived from or existing in a human body that
94	94	provides information for the diagnosis, prevention, or monitoring
95	95	of a disease or impairment or assessment of a clinical condition.
96	96	The term includes the pre-analytic, analytic, and post-analytic
97	97	phases of testing.
98	98	(13) "Commissioner" means the commissioner of state
99	99	health services.
100	100	(14) "Department" means the Department of State Health
101	101	Services.
102	102	(15) "Executive commissioner" means the executive
103	103	commissioner of the Health and Human Services Commission.
104	104	(16) "Point-of-care testing" means analytical patient
105	105	testing activities provided at a health care facility but performed
106	106	outside the central medical laboratory facilities that do not
107	107	require permanent dedicated space, including testing using
108	108	analytical instruments at a temporary patient care location.
109	109	(17) "Practice of clinical laboratory science" means
110	110	practice by an individual who manages, supervises, educates,
111	111	consults, researches, or performs clinical laboratory testing or
112	112	technical procedures in a clinical laboratory. The term does not
113	113	include the activities of a licensed physician or of a person
114	114	performing only clerical duties or other duties not directly
115	115	related to the performance of clinical laboratory testing.
116	116	(18) "Trainee" means an individual who has not
117	117	fulfilled the educational requirements to take an approved
118	118	nationally recognized certification examination or who is in the
119	119	process of obtaining full-time comprehensive experience under
120	120	supervision.
121	121	(19) "Waived test" means a simple laboratory
122	122	examination or procedure that, under the United States Food and
123	123	Drug Administration's interpretation of the Clinical Laboratory
124	124	Improvement Amendments (42 C.F.R. Part 493), employs a simple and
125	125	accurate methodology that renders the likelihood of erroneous
126	126	results negligible or poses no reasonable risk of harm to the
127	127	patient if performed incorrectly.
128	128	Sec. 703.004. EXEMPTIONS. This chapter does not apply to:
129	129	(1) an individual licensed under the laws of this
130	130	state and engaged in health care services within the scope of the
131	131	license holder's licensed practice;
132	132	(2) an individual engaged in the practice of clinical
133	133	laboratory science in the employ of the federal government or a
134	134	federal bureau, division, or agency and in the discharge of the
135	135	employee's official duties;
136	136	(3) an individual engaged in the practice of clinical
137	137	laboratory science and engaged exclusively in research, provided
138	138	that the results of an examination performed are not used in health
139	139	maintenance, diagnosis, or treatment of disease;
140	140	(4) a student or trainee enrolled in a clinical
141	141	laboratory science education program, provided that:
142	142	(A) the activities constitute a part of a planned
143	143	course in the program;
144	144	(B) the individual is designated by title as an
145	145	intern, trainee, or student; and
146	146	(C) the individual works directly under an
147	147	individual licensed by this state to practice clinical laboratory
148	148	science or an individual exempt from this chapter under Subdivision
149	149	(3);
150	150	(5) an individual solely performing waived or
151	151	provider-performed microscopy tests under the Clinical Laboratory
152	152	Improvement Amendments (42 C.F.R. Part 493); or
153	153	(6) an individual performing tests categorized under
154	154	the Clinical Laboratory Improvement Amendments (42 C.F.R. Part 493)
155	155	as non-waived point-of-care testing, but only if the acute care
156	156	facility complies with the following requirements:
157	157	(A) in the laboratory, a clinical laboratory
158	158	scientist or individual who qualifies as a laboratory director
159	159	under the Clinical Laboratory Improvement Amendments (42 C.F.R.
160	160	Part 493) is responsible for:
161	161	(i) designing and providing or supervising
162	162	the training programs for the point-of-care testing personnel;
163	163	(ii) supervising and monitoring the quality
164	164	assurance and quality control activities of the testing site;
165	165	(iii) assisting in the selection of
166	166	technology;
167	167	(iv) reviewing the results of proficiency
168	168	testing and recommending corrective action, if necessary; and
169	169	(v) monitoring the continued competency of
170	170	the testing personnel; and
171	171	(B) processes are in place at the facility and
172	172	are acceptable to the department to ensure and document the
173	173	continued competency of the point-of-care testing personnel.
174	174	Sec. 703.005. APPLICATION OF SUNSET ACT. The Clinical
175	175	Laboratory Science Advisory Board is subject to Chapter 325,
176	176	Government Code (Texas Sunset Act). Unless continued in existence
177	177	as provided by that chapter, the advisory board is abolished and
178	178	this chapter expires September 1, 2021.
179	179	[Sections 703.006-703.050 reserved for expansion]
180	180	SUBCHAPTER B. EXECUTIVE COMMISSIONER, COMMISSIONER, AND
181	181	DEPARTMENT POWERS AND DUTIES
182	182	Sec. 703.051. RULES. (a) The executive commissioner shall
183	183	adopt rules necessary to administer this chapter, including rules
184	184	on:
185	185	(1) the qualifications for licensure under each
186	186	category of clinical laboratory science professional;
187	187	(2) the renewal of licensure;
188	188	(3) standards of professional conduct for each
189	189	category of clinical laboratory science professional;
190	190	(4) authorization or approval of nationally
191	191	recognized, validated, criterion-based certification examinations
192	192	for clinical laboratory science professionals; and
193	193	(5) criteria for the continuing education of clinical
194	194	laboratory science professionals as required for license renewal.
195	195	(b) The executive commissioner by rule shall prescribe the
196	196	activities that may be performed by each category of license holder
197	197	under this chapter.
198	198	Sec. 703.052. FEES. The commissioner shall establish and
199	199	collect reasonable and necessary fees in amounts sufficient to
200	200	cover the costs of administering this chapter.
201	201	Sec. 703.053. DEPARTMENT POWERS AND DUTIES. (a) The
202	202	department may authorize disbursements necessary to implement this
203	203	chapter, including disbursements for office expenses, equipment
204	204	costs, and other necessary facilities.
205	205	(b) The department may examine any criminal conviction,
206	206	guilty plea, or deferred adjudication of an applicant for issuance
207	207	or renewal of a license, including by obtaining any criminal
208	208	history record information permitted by law.
209	209	Sec. 703.054. PERSONNEL. The department may employ
210	210	personnel necessary to administer this chapter.
211	211	Sec. 703.055. REGISTRY OF LICENSE HOLDERS. (a) The
212	212	department shall maintain a registry of the name and addresses of
213	213	each individual licensed under this chapter and each individual
214	214	whose license has been suspended or revoked in the preceding year.
215	215	(b) The department shall post the registry on the
216	216	department's Internet website and make copies of the registry
217	217	available to the public on request.
218	218	Sec. 703.056. CONSUMER INTEREST INFORMATION. (a) The
219	219	department shall prepare information of consumer interest
220	220	describing:
221	221	(1) the functions performed by the department under
222	222	this chapter; and
223	223	(2) the rights of a consumer affected by this chapter.
224	224	(b) The information must describe the procedure by which a
225	225	consumer complaint is filed with and resolved by the department.
226	226	(c) The department shall make the information available to
227	227	the public.
228	228	[Sections 703.057-703.100 reserved for expansion]
229	229	SUBCHAPTER C. CLINICAL LABORATORY SCIENCE ADVISORY BOARD
230	230	Sec. 703.101. ADVISORY BOARD. (a) The Clinical Laboratory
231	231	Science Advisory Board is an advisory body to the department and
232	232	executive commissioner.
233	233	(b) The advisory board consists of seven members appointed
234	234	by the governor as follows:
235	235	(1) four members who are licensed clinical laboratory
236	236	science professionals, with at least one who is not a physician
237	237	laboratory director and at least one who is a clinical laboratory
238	238	scientist;
239	239	(2) one member who is a physician certified by the
240	240	American Board of Pathology, the American Board of Osteopathic
241	241	Pathology, or another certification board the department
242	242	determines has certification requirements at least as stringent as
243	243	those of the American Board of Pathology or the American Board of
244	244	Osteopathic Pathology;
245	245	(3) one member who is a physician and is not a
246	246	laboratory director or pathologist; and
247	247	(4) one public member.
248	248	(c) The governor may make appointments to the advisory board
249	249	from lists submitted by organizations of clinical laboratory
250	250	science professionals and organizations of physician pathologists.
251	251	(d) Chapter 2110, Government Code, does not apply to the
252	252	advisory board.
253	253	Sec. 703.102. TERMS; VACANCIES. (a) Members serve
254	254	staggered three-year terms and until their successors are appointed
255	255	and qualified.
256	256	(b) A vacancy shall be filled for the remainder of the
257	257	unexpired term in the same manner as an original appointment.
258	258	(c) A member may not serve more than two consecutive terms.
259	259	Sec. 703.103. PUBLIC MEMBER ELIGIBILITY. A member who
260	260	represents the public may not be:
261	261	(1) an officer, director, or employee of an individual
262	262	regulated under this chapter;
263	263	(2) an individual required to register as a lobbyist
264	264	under Chapter 305, Government Code; or
265	265	(3) an individual related to an individual described
266	266	by Subdivision (1) or (2) within the second degree by affinity or
267	267	consanguinity.
268	268	Sec. 703.104. COMPENSATION; REIMBURSEMENT. A member of the
269	269	advisory board serves without compensation. If authorized by the
270	270	commissioner, an advisory board member is entitled to reimbursement
271	271	for actual and necessary expenses incurred in performing the
272	272	functions of the advisory board, subject to the General
273	273	Appropriations Act.
274	274	Sec. 703.105. MEETINGS. The advisory board shall meet
275	275	twice annually and may meet at other times at the call of the
276	276	commissioner.
277	277	Sec. 703.106. ADVISORY BOARD DUTIES. The advisory board
278	278	shall provide advice and recommendations to the department and
279	279	executive commissioner on technical matters relevant to the
280	280	administration and enforcement of this chapter, including
281	281	examination approval, licensing standards and qualifications,
282	282	renewal requirements, standards of professional conduct, and
283	283	continuing education requirements.
284	284	[Sections 703.107-703.150 reserved for expansion]
285	285	SUBCHAPTER D. LICENSE REQUIREMENTS
286	286	Sec. 703.151. LICENSE REQUIRED. (a) Except as provided by
287	287	Section 703.004, an individual may not perform or offer to perform
288	288	clinical laboratory tests or represent that the individual is a
289	289	clinical laboratory science professional unless the individual
290	290	holds an appropriate license issued under this chapter.
291	291	(b) The executive commissioner by rule may establish the
292	292	qualifications and licensing requirements for additional
293	293	categories of clinical laboratory license professionals as the
294	294	executive commissioner determines necessary to protect the public
295	295	health and safety.
296	296	Sec. 703.152. APPLICATION REQUIREMENTS. (a) An applicant
297	297	for a license under this chapter must:
298	298	(1) submit to the department a completed application
299	299	on a form prescribed by the commissioner;
300	300	(2) submit to the department any other information
301	301	required by department rule;
302	302	(3) demonstrate to the satisfaction of the
303	303	commissioner the qualifications required by this chapter and
304	304	department rule;
305	305	(4) demonstrate the applicant's honesty,
306	306	trustworthiness, and integrity; and
307	307	(5) pay the application fee.
308	308	(b) The department shall issue the appropriate license to
309	309	each individual who meets the qualifications required by this
310	310	chapter and department rule.
311	311	(c) The department may conduct an examination of any
312	312	criminal conviction of an applicant, including obtaining any
313	313	criminal history record information permitted by law.
314	314	Sec. 703.153. CLINICAL LABORATORY SCIENTIST. An applicant
315	315	for a clinical laboratory scientist license must:
316	316	(1) hold a baccalaureate degree from a regionally
317	317	accredited college or university;
318	318	(2) have successfully completed the clinical
319	319	laboratory experience or training required by department rule;
320	320	(3) be certified by a nationally recognized
321	321	certification organization approved by the executive commissioner;
322	322	(4) pay the application fee and license fee; and
323	323	(5) comply with any other requirements established by
324	324	department rule.
325	325	Sec. 703.154. CATEGORICAL CLINICAL LABORATORY SCIENTIST.
326	326	An applicant for a categorical clinical laboratory scientist
327	327	license must:
328	328	(1) hold a baccalaureate degree from a regionally
329	329	accredited college or university;
330	330	(2) have successfully completed the clinical
331	331	laboratory experience or training required by department rule;
332	332	(3) be certified by a nationally recognized
333	333	certification organization approved by the executive commissioner;
334	334	(4) pay the application fee and license fee; and
335	335	(5) comply with any other requirements established by
336	336	department rule.
337	337	Sec. 703.155. CLINICAL LABORATORY TECHNICIAN. An applicant
338	338	for a clinical laboratory technician license must:
339	339	(1) hold at least an associate degree from a
340	340	regionally accredited college or university;
341	341	(2) have successfully completed the clinical
342	342	laboratory experience or training required by department rule;
343	343	(3) be certified by a nationally recognized
344	344	certification organization approved by the executive commissioner;
345	345	(4) pay the application fee and license fee; and
346	346	(5) comply with any other requirements established by
347	347	department rule.
348	348	Sec. 703.156. CLINICAL LABORATORY SPECIALIST IN MOLECULAR
349	349	BIOLOGY. An applicant for a clinical laboratory specialist in
350	350	molecular biology license must:
351	351	(1) hold a baccalaureate degree from a regionally
352	352	accredited college or university;
353	353	(2) have successfully completed the clinical
354	354	laboratory experience or training required by department rule;
355	355	(3) be certified by a nationally recognized
356	356	certification organization approved by the executive commissioner;
357	357	(4) pay the application fee and license fee; and
358	358	(5) comply with any other requirements established by
359	359	department rule.
360	360	Sec. 703.157. CLINICAL LABORATORY SPECIALIST IN
361	361	CYTOGENETICS. An applicant for a clinical laboratory specialist in
362	362	cytogenetics license must:
363	363	(1) hold a baccalaureate degree from a regionally
364	364	accredited college or university;
365	365	(2) have successfully completed the clinical
366	366	laboratory experience or training required by department rule;
367	367	(3) be certified by a nationally recognized
368	368	certification organization approved by the executive commissioner;
369	369	(4) pay the application fee and license fee; and
370	370	(5) comply with any other requirements established by
371	371	department rule.
372	372	Sec. 703.158. CLINICAL LABORATORY SPECIALIST IN
373	373	HISTOCOMPATIBILITY. An applicant for a clinical laboratory
374	374	specialist in histocompatibility license must:
375	375	(1) hold a baccalaureate degree from a regionally
376	376	accredited college or university;
377	377	(2) have successfully completed the clinical
378	378	laboratory experience or training required by department rule;
379	379	(3) be certified by a nationally recognized
380	380	certification organization approved by the executive commissioner;
381	381	(4) pay the application fee and license fee; and
382	382	(5) comply with any other requirements established by
383	383	department rule.
384	384	Sec. 703.159. TEMPORARY LICENSE. (a) The executive
385	385	commissioner by rule may establish a procedure for issuance of
386	386	temporary licenses to individuals otherwise qualified under this
387	387	chapter who intend to engage in the practice of clinical laboratory
388	388	science in this state for a limited period not to exceed one year.
389	389	(b) Unless otherwise noted on the license, a temporary
390	390	license is valid until the first anniversary of the date of issuance
391	391	and may be renewed once at the discretion of the commissioner.
392	392	Sec. 703.160. PROVISIONAL LICENSE. The department may
393	393	issue a provisional license under this chapter to an applicant who
394	394	holds a license in another state, submits a proper application, and
395	395	pays the required fees if the department determines that the
396	396	applicant is licensed in a state in which the requirements for
397	397	issuance of the license are at least as stringent as the
398	398	requirements under this chapter and department rule.
399	399	Sec. 703.161. LICENSE RENEWAL. (a) A license issued under
400	400	this chapter expires on the second anniversary of the date of
401	401	issuance.
402	402	(b) A license holder may renew the license by paying the
403	403	required renewal fee and:
404	404	(1) successfully completing at least 10 hours each
405	405	year of continuing education courses, clinics, lectures, training
406	406	programs, seminars, or other programs related to clinical
407	407	laboratory practice that are approved or accepted by the
408	408	department; or
409	409	(2) successfully completing recertification by a
410	410	national certifying organization recognized by the department that
411	411	mandates at least 10 hours each year of continuing education for
412	412	recertification.
413	413	(c) The executive commissioner by rule may require
414	414	additional evidence of competency to practice clinical laboratory
415	415	science as the executive commissioner considers reasonably
416	416	appropriate as a prerequisite to the renewal of any license under
417	417	this chapter if the requirements are:
418	418	(1) uniformly applied;
419	419	(2) reasonably related to the measurement of
420	420	qualification, performance, or competence; and
421	421	(3) desirable and necessary for the protection of the
422	422	public health.
423	423	[Sections 703.162-703.200 reserved for expansion]
424	424	SUBCHAPTER E. LICENSE DENIAL AND DISCIPLINARY ACTION
425	425	Sec. 703.201. GROUNDS FOR DISCIPLINARY ACTION. The
426	426	department may refuse to issue or renew, revoke, or suspend a
427	427	license, place on probation, censure, or reprimand a license
428	428	holder, or take any other disciplinary action, including the
429	429	imposition of a civil penalty under Section 703.202 or the
430	430	imposition of an administrative penalty under Section 703.204, the
431	431	department considers appropriate for:
432	432	(1) a material misstatement in furnishing information
433	433	to the department;
434	434	(2) a violation or negligent or intentional disregard
435	435	of this chapter or a rule adopted under this chapter;
436	436	(3) a conviction for any crime under the laws of the
437	437	United States or any state of the United States that is a felony or a
438	438	misdemeanor, an essential element of which is dishonesty, or of any
439	439	crime that is directly related to the practice of the profession;
440	440	(4) a misrepresentation made to obtain a license;
441	441	(5) a violation of any standard of professional
442	442	conduct adopted by the executive commissioner;
443	443	(6) dishonorable, unethical, or unprofessional
444	444	conduct of a character likely to deceive, defraud, or harm the
445	445	public;
446	446	(7) the provision of professional services while
447	447	mentally incompetent or under the influence of alcohol, a narcotic,
448	448	or a controlled dangerous substance that is in excess of
449	449	therapeutic amounts or without valid medical indication;
450	450	(8) directly or indirectly contracting to perform
451	451	clinical laboratory tests in a manner that offers or implies an
452	452	offer of rebate, fee-splitting inducements or arrangements, or
453	453	other remuneration;
454	454	(9) aiding or assisting another individual in
455	455	violating any provision of this chapter or a rule adopted under this
456	456	chapter; or
457	457	(10) a misrepresentation with regard to the existence
458	458	or category of license or other certification or professional
459	459	qualification held in connection with any employment application.
460	460	Sec. 703.202. CIVIL PENALTY. (a) A person who violates
461	461	this chapter or a rule adopted under this chapter is liable to this
462	462	state for a civil penalty of not more than $500 for each violation.
463	463	(b) The amount of the penalty shall be based on:
464	464	(1) the seriousness of the violation;
465	465	(2) the history of previous violations;
466	466	(3) the amount necessary to deter a future violation;
467	467	and
468	468	(4) any other matter that justice may require.
469	469	(c) The attorney general may sue to collect a civil penalty
470	470	under this section. In the suit the attorney general may recover,
471	471	on behalf of the state, the reasonable expenses incurred in
472	472	obtaining the penalty, including investigation and court costs,
473	473	reasonable attorney's fees, witness fees, and other expenses.
474	474	Sec. 703.203. HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If
475	475	the department proposes to deny a license or take disciplinary
476	476	action against a license holder, the license holder is entitled to a
477	477	hearing.
478	478	(b) The proceedings relating to a license denial and
479	479	disciplinary action by the department under this chapter are
480	480	governed by Chapter 2001, Government Code. A hearing under this
481	481	chapter may be conducted by a hearings officer designated by the
482	482	commission.
483	483	Sec. 703.204. ADMINISTRATIVE PENALTY. (a) The
484	484	commissioner may impose an administrative penalty on an individual
485	485	licensed under this chapter who violates this chapter or a rule or
486	486	order adopted under this chapter.
487	487	(b) The amount of the penalty may not exceed $500. Each day
488	488	a violation continues or occurs is a separate violation for the
489	489	purpose of imposing a penalty. The amount shall be based on:
490	490	(1) the seriousness of the violation, including the
491	491	nature, circumstances, extent, and gravity of the violation;
492	492	(2) the economic harm caused by the violation;
493	493	(3) the history of previous violations;
494	494	(4) the amount necessary to deter a future violation;
495	495	(5) efforts to correct the violation; and
496	496	(6) any other matter that justice may require.
497	497	(c) The individual may stay enforcement during the time the
498	498	order is under judicial review if the individual pays the penalty to
499	499	the court clerk or files a supersedeas bond with the court in the
500	500	amount of the penalty. An individual who cannot afford to pay the
501	501	penalty or file the bond may stay enforcement by filing an affidavit
502	502	in the manner required by the Texas Rules of Civil Procedure for a
503	503	party who cannot afford to file security for costs, except that the
504	504	department may contest the affidavit as provided by those rules.
505	505	(d) A proceeding to impose an administrative penalty is
506	506	subject to Chapter 2001, Government Code.
507	507	SECTION 2. As soon as possible after the effective date of
508	508	this Act, the governor shall appoint the members of the Clinical
509	509	Laboratory Science Advisory Board in accordance with Chapter 703,
510	510	Occupations Code, as added by this Act. In making the initial
511	511	appointments, the governor shall designate:
512	512	(1) three members, including a pathologist member, a
513	513	nonphysician laboratory director member, and a clinical laboratory
514	514	scientist member, for terms expiring February 1, 2013;
515	515	(2) two members, including the public member and a
516	516	nonpathologist physician member, for terms expiring February 1,
517	517	2012; and
518	518	(3) two members for terms expiring February 1, 2011.
519	519	SECTION 3. As soon as possible after the effective date of
520	520	this Act, the executive commissioner of the Health and Human
521	521	Services Commission shall adopt the rules, standards, procedures,
522	522	and fees necessary to implement Chapter 703, Occupations Code, as
523	523	added by this Act, and Section 5 of this Act.
524	524	SECTION 4. Notwithstanding Chapter 703, Occupations Code,
525	525	as added by this Act, an individual engaged in the practice of
526	526	clinical laboratory science is not required to hold a license under
527	527	that chapter to engage in the practice of clinical laboratory
528	528	science before September 1, 2011.
529	529	SECTION 5. Notwithstanding Chapter 703, Occupations Code,
530	530	as added by this Act, the Department of State Health Services shall
531	531	issue a license to a qualified applicant under this section who:
532	532	(1) applies for a license under this section not later
533	533	than September 1, 2011;
534	534	(2) submits to the department the information required
535	535	by department rule;
536	536	(3) submits to the department the job description of
537	537	the position the applicant most recently performed and a sworn
538	538	statement by the applicant's employer attesting to the applicant's
539	539	job description;
540	540	(4) has at least three years of acceptable experience,
541	541	in the preceding five years, in the applicable practice of clinical
542	542	laboratory science;
543	543	(5) is certified by or eligible for certification by a
544	544	nationally recognized certification agency approved by the
545	545	department; and
546	546	(6) pays the application and licensing fee.
547	547	SECTION 6. This Act takes effect September 1, 2009.