By: Shapiro S.B. No. 821
(In the Senate - Filed February 12, 2009; March 4, 2009,
read first time and referred to Committee on Health and Human
Services; March 30, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 30, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 821 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of medical radiologic technology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 601.002, Occupations Code, is amended by
adding Subdivisions (10-a) and (10-b) to read as follows:
(10-a) "Radiologist" means a physician specializing
in radiology certified by or board-eligible for the American Board
of Radiology, the American Osteopathic Board of Radiology, the
British Royal College of Radiology, or the Canadian College of
Physicians and Surgeons. This definition does not alter or affect
the term "chiropractic radiologist."
(10-b) "Radiologist assistant" means an
advanced-level medical radiologic technologist certified under
this chapter, other than a practitioner, who is registered with the
American Registry of Radiologic Technologists and credentialed to
provide radiology services under the supervision of a radiologist.
SECTION 2. Section 601.053, Occupations Code, is amended to
read as follows:
Sec. 601.053. MINIMUM STANDARDS. The board by rule shall
establish minimum standards for:
(1) issuing, renewing, suspending, or revoking a
certificate issued under this chapter;
(2) approving curricula and education programs to
train:
(A) individuals, registered nurses, and
physician assistants to perform radiologic procedures; and
(B) radiologist assistants to provide radiology
services under the supervision of a radiologist;
(3) approving instructors to teach approved curricula
or education programs to train:
(A) individuals to perform radiologic
procedures; and
(B) radiologist assistants to provide radiology
services under the supervision of a radiologist; and
(4) rescinding an approval described by Subdivision
(2) or (3).
SECTION 3. Subsections (a) and (b), Section 601.056,
Occupations Code, are amended to read as follows:
(a) The board with the assistance of other appropriate state
agencies shall identify by rule radiologic procedures, other than
radiologic procedures described by Subsection (c), that are
dangerous or hazardous and that may be performed only by a
practitioner or a medical radiologic technologist or radiologist
assistant certified under this chapter.
(b) In adopting rules under Subsection (a), the board may
consider whether the radiologic procedure will be performed by a
registered nurse or a licensed physician assistant or a radiologist
assistant certified under this chapter.
SECTION 4. Section 601.058, Occupations Code, is amended to
read as follows:
Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a medical radiologic
technologist or radiologist assistant except to prohibit false,
misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a medical radiologic
technologist's or radiologist assistant's personal appearance or
voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the medical radiologic technologist or
radiologist assistant; or
(4) restricts the medical radiologic technologist's or
radiologist assistant's advertisement under a trade name.
SECTION 5. Subchapter C, Chapter 601, Occupations Code, is
amended by adding Section 601.1055 to read as follows:
Sec. 601.1055. RADIOLOGIST ASSISTANT CERTIFICATE. (a) A
person seeking to obtain certification as a radiologist assistant
must:
(1) hold a general certificate to perform radiologic
procedures;
(2) have completed an advanced academic program
encompassing a nationally recognized radiologist assistant
curriculum that:
(A) culminates in the award of a baccalaureate
degree, postbaccalaureate certificate, or graduate degree; and
(B) incorporates a radiologist-directed clinical
preceptorship;
(3) be certified in advanced cardiac life support; and
(4) be registered with the American Registry of
Radiologic Technologists and credentialed as a radiologist
assistant to provide radiology services under the supervision of a
radiologist.
(b) The board, with the advice and consent of the Texas
Medical Board, by rule shall determine the scope of practice of and
qualifications to serve as a radiologist assistant. A rule adopted
under this subsection must be consistent with guidelines adopted by
the American College of Radiology, the American Society of
Radiologic Technologists, and the American Registry of Radiologic
Technologists.
(c) A radiologist may use the services of a radiologist
assistant to practice under the supervision of the radiologist to
the extent not prohibited by this chapter.
(d) A radiologist assistant may not interpret images, make
diagnoses, or prescribe medications or therapies.
SECTION 6. Subsections (b) and (c), Section 601.102,
Occupations Code, are amended to read as follows:
(b) The board may issue to a person:
(1) a general certificate to perform radiologic
procedures; [or]
(2) a limited certificate that authorizes the person
to perform radiologic procedures only on specific parts of the
human body; or
(3) a certificate as a radiologist assistant.
(c) The board may issue to a person a temporary general
certificate or a temporary limited certificate that authorizes the
person to perform radiologic procedures for a period not to exceed
one year. The board may issue to a person a temporary certificate
that authorizes the person to perform radiologic procedures as a
radiologist assistant for a period not to exceed one year.
SECTION 7. Subsection (b), Section 601.108, Occupations
Code, is amended to read as follows:
(b) The board shall prepare, recognize, or administer
continuing education programs for medical radiologic technologists
and radiologist assistants in which participation is required, to
the extent required by the board, to keep the person's certificate.
SECTION 8. This Act takes effect September 1, 2009.
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