Texas 2009 - 81st Regular

Texas Senate Bill SB821 Compare Versions

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1	1	By: Shapiro S.B. No. 821
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of medical radiologic technology.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 601.002, Occupations Code, is amended by
9	9	adding Subdivisions (10-a) and (10-b) to read as follows:
10	10	(10-a) "Radiologist" means a physician specializing
11	11	in radiology certified by or board-eligible for the American Board
12	12	of Radiology, the American Osteopathic Board of Radiology, the
13	13	British Royal College of Radiology, or the Canadian College of
14	14	Physicians and Surgeons. This definition does not alter or affect
15	15	the term "chiropractic radiologist."
16	16	(10-b) "Radiologist assistant" means an
17	17	advanced-level medical radiologic technologist certified under
18	18	this chapter, other than a practitioner, who is registered with the
19	19	American Registry of Radiologic Technologists and credentialed to
20	20	provide radiology services under the supervision of a radiologist.
21	21	SECTION 2. Section 601.053, Occupations Code, is amended to
22	22	read as follows:
23	23	Sec. 601.053. MINIMUM STANDARDS. The board by rule shall
24	24	establish minimum standards for:
25	25	(1) issuing, renewing, suspending, or revoking a
26	26	certificate issued under this chapter;
27	27	(2) approving curricula and education programs to
28	28	train:
29	29	(A) individuals, registered nurses, and
30	30	physician assistants to perform radiologic procedures; and
31	31	(B) radiologist assistants to provide radiology
32	32	services under the supervision of a radiologist;
33	33	(3) approving instructors to teach approved curricula
34	34	or education programs to train:
35	35	(A) individuals to perform radiologic
36	36	procedures; and
37	37	(B) radiologist assistants to provide radiology
38	38	services under the supervision of a radiologist; and
39	39	(4) rescinding an approval described by Subdivision
40	40	(2) or (3).
41	41	SECTION 3. Subsections (a) and (b), Section 601.056,
42	42	Occupations Code, are amended to read as follows:
43	43	(a) The board with the assistance of other appropriate state
44	44	agencies shall identify by rule radiologic procedures, other than
45	45	radiologic procedures described by Subsection (c), that are
46	46	dangerous or hazardous and that may be performed only by a
47	47	practitioner or a medical radiologic technologist or radiologist
48	48	assistant certified under this chapter.
49	49	(b) In adopting rules under Subsection (a), the board may
50	50	consider whether the radiologic procedure will be performed by a
51	51	registered nurse or a licensed physician assistant or a radiologist
52	52	assistant certified under this chapter.
53	53	SECTION 4. Section 601.058, Occupations Code, is amended to
54	54	read as follows:
55	55	Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE
56	56	BIDDING. (a) The board may not adopt rules restricting
57	57	advertising or competitive bidding by a medical radiologic
58	58	technologist or radiologist assistant except to prohibit false,
59	59	misleading, or deceptive practices.
60	60	(b) In its rules to prohibit false, misleading, or deceptive
61	61	practices, the board may not include a rule that:
62	62	(1) restricts the use of any medium for advertising;
63	63	(2) restricts the use of a medical radiologic
64	64	technologist's or radiologist assistant's personal appearance or
65	65	voice in an advertisement;
66	66	(3) relates to the size or duration of an
67	67	advertisement by the medical radiologic technologist or
68	68	radiologist assistant; or
69	69	(4) restricts the medical radiologic technologist's or
70	70	radiologist assistant's advertisement under a trade name.
71	71	SECTION 5. Subchapter C, Chapter 601, Occupations Code, is
72	72	amended by adding Section 601.1055 to read as follows:
73	73	Sec. 601.1055. RADIOLOGIST ASSISTANT CERTIFICATE. (a) A
74	74	person seeking to obtain certification as a radiologist assistant
75	75	must:
76	76	(1) hold a general certificate to perform radiologic
77	77	procedures;
78	78	(2) have completed an advanced academic program
79	79	encompassing a nationally recognized radiologist assistant
80	80	curriculum that:
81	81	(A) culminates in the award of a baccalaureate
82	82	degree, postbaccalaureate certificate, or graduate degree; and
83	83	(B) incorporates a radiologist-directed clinical
84	84	preceptorship;
85	85	(3) be certified in advanced cardiac life support; and
86	86	(4) be registered with the American Registry of
87	87	Radiologic Technologists and credentialed as a radiologist
88	88	assistant to provide radiology services under the supervision of a
89	89	radiologist.
90	90	(b) The board, with the advice and consent of the Texas
91	91	Medical Board, by rule shall determine the scope of practice of and
92	92	qualifications to serve as a radiologist assistant. A rule adopted
93	93	under this subsection must be consistent with guidelines adopted by
94	94	the American College of Radiology, the American Society of
95	95	Radiologic Technologists, and the American Registry of Radiologic
96	96	Technologists.
97	97	(c) A radiologist may use the services of a radiologist
98	98	assistant to practice under the supervision of the radiologist to
99	99	the extent not prohibited by this chapter.
100	100	(d) A radiologist assistant may not interpret images, make
101	101	diagnoses, or prescribe medications or therapies.
102	102	SECTION 6. Subsections (b) and (c), Section 601.102,
103	103	Occupations Code, are amended to read as follows:
104	104	(b) The board may issue to a person:
105	105	(1) a general certificate to perform radiologic
106	106	procedures; [or]
107	107	(2) a limited certificate that authorizes the person
108	108	to perform radiologic procedures only on specific parts of the
109	109	human body; or
110	110	(3) a certificate as a radiologist assistant.
111	111	(c) The board may issue to a person a temporary general
112	112	certificate or a temporary limited certificate that authorizes the
113	113	person to perform radiologic procedures for a period not to exceed
114	114	one year. The board may issue to a person a temporary certificate
115	115	that authorizes the person to perform radiologic procedures as a
116	116	radiologist assistant for a period not to exceed one year.
117	117	SECTION 7. Subsection (b), Section 601.108, Occupations
118	118	Code, is amended to read as follows:
119	119	(b) The board shall prepare, recognize, or administer
120	120	continuing education programs for medical radiologic technologists
121	121	and radiologist assistants in which participation is required, to
122	122	the extent required by the board, to keep the person's certificate.
123	123	SECTION 8. This Act takes effect September 1, 2009.