82R3610 NC-F
By: Zerwas H.B. No. 1108
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
amending Subdivision (3) and adding Subdivisions (5-a), (10-a),
(10-b), and (10-c) to read as follows:
(3) "Department" means the [Texas] Department of State
Health Services.
(5-a) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(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.
(10-b) "Radiologist assistant" means an
advanced-level medical radiologic technologist who is certified
under this chapter as a radiologist assistant.
(10-c) "Radiology practitioner assistant" means an
advanced-level medical radiologic technologist who is certified
under this chapter as a radiology practitioner assistant.
SECTION 2. Subchapter A, Chapter 601, Occupations Code, is
amended by adding Section 601.003 to read as follows:
Sec. 601.003. REFERENCES TO BOARD. A reference in this
chapter to the board or Texas Board of Health with respect to
rulemaking means the executive commissioner. All other references
to the board or Texas Board of Health in this chapter mean the
department.
SECTION 3. Section 601.053, Occupations Code, is amended to
read as follows:
Sec. 601.053. MINIMUM STANDARDS. The executive
commissioner [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 and radiology
practitioner 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 and radiology
practitioner assistants to provide radiology services under the
supervision of a radiologist; and
(4) rescinding an approval described by Subdivision
(2) or (3).
SECTION 4. Sections 601.056(a) and (b), Occupations Code,
are amended to read as follows:
(a) The executive commissioner [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, radiologist assistant, or radiology practitioner
assistant certified under this chapter.
(b) In adopting rules under Subsection (a), the executive
commissioner [board] may consider whether the radiologic procedure
will be performed by a registered nurse, [or] a licensed physician
assistant, or a radiologist assistant or radiology practitioner
assistant certified under this chapter.
SECTION 5. Section 601.058, Occupations Code, is amended to
read as follows:
Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The executive commissioner [board] may not adopt
rules restricting advertising or competitive bidding by a medical
radiologic technologist, radiologist assistant, or radiology
practitioner assistant except to prohibit false, misleading, or
deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the executive commissioner [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, radiologist assistant's, or radiology practitioner
assistant's personal appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the medical radiologic technologist, radiologist
assistant, or radiology practitioner assistant; or
(4) restricts the medical radiologic technologist's,
radiologist assistant's, or radiology practitioner assistant's
advertisement under a trade name.
SECTION 6. Sections 601.102(b) and (c), Occupations Code,
are amended to read as follows:
(b) The department [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 or
radiology practitioner assistant.
(c) The department [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 department may issue to a person a
temporary certificate that authorizes the person to perform
radiologic procedures as a radiologist assistant or radiology
practitioner assistant for a period not to exceed one year.
SECTION 7. Subchapter C, Chapter 601, Occupations Code, is
amended by adding Section 601.1055 to read as follows:
Sec. 601.1055. RADIOLOGIST ASSISTANT OR RADIOLOGY
PRACTITIONER ASSISTANT CERTIFICATE. (a) A person seeking to
obtain certification as a radiologist assistant must:
(1) be a medical radiologic technologist certified
under this chapter;
(2) have a baccalaureate degree, postbaccalaureate
certificate, or graduate degree from an advanced academic program
encompassing a nationally recognized radiologist assistant
curriculum that incorporates a radiologist-directed clinical
preceptorship;
(3) be registered with the American Registry of
Radiologic Technologists; and
(4) be credentialed to provide radiology services
under the supervision of a radiologist.
(b) A person seeking to obtain certification as a radiology
practitioner assistant must:
(1) meet the qualifications under Subsection (a) for a
radiologist assistant certificate; and
(2) be certified as a radiology practitioner assistant
by the Certification Board for Radiology Practitioner Assistants.
(c) The executive commissioner, 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
or radiology practitioner 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.
(d) A radiologist may use the services of a radiologist
assistant or radiology practitioner assistant to practice under the
supervision of the radiologist to the extent not prohibited by this
chapter.
(e) A radiologist assistant or radiology practitioner
assistant may not interpret images, make diagnoses, or prescribe
medications or therapies.
SECTION 8. Section 601.108(b), Occupations Code, is amended
to read as follows:
(b) The department [board] shall prepare, recognize, or
administer continuing education programs for medical radiologic
technologists, radiologist assistants, and radiology practitioner
assistants in which participation is required, to the extent
required by the department [board], to keep the person's
certificate.
SECTION 9. Subchapter C, Chapter 601, Occupations Code, is
amended by adding Section 601.1091 to read as follows:
Sec. 601.1091. TRANSITIONAL CERTIFICATE FOR RADIOLOGY
PRACTITIONER ASSISTANT. (a) The department may issue a
transitional certificate to an applicant who seeks certification as
a radiology practitioner assistant and who:
(1) was certified as a radiology practitioner
assistant by the Certification Board for Radiology Practitioner
Assistants before June 1, 2008; and
(2) meets all of the requirements for certification as
a radiology practitioner assistant, except the applicant does not
have a baccalaureate degree, postbaccalaureate certificate, or
graduate degree from an advanced academic program encompassing a
nationally recognized radiologist assistant curriculum that
incorporates a radiologist-directed clinical preceptorship.
(b) A transitional certificate holder must provide to the
department documentation of a degree or certificate that meets the
requirements of Subsection (a)(2) not later than the third
anniversary of the date the transitional certificate was issued.
The department shall issue a radiology practitioner assistant
certificate to the transitional certificate holder if the
department verifies that the transitional certificate holder meets
the requirements for a radiology practitioner assistant
certificate under this chapter.
(c) The department may not issue a transitional certificate
under this section that is valid for more than three years.
(d) The executive commissioner may establish a fee for a
transitional certificate in an amount reasonable and necessary to
cover the cost of issuing the certificate.
(e) This section expires September 1, 2015.
SECTION 10. Section 601.002(2), Occupations Code, is
repealed.
SECTION 11. This Act takes effect September 1, 2011.