By: Truitt (Senate Sponsor - Uresti) H.B. No. 2703
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on Health
and Human Services; May 18, 2011, reported favorably by the
following vote: Yeas 9, Nays 0; May 18, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of orthotists and prosthetists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 605.002(14) and (18), Occupations Code,
are amended to read as follows:
(14) "Orthotics" means the science and practice of
measuring, designing, fabricating, assembling, fitting, adjusting,
or servicing an orthosis under an order from a licensed physician,
chiropractor, or podiatrist, or an advanced practice nurse or
physician assistant acting under the delegation and supervision of
a licensed physician as provided by Subchapter B, Chapter 157, and
rules adopted by the Texas Medical Board, for the correction or
alleviation of a neuromuscular or musculoskeletal dysfunction,
disease, injury, or deformity.
(18) "Prosthetics" means the science and practice of
measuring, designing, fabricating, assembling, fitting, adjusting,
or servicing a prosthesis under an order from a licensed physician,
chiropractor, or podiatrist, or an advanced practice nurse or
physician assistant acting under the delegation and supervision of
a licensed physician as provided by Subchapter B, Chapter 157, and
rules adopted by the Texas Medical Board.
SECTION 2. Section 605.2515, Occupations Code, is amended
to read as follows:
Sec. 605.2515. ADDITIONAL LICENSE: DEVICE MANUFACTURER. A
person licensed to practice orthotics or prosthetics who measures,
designs, fabricates, fits, assembles, adjusts, or services an
orthosis or a prosthesis under an order from a licensed physician,
chiropractor, or podiatrist, or an advanced practice nurse or
physician assistant acting under the delegation and supervision of
a licensed physician as provided by Subchapter B, Chapter 157, and
rules adopted by the Texas Medical Board, for a specific patient is
exempt from licensing as a device manufacturer under Subchapter L,
Chapter 431, Health and Safety Code. A person licensed to practice
orthotics or prosthetics who fabricates or assembles an orthosis or
a prosthesis without an order from a licensed physician,
chiropractor, or podiatrist, or an advanced practice nurse or
physician assistant acting under the delegation and supervision of
a licensed physician as provided by Subchapter B, Chapter 157, and
rules adopted by the Texas Medical Board, for a specific patient is
required to be licensed as a device manufacturer under Subchapter
L, Chapter 431, Health and Safety Code.
SECTION 3. This Act takes effect September 1, 2011.
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