Texas 2013 - 83rd Regular

Texas Senate Bill SB761 Latest Draft

Bill / Introduced Version

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                            83R6326 SLB-F
 By: Lucio S.B. No. 761


 A BILL TO BE ENTITLED
 AN ACT
 relating to the licensing and regulation of medical laboratory
 professionals; providing penalties; imposing fees.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle M, Title 3, Occupations Code, is
 amended by adding Chapter 703 to read as follows:
 CHAPTER 703.  MEDICAL LABORATORY PROFESSIONALS
 SUBCHAPTER A.  GENERAL PROVISIONS
 Sec. 703.001.  SHORT TITLE.  This chapter may be cited as the
 Medical Laboratory Science Practice Act.
 Sec. 703.002.  PUBLIC POLICY; LEGISLATIVE PURPOSE.  (a)  The
 legislature declares as a policy of this state that:
 (1)  the practice of medical laboratory science by
 health care professionals affects the public health, safety, and
 welfare and is subject to control and regulation in the public
 interest; and
 (2)  medical laboratories and medical laboratory
 professionals provide essential services to health care
 professionals by furnishing vital information that may be used in
 the diagnosis, prevention, and treatment of diseases or impairments
 and the assessment of human health.
 (b)  The purpose of this chapter is to ensure better
 protection of the public health by:
 (1)  requiring minimum qualifications for medical
 laboratory professionals; and
 (2)  ensuring that medical laboratory tests are
 performed with the highest degree of professional competency by
 individuals engaged in providing the services in this state.
 Sec. 703.003.  DEFINITIONS. In this chapter:
 (1)  "Advisory committee" means the Medical Laboratory
 Science Advisory Committee.
 (2)  "Categorical medical laboratory scientist" means
 an individual licensed under this chapter to perform medical
 laboratory scientist services in one major practice area of a
 laboratory under the supervision, control, and responsibility of a
 laboratory director.
 (3)  "CLIA" means the federal Clinical Laboratory
 Improvement Amendments of 1988 (42 C.F.R. Part 493).
 (4)  "Commissioner" means the commissioner of state
 health services.
 (5)  "Department" means the Department of State Health
 Services.
 (6)  "Executive commissioner" means the executive
 commissioner of the Health and Human Services Commission.
 (7)  "Independent technical judgment" means the
 application of an individual's knowledge, skill, expertise, and
 experience in making decisions about the performance or validity of
 clinical laboratory tests without intervention by or the direct
 supervision of a laboratory director.
 (8)  "Laboratory director" means a person who meets the
 requirements of a laboratory director under CLIA.
 (9)  "Medical laboratory" means a facility in which a
 medical laboratory test is performed for diagnosis, prevention, or
 treatment of disease or impairment or assessment of human health.
 (10)  "Medical laboratory scientist" means an
 individual who uses independent technical judgment in the
 performance of tests and procedures under the supervision, control,
 and responsibility of a laboratory director.
 (11)  "Medical laboratory scientist services" means:
 (A)  the use of independent technical judgment in
 the performance of medical laboratory tests;
 (B)  the establishment and implementation of
 protocols, quality assessment, method development and selection,
 equipment selection and maintenance, and all activities related to
 the pre-analytic, analytic, and post-analytic phases of medical
 laboratory testing under the supervision, control, and
 responsibility of a laboratory director; and
 (C)  the direction, supervision, consultation,
 education, and performance of research functions related to medical
 laboratory testing.
 (12)  "Medical laboratory technician" means an
 individual licensed under this chapter to perform medical
 laboratory technician services.
 (13)  "Medical laboratory technician services" means
 the performance of medical laboratory tests in accordance with
 established and approved protocols that require the limited
 exercise of independent technical judgment and are performed under
 the supervision of a medical laboratory scientist, laboratory
 supervisor, or laboratory director.
 (14)  "Medical laboratory test" means a
 microbiological, serological, chemical, biological,
 hematological, immunological, immunohematological, immunoassay,
 cytochemical, or genetic test or procedure performed on material
 derived from or existing in a human body that provides information
 for the diagnosis, prevention, or monitoring of a disease or
 impairment or assessment of a medical condition.  The term includes
 the pre-analytic, analytic, and post-analytic phases of testing.
 (15)  "Point-of-care testing" means analytical patient
 testing activities provided at a health care facility but performed
 outside the central medical laboratory facilities that do not
 require permanent dedicated space, including testing using
 analytical instruments at a temporary patient care location.
 (16)  "Practice of medical laboratory science" means
 practice by an individual who manages, supervises, educates,
 consults, researches, or performs medical laboratory testing or
 technical procedures in a medical laboratory. The term does not
 include the practice of medicine or the activities of a person
 performing only clerical duties or other duties not directly
 related to the performance of medical laboratory testing.
 (17)  "Waived test" means a simple laboratory
 examination or procedure that, under a federal interpretation of
 CLIA, employs a simple and accurate methodology that renders the
 likelihood of erroneous results negligible or poses no reasonable
 risk of harm to the patient if performed incorrectly.
 Sec. 703.004.  EXEMPTIONS. This chapter does not apply to:
 (1)  a physician licensed to practice medicine in this
 state;
 (2)  an individual licensed under another law of this
 state and engaged in health care services within the scope of the
 license holder's licensed practice;
 (3)  an individual engaged in the practice of medical
 laboratory science in the employ of the federal government or a
 federal bureau, division, or agency and in the discharge of the
 employee's official duties;
 (4)  an individual engaged in the practice of medical
 laboratory science and engaged exclusively in research, provided
 that the results of an examination performed are not used in health
 maintenance, diagnosis, or treatment of disease;
 (5)  an intern, student, or trainee enrolled in a
 medical laboratory science education program, provided that:
 (A)  the activities constitute a part of a planned
 course in the program;
 (B)  the individual is designated by title as an
 intern, student, or trainee; and
 (C)  the individual works directly under an
 individual licensed by this state to practice medical laboratory
 science or an individual exempt from this chapter under Subdivision
 (4);
 (6)  an individual solely performing waived or
 provider-performed microscopy tests under CLIA;
 (7)  an individual performing point-of-care testing
 categorized under CLIA as moderate complexity in an acute care
 facility, if the facility complies with the following requirements:
 (A)  in the laboratory, a laboratory director is
 responsible for:
 (i)  designing and providing or supervising
 the training programs for the point-of-care testing personnel;
 (ii)  supervising and monitoring the quality
 assurance and quality control activities of the testing site;
 (iii)  assisting in the selection of
 technology;
 (iv)  reviewing the results of proficiency
 testing and recommending corrective action, if necessary; and
 (v)  monitoring the continued competency of
 the testing personnel; and
 (B)  processes are in place at the facility and
 are acceptable to the department to ensure and document the
 continued competency of the point-of-care testing personnel;
 (8)  an individual solely performing histopathology
 testing, as described by CLIA;
 (9)  an individual solely performing or interpreting
 cytology testing, including the performance or interpretation of
 molecular testing on cytological specimens, as described by CLIA,
 provided that nothing in this chapter may be construed as a
 limitation on the scope of work permitted under CLIA for qualified
 cytotechnologists;
 (10)  an individual who performs non-testing
 pre-analytical duties, including processing specimens,
 accessioning, loading specimens into analyzers, or preparing
 specimens for referral testing; or
 (11)  an individual solely performing or interpreting
 histocompatibility testing for transplantation services.
 Sec. 703.005.  APPLICATION OF SUNSET ACT.  The Medical
 Laboratory Science Advisory Committee is subject to Chapter 325,
 Government Code (Texas Sunset Act).  Unless continued in existence
 as provided by that chapter, the advisory committee is abolished
 and this chapter expires September 1, 2027.
 SUBCHAPTER B.  EXECUTIVE COMMISSIONER, COMMISSIONER, AND
 DEPARTMENT POWERS AND DUTIES
 Sec. 703.051.  RULES.  (a)  The executive commissioner shall
 adopt rules to administer this chapter and as necessary to protect
 the public health, safety, and welfare, including rules on:
 (1)  the qualifications for licensure under each
 category of medical laboratory scientist;
 (2)  the renewal of licensure;
 (3)  standards of professional conduct for each
 category of medical laboratory scientist;
 (4)  authorization or approval of nationally
 recognized and validated certification examinations for medical
 laboratory scientists; and
 (5)  criteria for the continuing education of medical
 laboratory scientists as required for license renewal.
 (b)  The executive commissioner by rule shall prescribe the
 activities that may be performed by each category of license holder
 under this chapter.
 (c)  This chapter may not be construed as providing the
 department or the executive commissioner authority to:
 (1)  regulate the activities of a physician who is
 directing a clinical laboratory; or
 (2)  establish by rule an academic, educational, or
 examination requirement that is not prescribed by this chapter for
 a physician who is a laboratory director.
 Sec. 703.052.  FEES.  (a)  The executive commissioner shall
 establish and collect reasonable and necessary fees in amounts
 sufficient to:
 (1)  cover the costs of administering this chapter; and
 (2)  provide adequate funding for education related to
 this chapter.
 (b)  The executive commissioner may exempt from a fee
 required under this chapter a person who is:
 (1)  licensed under this chapter; and
 (2)  employed by the department.
 Sec. 703.053.  DEPARTMENT POWERS AND DUTIES.  (a)  The
 department may authorize disbursements necessary to implement this
 chapter, including disbursements for office expenses, equipment
 costs, and other necessary facilities.
 (b)  The department may examine any criminal conviction or
 guilty plea of an applicant for issuance or renewal of a license,
 including by obtaining any criminal history record information
 authorized by law.
 Sec. 703.054.  PERSONNEL.  The department may employ
 personnel necessary to administer this chapter.
 Sec. 703.055.  REGISTRY OF LICENSE HOLDERS. (a) The
 department shall maintain a registry of the name and addresses of
 each individual licensed under this chapter and each individual
 whose license has been suspended or revoked.
 (b)  The department shall post the registry on the
 department's Internet website and make copies of the registry
 available to the public on request.
 Sec. 703.056.  CONSUMER INTEREST INFORMATION.  (a)  The
 department shall prepare information of consumer interest
 describing:
 (1)  the functions performed by the department under
 this chapter; and
 (2)  the rights of a consumer affected by this chapter.
 (b)  The information must describe the procedure by which a
 consumer complaint is filed with and resolved by the department.
 (c)  The department shall make the information available to
 the public.
 SUBCHAPTER C.  MEDICAL LABORATORY SCIENCE ADVISORY COMMITTEE
 Sec. 703.101.  ADVISORY COMMITTEE.  (a)  The Medical
 Laboratory Science Advisory Committee is an advisory body to the
 department and executive commissioner.
 (b)  The advisory committee consists of nine members
 appointed by the executive commissioner as follows:
 (1)  three members who are medical laboratory
 scientists who are not physicians, at least one of whom is not a
 laboratory director;
 (2)  three members who are pathologists certified by
 The American Board of Pathology, the American Osteopathic Board of
 Pathology, or another certification board the department
 determines has certification requirements at least as stringent as
 those of The American Board of Pathology or the American
 Osteopathic Board of Pathology;
 (3)  one member who is a physician and is not a
 laboratory director or pathologist;
 (4)  one member who is a medical laboratory science
 educator and is not a physician; and
 (5)  one public member.
 (c)  The executive commissioner may make appointments to the
 advisory committee from lists submitted by organizations of medical
 laboratory scientists and organizations of physician pathologists.
 (d)  Chapter 2110, Government Code, does not apply to the
 advisory committee.
 Sec. 703.102.  TERMS; VACANCIES.  (a)  Members serve
 staggered six-year terms and until their successors are appointed
 and qualified.
 (b)  A vacancy shall be filled for the remainder of the
 unexpired term in the same manner as an original appointment.
 (c)  A member may not serve more than two consecutive terms.
 Sec. 703.103.  PUBLIC MEMBER ELIGIBILITY.  A member who
 represents the public may not be:
 (1)  an officer, director, or employee of an individual
 regulated under this chapter;
 (2)  an individual required to register as a lobbyist
 under Chapter 305, Government Code; or
 (3)  an individual related to an individual described
 by Subdivision (1) or (2) within the second degree by affinity or
 consanguinity.
 Sec. 703.104.  COMPENSATION; REIMBURSEMENT.  A member of the
 advisory committee serves without compensation. If authorized by
 the executive commissioner, an advisory committee member is
 entitled to reimbursement for actual and necessary expenses
 incurred in performing the functions of the advisory committee,
 subject to the General Appropriations Act.
 Sec. 703.105.  MEETINGS. The advisory committee shall meet
 annually and may meet at other times at the call of the executive
 commissioner.
 Sec. 703.106.  ADVISORY COMMITTEE DUTIES.  The advisory
 committee shall provide advice and recommendations to the
 department and executive commissioner on technical matters
 relevant to the administration and enforcement of this chapter,
 including certification authority approval, licensing standards
 and qualifications, renewal requirements, standards of
 professional conduct, and continuing education requirements.
 SUBCHAPTER D.  LICENSE REQUIREMENTS
 Sec. 703.151.  LICENSE REQUIRED.  (a)  Except as provided by
 Subsection (b) and Section 703.004, an individual may not perform
 or offer to perform medical laboratory tests or represent that the
 individual is a medical laboratory scientist unless the individual
 holds an appropriate license issued under this chapter.
 (b)  The executive commissioner may adopt rules to exempt a
 person employed temporarily by the department during a public
 health emergency from the licensing requirements of this chapter.
 A person acting without a license under this subsection may only act
 under the direct supervision of a person authorized by the
 executive commissioner.  In this subsection, "direct supervision"
 means supervision by a person who is present in the facility in
 which the person acting without a license under this subsection is
 performing laboratory services and is immediately available to
 provide assistance and direction while laboratory services are
 being performed.
 Sec. 703.152.  APPLICATION REQUIREMENTS. (a) An applicant
 for a license under this chapter must:
 (1)  submit to the department a completed application
 on a form prescribed by the commissioner;
 (2)  submit to the department any other information
 required by rule;
 (3)  demonstrate to the satisfaction of the
 commissioner the qualifications required by this chapter and by
 rule;
 (4)  demonstrate the applicant's honesty,
 trustworthiness, and integrity; and
 (5)  pay the application fee.
 (b)  The department shall issue the appropriate license to
 each individual who meets the qualifications required by this
 chapter and by rule.
 (c)  The department may conduct an examination of any
 criminal conviction of an applicant, including obtaining any
 criminal history record information authorized by law.
 (d)  Criminal history record information obtained by the
 department may not be released or disclosed to any person except on
 court order, with the written consent of the applicant that is the
 subject of the criminal history record information, or as provided
 by Section 411.110, Government Code.
 Sec. 703.153.  MEDICAL LABORATORY SCIENTIST. An applicant
 for a medical laboratory scientist license must:
 (1)  hold at least a baccalaureate degree from a
 regionally accredited college or university;
 (2)  have successfully completed the medical
 laboratory experience or training required by rule;
 (3)  be certified by a nationally recognized
 certification organization approved by the executive commissioner;
 (4)  pay the application fee and license fee; and
 (5)  comply with any other requirements established by
 rule.
 Sec. 703.154.  CATEGORICAL MEDICAL LABORATORY SCIENTIST. An
 applicant for a categorical medical laboratory scientist license
 must:
 (1)  hold at least a baccalaureate degree from a
 regionally accredited college or university;
 (2)  have successfully completed the medical
 laboratory experience or training required by rule;
 (3)  be certified by a nationally recognized
 certification organization approved by the executive commissioner;
 (4)  pay the application fee and license fee; and
 (5)  comply with any other requirements established by
 rule.
 Sec. 703.155.  MEDICAL LABORATORY TECHNICIAN. (a)  Except
 as provided by Subsection (b), an applicant for a medical
 laboratory technician license must:
 (1)  hold at least an associate degree from a
 regionally accredited college or university;
 (2)  have successfully completed the medical
 laboratory experience or training required by rule;
 (3)  be certified by a nationally recognized
 certification organization approved by the executive commissioner;
 (4)  pay the application fee and license fee; and
 (5)  comply with any other requirements established by
 rule.
 (b)  An applicant is not required to satisfy the requirements
 of Subsections (a)(1)-(3) if the applicant has:
 (1)  successfully completed a course in procedures for
 a military medical laboratory that was:
 (A)  not less than 50 weeks in length; and
 (B)  administered by a branch of the United States
 armed forces; and
 (2)  served as a medical laboratory specialist or
 laboratory technician while serving in a branch of the United
 States armed forces.
 Sec. 703.156.  TEMPORARY LICENSE.  (a)  The executive
 commissioner by rule may establish a procedure for issuance of
 temporary licenses to individuals under this chapter who intend to
 engage in the practice of medical laboratory science in this state
 for a limited period not to exceed six months.
 (b)  Unless otherwise noted on the license, a temporary
 license is valid for not more than six months after the date of
 issuance and may be renewed once at the discretion of the
 commissioner.
 Sec. 703.157.  PROVISIONAL LICENSE.  The department may
 issue a provisional license under this chapter to an applicant who
 holds a license in another state, submits a proper application, and
 pays the required fees if the department determines that the
 applicant is licensed in a state in which the requirements for
 issuance of the license are at least as stringent as the
 requirements under this chapter and by rule.  A provisional license
 under this section is valid for not more than 90 days.
 Sec. 703.158.  LICENSE: TERM AND RENEWAL. (a)  A license
 issued under this chapter expires on the second anniversary of the
 date of issuance.  The executive commissioner by rule may adopt a
 system under which licenses expire on various dates during the
 year.
 (b)  A license holder may renew the license by paying the
 required renewal fee and:
 (1)  successfully completing at least 10 hours each
 year of continuing education courses, clinics, lectures, training
 programs, seminars, or other programs related to medical laboratory
 practice that are approved or accepted by the executive
 commissioner; or
 (2)  successfully completing recertification by a
 national certifying organization recognized by the executive
 commissioner that mandates at least 10 hours each year of
 continuing education for recertification.
 (c)  The executive commissioner by rule may require
 additional evidence of competency to practice medical laboratory
 science as the executive commissioner considers reasonably
 appropriate as a prerequisite to the renewal of any license under
 this chapter if the requirements are:
 (1)  uniformly applied;
 (2)  reasonably related to the measurement of
 qualification, performance, or competence; and
 (3)  desirable and necessary for the protection of the
 public health.
 SUBCHAPTER E.  LICENSE DENIAL AND DISCIPLINARY ACTION
 Sec. 703.201.  GROUNDS FOR DISCIPLINARY ACTION.  The
 department may refuse to issue or renew, revoke, or suspend a
 license, place on probation, censure, or reprimand a license
 holder, or take any other disciplinary action, including the
 imposition of a civil penalty under Section 703.203 or the
 imposition of an administrative penalty under Section 703.205, the
 department considers appropriate for:
 (1)  a material misstatement in furnishing information
 to the department;
 (2)  a violation or negligent or intentional disregard
 of this chapter or a rule adopted under this chapter;
 (3)  a conviction for any crime under the laws of the
 United States or any state of the United States that is a felony or a
 misdemeanor, an essential element of which is dishonesty, or of any
 crime that is directly related to the practice of the profession;
 (4)  a misrepresentation made to obtain a license;
 (5)  a violation of any standard of professional
 conduct adopted by the executive commissioner;
 (6)  dishonorable, unethical, or unprofessional
 conduct of a character likely to deceive, defraud, or harm the
 public;
 (7)  the provision of professional services while
 mentally incompetent or under the influence of alcohol, a narcotic,
 or a controlled dangerous substance that is in excess of
 therapeutic amounts or without valid medical indication;
 (8)  directly or indirectly contracting to perform
 medical laboratory tests in a manner that offers or implies an offer
 of rebate, fee-splitting inducements or arrangements, or other
 remuneration;
 (9)  aiding or assisting another individual in
 violating any provision of this chapter or a rule adopted under this
 chapter; or
 (10)  a misrepresentation with regard to the existence
 or category of license or other certification or professional
 qualification held in connection with any employment application.
 Sec. 703.202.  PROHIBITED PRACTICES.  Except as provided by
 CLIA, a medical laboratory scientist or a medical laboratory
 technician may not exercise independent judgment:
 (1)  in the diagnosis or treatment of patients; or
 (2)  in the reporting or interpretation of clinical
 laboratory test results to patients.
 Sec. 703.203.  CIVIL PENALTY.  (a)  A person who violates
 this chapter or a rule adopted under this chapter is liable to this
 state for a civil penalty of not more than $500 for each violation.
 (b)  The amount of the penalty shall be based on:
 (1)  the seriousness of the violation;
 (2)  the history of previous violations;
 (3)  the amount necessary to deter a future violation;
 and
 (4)  any other matter that justice may require.
 (c)  The attorney general may sue to collect a civil penalty
 under this section.  In the suit the attorney general may recover,
 on behalf of the state, the reasonable expenses incurred in
 obtaining the penalty, including investigation and court costs,
 reasonable attorney's fees, witness fees, and other expenses.
 Sec. 703.204.  HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If
 the department proposes to deny a license or take disciplinary
 action against a license holder, the license holder is entitled to a
 hearing.
 (b)  The proceedings relating to a license denial and
 disciplinary action by the department under this chapter are
 governed by Chapter 2001, Government Code. A hearing under this
 chapter shall be conducted by the State Office of Administrative
 Hearings.
 Sec. 703.205.  ADMINISTRATIVE PENALTY. (a) The
 commissioner may impose an administrative penalty on an individual
 licensed under this chapter who violates this chapter or a rule or
 order adopted under this chapter.
 (b)  The amount of the penalty may not exceed $500.  Each day
 a violation continues or occurs is a separate violation for the
 purpose of imposing a penalty.  The amount shall be based on:
 (1)  the seriousness of the violation, including the
 nature, circumstances, extent, and gravity of the violation;
 (2)  the economic harm caused by the violation;
 (3)  the history of previous violations;
 (4)  the amount necessary to deter a future violation;
 (5)  efforts to correct the violation; and
 (6)  any other matter that justice may require.
 (c)  The individual may stay enforcement during the time the
 order is under judicial review if the individual pays the penalty to
 the court clerk or files a supersedeas bond with the court in the
 amount of the penalty. An individual who cannot afford to pay the
 penalty or file the bond may stay enforcement by filing an affidavit
 in the manner required by the Texas Rules of Civil Procedure for a
 party who cannot afford to file security for costs, except that the
 department may contest the affidavit as provided by those rules.
 (d)  The attorney general may sue to collect the penalty.
 (e)  A proceeding to impose an administrative penalty is
 subject to Chapter 2001, Government Code.
 SUBCHAPTER F. TRANSITIONAL LICENSING
 Sec. 703.251.  TEMPORARY PROVISION; TRANSITIONAL LICENSING.
 (a)  This subchapter expires September 1, 2017.  The department may
 not issue a transitional license under this subchapter after August
 31, 2015.
 (b)  The department shall issue a transitional license to a
 qualified applicant under this subchapter who:
 (1)  submits to the department the information required
 by rule, including, as applicable:
 (A)  the job description of the medical laboratory
 position the applicant most recently held and a sworn statement by
 the applicant's employer attesting to the applicant's job
 description; or
 (B)  proof that the applicant is certified by a
 nationally recognized certification agency approved by the
 executive commissioner; and
 (2)  pays the application and licensing fee.
 Sec. 703.252.  MEDICAL LABORATORY SCIENTIST.  To qualify for
 a transitional license under this subchapter as a medical
 laboratory scientist, an applicant must:
 (1)  be currently certified to perform medical
 laboratory scientist services by a certification agency approved by
 the executive commissioner; or
 (2)  have performed the duties of a medical laboratory
 scientist for at least three years during the five years preceding
 the date of application.
 Sec. 703.253.  CATEGORICAL MEDICAL LABORATORY SCIENTIST.  To
 qualify for a transitional license under this subchapter as a
 categorical medical laboratory scientist, an applicant must:
 (1)  be currently certified to perform medical
 laboratory scientist services in one major practice area by a
 certification agency approved by the executive commissioner; or
 (2)  have performed the duties of a categorical medical
 laboratory scientist for at least three years during the five years
 preceding the date of application.
 Sec. 703.254.  MEDICAL LABORATORY TECHNICIAN.  To qualify
 for a transitional license under this subchapter as a medical
 laboratory technician, an applicant must:
 (1)  be currently certified to perform medical
 laboratory technician services by a certification agency approved
 by the executive commissioner; or
 (2)  have performed the duties of a medical laboratory
 technician for at least three years during the five years preceding
 the date of application.
 Sec. 703.255.  EFFECT OF TRANSITIONAL LICENSE.  The holder
 of a transitional license issued under this subchapter is entitled
 to practice to the same extent as the holder of a license under
 Subchapter D.
 Sec. 703.256.  RENEWAL. A transitional license issued under
 this subchapter expires on the second anniversary of the date of
 issuance.  Notwithstanding the qualifications for an initial
 license under Section 703.153, 703.154, or 703.155, the
 transitional license may be renewed as a license under Section
 703.158.
 SECTION 2.  Section 411.110(a), Government Code, is amended
 to read as follows:
 (a)  The Department of State Health Services is entitled to
 obtain from the department criminal history record information
 maintained by the department that relates to:
 (1)  a person who is:
 (A)  an applicant for a license or certificate
 under [the Emergency Medical Services Act (]Chapter 773, Health and
 Safety Code[)];
 (B)  an owner or manager of an applicant for an
 emergency medical services provider license under Chapter 773,
 Health and Safety Code [that Act]; or
 (C)  the holder of a license or certificate under
 Chapter 773, Health and Safety Code [that Act];
 (2)  an applicant for a license or a license holder
 under Subchapter N, Chapter 431, Health and Safety Code;
 (3)  an applicant for a license, the owner or manager of
 an applicant for a massage establishment license, or a license
 holder under Chapter 455, Occupations Code;
 (4)  an applicant for employment at or current employee
 of:
 (A)  the Texas Center for Infectious Disease; or
 (B)  the South Texas Health Care System; [or]
 (5)  an applicant for employment at, current employee
 of, or person who contracts or may contract to provide goods or
 services with:
 (A)  the vital statistics unit of the Department
 of State Health Services; or
 (B)  the Council on Sex Offender Treatment or
 other division or component of the Department of State Health
 Services that monitors sexually violent predators as described by
 Section 841.003(a), Health and Safety Code; or
 (6)  an applicant for a license or a license holder
 under Chapter 703, Occupations Code.
 SECTION 3.  As soon as possible after the effective date of
 this Act, the executive commissioner of the Health and Human
 Services Commission shall appoint the members of the Medical
 Laboratory Science Advisory Committee in accordance with Chapter
 703, Occupations Code, as added by this Act. In making the initial
 appointments, the executive commissioner shall designate:
 (1)  three members for terms expiring February 1, 2015;
 (2)  three members for terms expiring February 1, 2017;
 and
 (3)  three members for terms expiring February 1, 2019.
 SECTION 4.  The executive commissioner of the Health and
 Human Services Commission shall adopt the rules, standards,
 procedures, and fees necessary to implement Chapter 703,
 Occupations Code, as added by this Act, not later than August 31,
 2014.
 SECTION 5.  Notwithstanding Chapter 703, Occupations Code,
 as added by this Act, an individual engaged in the practice of
 medical laboratory science is not required to hold a license under
 that chapter to engage in the practice of medical laboratory
 science before September 1, 2014.
 SECTION 6.  This Act takes effect September 1, 2013.