84R18474 TSR-D
By: Davis of Harris H.B. No. 2267
Substitute the following for H.B. No. 2267:
By: Crownover C.S.H.B. No. 2267
A BILL TO BE ENTITLED
AN ACT
relating to the requirement to obtain a license to practice as an
anesthesiologist assistant; providing an administrative penalty;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 3, Occupations Code, is
amended by adding Chapter 207 to read as follows:
CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 207.001. DEFINITIONS. In this chapter:
(1) "Anesthesiologist" means a physician licensed by
the Texas Medical Board who specializes in anesthesiology.
(2) "Anesthesiologist assistant" means a person who
holds a license issued under this chapter.
(3) "Medical board" means the Texas Medical Board.
SUBCHAPTER B. POWERS AND DUTIES OF MEDICAL BOARD
Sec. 207.051. POWERS AND DUTIES OF MEDICAL BOARD RELATING
TO ANESTHESIOLOGIST ASSISTANTS. (a) The medical board shall
administer and enforce this chapter.
(b) The medical board:
(1) may establish requirements to obtain an
anesthesiologist assistant license, including education and
training requirements, in addition to the requirements under
Section 207.103;
(2) may establish examination requirements for an
anesthesiologist assistant license in addition to the requirements
under Section 207.103;
(3) shall prescribe application requirements for a
license to practice as an anesthesiologist assistant; and
(4) shall develop an approved program of mandatory
continuing education and the manner by which attendance at all
approved courses, clinics, forums, lectures, programs, or seminars
is monitored and recorded.
Sec. 207.052. RULES. (a) The medical board shall adopt
rules necessary to implement this chapter.
(b) The rules adopted by the medical board must include
requirements and limitations on the provision of anesthesia
services by an anesthesiologist assistant as determined by the
medical board to be in the best interests of patient health and
safety, including:
(1) a requirement that an anesthesiologist assistant
be supervised by an anesthesiologist who is actively engaged in
clinical practice and available on-site to provide assistance to
the anesthesiologist assistant;
(2) a limit on the number of anesthesiologist
assistants and student anesthesiologist assistants an
anesthesiologist may supervise, in accordance with any
requirements of the Centers for Medicare and Medicaid Services; and
(3) a requirement that an anesthesiologist assistant
shall maintain compliance with all continuing education
requirements adopted by the medical board and with recertification
requirements of the National Commission for Certification of
Anesthesiologist Assistants or its successor organization.
Sec. 207.053. FEES. The medical board shall set and collect
fees in amounts that are reasonable and necessary to cover the costs
of administering and enforcing this chapter without the use of any
other funds generated by the medical board.
Sec. 207.054. APPLICABILITY OF OTHER LAW. Procedures under
Subtitle B, Title 3, that govern license or registration renewal,
complaints, and disciplinary actions apply to an anesthesiologist
assistant in the same manner the provisions apply to a physician.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 207.101. LICENSE REQUIRED. A person may not practice
as an anesthesiologist assistant in this state unless the person
holds an anesthesiologist assistant license issued under this
chapter.
Sec. 207.102. ISSUANCE OF LICENSE. The medical board shall
issue a license to an applicant who:
(1) meets the eligibility requirements of Section
207.103;
(2) submits an application on a form prescribed by the
medical board; and
(3) pays the required application and licensing fees.
Sec. 207.103. ELIGIBILITY REQUIREMENTS. To be eligible for
a license under this chapter, an applicant must:
(1) submit proof of completion of a graduate level
training program accredited by the Commission on Accreditation of
Allied Health Education Programs or its successor organization;
(2) pass a certifying examination administered by the
National Commission for Certification of Anesthesiologist
Assistants or its successor organization not later than 12 months
from the date of completion of the training program required under
Subdivision (1);
(3) submit proof of current certification from the
National Commission for Certification of Anesthesiologist
Assistants or its successor organization;
(4) be of good moral character; and
(5) meet any additional qualifications adopted by the
medical board by rule.
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
Sec. 207.151. SCOPE OF PRACTICE. (a) An anesthesiologist
assistant may assist the supervising anesthesiologist in
developing and implementing an anesthesia care plan for a patient
that is consistent with the rules adopted under this chapter.
(b) An anesthesiologist assistant who assists an
anesthesiologist is not considered to be engaged in the practice of
medicine.
(c) This chapter does not limit or expand the scope of
practice of a physician assistant.
Sec. 207.152. USE OF TITLE. (a) A person may not use the
title "anesthesiologist assistant" or represent that the person is
an anesthesiologist assistant unless the person holds a license
issued under this chapter. A person who violates this subsection is
subject to an administrative penalty in an amount to be determined
by the medical board.
(b) A student in an anesthesiologist assistant training
program shall be identified as a student anesthesiologist assistant
or an anesthesiologist assistant student. A student may not use or
permit to be used on the student's behalf the term "intern,"
"resident," or "fellow," or another term that identifies the
student as a physician or surgeon.
SECTION 2. Not later than June 1, 2016, the Texas Medical
Board shall adopt the rules, procedures, and fees necessary to
administer Chapter 207, Occupations Code, as added by this Act.
SECTION 3. Notwithstanding Chapter 207, Occupations Code,
as added by this Act, an anesthesiologist assistant is not required
to hold a license under that chapter to practice as an
anesthesiologist assistant in this state before September 1, 2016.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2015.
(b) Sections 207.054, 207.101, and 207.152, Occupations
Code, as added by this Act, take effect September 1, 2016.