Texas 2015 - 84th Regular

Texas House Bill HB2267 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R18474 TSR-D
2	2	By: Davis of Harris H.B. No. 2267
3	3	Substitute the following for H.B. No. 2267:
4	4	By: Crownover C.S.H.B. No. 2267
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the requirement to obtain a license to practice as an
10	10	anesthesiologist assistant; providing an administrative penalty;
11	11	authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 3, Occupations Code, is
14	14	amended by adding Chapter 207 to read as follows:
15	15	CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 207.001. DEFINITIONS. In this chapter:
18	18	(1) "Anesthesiologist" means a physician licensed by
19	19	the Texas Medical Board who specializes in anesthesiology.
20	20	(2) "Anesthesiologist assistant" means a person who
21	21	holds a license issued under this chapter.
22	22	(3) "Medical board" means the Texas Medical Board.
23	23	SUBCHAPTER B. POWERS AND DUTIES OF MEDICAL BOARD
24	24	Sec. 207.051. POWERS AND DUTIES OF MEDICAL BOARD RELATING
25	25	TO ANESTHESIOLOGIST ASSISTANTS. (a) The medical board shall
26	26	administer and enforce this chapter.
27	27	(b) The medical board:
28	28	(1) may establish requirements to obtain an
29	29	anesthesiologist assistant license, including education and
30	30	training requirements, in addition to the requirements under
31	31	Section 207.103;
32	32	(2) may establish examination requirements for an
33	33	anesthesiologist assistant license in addition to the requirements
34	34	under Section 207.103;
35	35	(3) shall prescribe application requirements for a
36	36	license to practice as an anesthesiologist assistant; and
37	37	(4) shall develop an approved program of mandatory
38	38	continuing education and the manner by which attendance at all
39	39	approved courses, clinics, forums, lectures, programs, or seminars
40	40	is monitored and recorded.
41	41	Sec. 207.052. RULES. (a) The medical board shall adopt
42	42	rules necessary to implement this chapter.
43	43	(b) The rules adopted by the medical board must include
44	44	requirements and limitations on the provision of anesthesia
45	45	services by an anesthesiologist assistant as determined by the
46	46	medical board to be in the best interests of patient health and
47	47	safety, including:
48	48	(1) a requirement that an anesthesiologist assistant
49	49	be supervised by an anesthesiologist who is actively engaged in
50	50	clinical practice and available on-site to provide assistance to
51	51	the anesthesiologist assistant;
52	52	(2) a limit on the number of anesthesiologist
53	53	assistants and student anesthesiologist assistants an
54	54	anesthesiologist may supervise, in accordance with any
55	55	requirements of the Centers for Medicare and Medicaid Services; and
56	56	(3) a requirement that an anesthesiologist assistant
57	57	shall maintain compliance with all continuing education
58	58	requirements adopted by the medical board and with recertification
59	59	requirements of the National Commission for Certification of
60	60	Anesthesiologist Assistants or its successor organization.
61	61	Sec. 207.053. FEES. The medical board shall set and collect
62	62	fees in amounts that are reasonable and necessary to cover the costs
63	63	of administering and enforcing this chapter without the use of any
64	64	other funds generated by the medical board.
65	65	Sec. 207.054. APPLICABILITY OF OTHER LAW. Procedures under
66	66	Subtitle B, Title 3, that govern license or registration renewal,
67	67	complaints, and disciplinary actions apply to an anesthesiologist
68	68	assistant in the same manner the provisions apply to a physician.
69	69	SUBCHAPTER C. LICENSE REQUIREMENTS
70	70	Sec. 207.101. LICENSE REQUIRED. A person may not practice
71	71	as an anesthesiologist assistant in this state unless the person
72	72	holds an anesthesiologist assistant license issued under this
73	73	chapter.
74	74	Sec. 207.102. ISSUANCE OF LICENSE. The medical board shall
75	75	issue a license to an applicant who:
76	76	(1) meets the eligibility requirements of Section
77	77	207.103;
78	78	(2) submits an application on a form prescribed by the
79	79	medical board; and
80	80	(3) pays the required application and licensing fees.
81	81	Sec. 207.103. ELIGIBILITY REQUIREMENTS. To be eligible for
82	82	a license under this chapter, an applicant must:
83	83	(1) submit proof of completion of a graduate level
84	84	training program accredited by the Commission on Accreditation of
85	85	Allied Health Education Programs or its successor organization;
86	86	(2) pass a certifying examination administered by the
87	87	National Commission for Certification of Anesthesiologist
88	88	Assistants or its successor organization not later than 12 months
89	89	from the date of completion of the training program required under
90	90	Subdivision (1);
91	91	(3) submit proof of current certification from the
92	92	National Commission for Certification of Anesthesiologist
93	93	Assistants or its successor organization;
94	94	(4) be of good moral character; and
95	95	(5) meet any additional qualifications adopted by the
96	96	medical board by rule.
97	97	SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
98	98	Sec. 207.151. SCOPE OF PRACTICE. (a) An anesthesiologist
99	99	assistant may assist the supervising anesthesiologist in
100	100	developing and implementing an anesthesia care plan for a patient
101	101	that is consistent with the rules adopted under this chapter.
102	102	(b) An anesthesiologist assistant who assists an
103	103	anesthesiologist is not considered to be engaged in the practice of
104	104	medicine.
105	105	(c) This chapter does not limit or expand the scope of
106	106	practice of a physician assistant.
107	107	Sec. 207.152. USE OF TITLE. (a) A person may not use the
108	108	title "anesthesiologist assistant" or represent that the person is
109	109	an anesthesiologist assistant unless the person holds a license
110	110	issued under this chapter. A person who violates this subsection is
111	111	subject to an administrative penalty in an amount to be determined
112	112	by the medical board.
113	113	(b) A student in an anesthesiologist assistant training
114	114	program shall be identified as a student anesthesiologist assistant
115	115	or an anesthesiologist assistant student. A student may not use or
116	116	permit to be used on the student's behalf the term "intern,"
117	117	"resident," or "fellow," or another term that identifies the
118	118	student as a physician or surgeon.
119	119	SECTION 2. Not later than June 1, 2016, the Texas Medical
120	120	Board shall adopt the rules, procedures, and fees necessary to
121	121	administer Chapter 207, Occupations Code, as added by this Act.
122	122	SECTION 3. Notwithstanding Chapter 207, Occupations Code,
123	123	as added by this Act, an anesthesiologist assistant is not required
124	124	to hold a license under that chapter to practice as an
125	125	anesthesiologist assistant in this state before September 1, 2016.
126	126	SECTION 4. (a) Except as provided by Subsection (b) of this
127	127	section, this Act takes effect September 1, 2015.
128	128	(b) Sections 207.054, 207.101, and 207.152, Occupations
129	129	Code, as added by this Act, take effect September 1, 2016.