Texas 2015 - 84th Regular

Texas Senate Bill SB1383 Compare Versions

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1	1	84R11876 MAW-F
2	2	By: Lucio S.B. No. 1383
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of medical laboratory
8	8	science professionals; providing penalties; imposing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle M, Title 3, Occupations Code, is
11	11	amended by adding Chapter 703 to read as follows:
12	12	CHAPTER 703. MEDICAL LABORATORY SCIENCE PROFESSIONALS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 703.001. SHORT TITLE. This chapter may be cited as the
15	15	Medical Laboratory Science Practice Act.
16	16	Sec. 703.002. PUBLIC POLICY; LEGISLATIVE PURPOSE. (a) The
17	17	legislature declares as a policy of this state that:
18	18	(1) the practice of medical laboratory science by
19	19	health care professionals affects the public health, safety, and
20	20	welfare and is subject to control and regulation in the public
21	21	interest; and
22	22	(2) medical laboratories and medical laboratory
23	23	science professionals provide essential services to health care
24	24	professionals by furnishing vital information that may be used in
25	25	the diagnosis, prevention, and treatment of diseases or impairments
26	26	and the assessment of human health.
27	27	(b) The purpose of this chapter is to ensure better
28	28	protection of the public health by:
29	29	(1) requiring minimum qualifications for medical
30	30	laboratory science professionals; and
31	31	(2) ensuring that medical laboratory tests are
32	32	performed with the highest degree of professional competency by
33	33	individuals engaged in providing the services in this state.
34	34	Sec. 703.003. DEFINITIONS. In this chapter:
35	35	(1) "Advisory committee" means the Medical Laboratory
36	36	Science Advisory Committee.
37	37	(2) "Categorical medical laboratory scientist" means
38	38	an individual licensed under this chapter to perform medical
39	39	laboratory scientist services in one major practice area of a
40	40	laboratory under the supervision, control, and responsibility of a
41	41	laboratory director.
42	42	(3) "CLIA" means the federal Clinical Laboratory
43	43	Improvement Amendments of 1988 (42 C.F.R. Part 493).
44	44	(4) "Commission" means the Texas Commission of
45	45	Licensing and Regulation.
46	46	(5) "Department" means the Texas Department of
47	47	Licensing and Regulation.
48	48	(6) "Executive director" means the executive director
49	49	of the department.
50	50	(7) "Independent technical judgment" means the
51	51	performance of clinical laboratory tests and assumption of
52	52	responsibility for determining the validity of clinical laboratory
53	53	test results without intervention by or the direct supervision of a
54	54	health care professional.
55	55	(8) "Laboratory director" means a person who meets the
56	56	requirements of a laboratory director under CLIA.
57	57	(9) "Medical laboratory" means a facility in which a
58	58	medical laboratory test is performed for diagnosis, prevention, or
59	59	treatment of disease or impairment or assessment of human health.
60	60	(10) "Medical laboratory scientist" means an
61	61	individual who uses independent technical judgment in the
62	62	performance of tests and procedures under the supervision, control,
63	63	and responsibility of a laboratory director.
64	64	(11) "Medical laboratory scientist services" means:
65	65	(A) the use of independent technical judgment in
66	66	the performance of medical laboratory tests;
67	67	(B) the establishment and implementation of
68	68	protocols, quality assessment, method development and selection,
69	69	equipment selection and maintenance, and all activities related to
70	70	the pre-analytic, analytic, and post-analytic phases of medical
71	71	laboratory testing under the supervision, control, and
72	72	responsibility of a laboratory director; and
73	73	(C) the direction, supervision, consultation,
74	74	education, and performance of research functions related to medical
75	75	laboratory testing.
76	76	(12) "Medical laboratory technician" means an
77	77	individual licensed under this chapter to perform medical
78	78	laboratory technician services.
79	79	(13) "Medical laboratory technician services" means
80	80	the performance of medical laboratory tests in accordance with
81	81	established and approved protocols that require the limited
82	82	exercise of independent technical judgment and are performed under
83	83	the supervision of a medical laboratory scientist, laboratory
84	84	supervisor, or laboratory director.
85	85	(14) "Medical laboratory test" means a
86	86	microbiological, serological, chemical, biological,
87	87	hematological, immunological, immunohematological, immunoassay,
88	88	cytochemical, or genetic test or procedure performed on material
89	89	derived from or existing in a human body that provides information
90	90	for the diagnosis, prevention, or monitoring of a disease or
91	91	impairment or assessment of a medical condition. The term includes
92	92	the pre-analytic, analytic, and post-analytic phases of testing.
93	93	(15) "Point-of-care testing" means analytical patient
94	94	testing activities provided at a health care facility but performed
95	95	outside the central medical laboratory facilities that do not
96	96	require permanent dedicated space, including testing using
97	97	analytical instruments at a temporary patient care location.
98	98	(16) "Practice of medical laboratory science" means
99	99	practice by an individual who manages, supervises, educates,
100	100	consults, researches, or performs medical laboratory testing or
101	101	technical procedures in a medical laboratory. The term does not
102	102	include an activity that constitutes the practice of medicine or
103	103	the activities of a person performing only clerical duties or other
104	104	duties not directly related to the performance of medical
105	105	laboratory testing.
106	106	(17) "Waived test" means a simple laboratory
107	107	examination or procedure that, under a federal interpretation of
108	108	CLIA, employs a simple and accurate methodology that renders the
109	109	likelihood of erroneous results negligible or poses no reasonable
110	110	risk of harm to the patient if performed incorrectly.
111	111	Sec. 703.004. EXEMPTIONS. This chapter does not apply to:
112	112	(1) a physician licensed to practice medicine in this
113	113	state;
114	114	(2) an individual licensed under another law of this
115	115	state and engaged in health care services within the scope of the
116	116	license holder's licensed practice;
117	117	(3) an individual engaged in the practice of medical
118	118	laboratory science in the employ of the federal government or a
119	119	federal bureau, division, or agency and in the discharge of the
120	120	employee's official duties;
121	121	(4) an individual engaged in the practice of medical
122	122	laboratory science and engaged exclusively in research, provided
123	123	that the results of an examination performed are not used in health
124	124	maintenance, diagnosis, or treatment of disease;
125	125	(5) an intern, student, or trainee enrolled in a
126	126	medical laboratory science education program, provided that:
127	127	(A) the activities constitute a part of a planned
128	128	course in the program;
129	129	(B) the individual is designated by title as an
130	130	intern, student, or trainee; and
131	131	(C) the individual works directly under an
132	132	individual licensed by this state to practice medical laboratory
133	133	science or an individual exempt from this chapter under Subdivision
134	134	(4);
135	135	(6) an individual solely performing waived or
136	136	provider-performed microscopy tests under CLIA;
137	137	(7) an individual performing point-of-care testing
138	138	categorized under CLIA as moderate complexity in an acute care
139	139	facility, if the facility complies with the following requirements:
140	140	(A) in the laboratory, a laboratory director is
141	141	responsible for:
142	142	(i) designing and providing or supervising
143	143	the training programs for the point-of-care testing personnel;
144	144	(ii) supervising and monitoring the quality
145	145	assurance and quality control activities of the testing site;
146	146	(iii) assisting in the selection of
147	147	technology;
148	148	(iv) reviewing the results of proficiency
149	149	testing and recommending corrective action, if necessary; and
150	150	(v) monitoring the continued competency of
151	151	the testing personnel; and
152	152	(B) processes are in place at the facility and
153	153	are acceptable to the department to ensure and document the
154	154	continued competency of the point-of-care testing personnel;
155	155	(8) an individual solely performing histopathology
156	156	testing or performing or interpreting the results of molecular
157	157	testing on histological specimens, as described by CLIA;
158	158	(9) an individual solely performing or interpreting
159	159	cytology testing, including the performance or interpretation of
160	160	molecular testing on cytological specimens, as described by CLIA,
161	161	provided that this chapter may not be construed as a limitation on
162	162	the scope of work permitted under CLIA for qualified
163	163	cytotechnologists;
164	164	(10) a medical laboratory assistant who performs
165	165	non-testing pre-analytical duties, including processing specimens,
166	166	accessioning, loading specimens into analyzers, or preparing
167	167	specimens for referral testing;
168	168	(11) an individual solely performing or interpreting
169	169	histocompatibility testing for transplantation services;
170	170	(12) an individual solely performing or interpreting
171	171	testing by mass spectrometry, provided the individual has a
172	172	bachelor's degree in a chemical science and meets the CLIA
173	173	requirements for testing personnel performing high complexity
174	174	testing; or
175	175	(13) an individual performing testing on
176	176	plasmapheresis specimens in a laboratory regulated by the federal
177	177	Food and Drug Administration.
178	178	Sec. 703.005. APPLICATION OF SUNSET ACT. The Medical
179	179	Laboratory Science Advisory Committee is subject to Chapter 325,
180	180	Government Code (Texas Sunset Act). Unless continued in existence
181	181	as provided by that chapter, the advisory committee is abolished
182	182	and this chapter expires September 1, 2027.
183	183	SUBCHAPTER B. POWERS AND DUTIES
184	184	Sec. 703.051. RULES. (a) The commission shall adopt rules
185	185	to administer this chapter and as necessary to protect the public
186	186	health, safety, and welfare, including rules on:
187	187	(1) the qualifications to obtain a license under each
188	188	category of medical laboratory science professional;
189	189	(2) the renewal of a license;
190	190	(3) standards of professional conduct;
191	191	(4) authorization or approval of nationally
192	192	recognized and validated certification examinations for medical
193	193	laboratory science professionals; and
194	194	(5) criteria for the continuing education of medical
195	195	laboratory science professionals as required for license renewal.
196	196	(b) The commission by rule shall prescribe the activities
197	197	that may be performed by each category of license holder under this
198	198	chapter.
199	199	(c) The commission by rule may exempt a medical laboratory
200	200	science professional who is employed by a certification agency
201	201	approved by the executive director from licensing and continuing
202	202	education fees.
203	203	(d) This chapter may not be construed as providing the
204	204	department, commission, or executive director authority to:
205	205	(1) regulate the activities of a physician who is
206	206	directing a clinical laboratory; or
207	207	(2) establish by rule an academic, educational, or
208	208	testing requirement that is not expressly prescribed or required by
209	209	this chapter.
210	210	Sec. 703.052. FEES. The commission by rule shall establish
211	211	and collect reasonable and necessary fees in amounts sufficient to:
212	212	(1) cover the costs of administering this chapter; and
213	213	(2) provide reasonable funding for medical laboratory
214	214	personnel education.
215	215	Sec. 703.053. DEPARTMENT POWERS AND DUTIES. (a) The
216	216	department may authorize disbursements necessary to implement this
217	217	chapter, including disbursements for office expenses, equipment
218	218	costs, and other necessary facilities.
219	219	(b) The department may examine any criminal conviction or
220	220	guilty plea of an applicant for issuance or renewal of a license,
221	221	including by obtaining any criminal history record information
222	222	authorized by law.
223	223	Sec. 703.054. PERSONNEL. The department may employ
224	224	personnel necessary to administer this chapter.
225	225	Sec. 703.055. REGISTRY OF LICENSE HOLDERS. (a) The
226	226	department shall maintain a registry of the name and address of each
227	227	individual licensed under this chapter and each individual whose
228	228	license has been suspended or revoked.
229	229	(b) The department shall post the registry on the
230	230	department's Internet website and make copies of the registry
231	231	available to the public on request.
232	232	Sec. 703.056. CONSUMER INTEREST INFORMATION. (a) The
233	233	department shall prepare information of consumer interest
234	234	describing:
235	235	(1) the functions performed by the department under
236	236	this chapter; and
237	237	(2) the rights of a consumer affected by this chapter.
238	238	(b) The information must describe the procedure by which a
239	239	consumer complaint is filed with and resolved by the department.
240	240	(c) The department shall make the information available to
241	241	the public.
242	242	SUBCHAPTER C. MEDICAL LABORATORY SCIENCE ADVISORY COMMITTEE
243	243	Sec. 703.101. ADVISORY COMMITTEE. (a) The Medical
244	244	Laboratory Science Advisory Committee is an advisory body to the
245	245	department and executive director.
246	246	(b) The advisory committee consists of nine members
247	247	appointed by the department as follows:
248	248	(1) three members who are medical laboratory science
249	249	professionals who are not physicians, at least one of whom is a
250	250	medical laboratory scientist and at least one of whom is not a
251	251	laboratory director;
252	252	(2) three members who are pathologists certified by
253	253	The American Board of Pathology, the American Osteopathic Board of
254	254	Pathology, or another certification board the department
255	255	determines has certification requirements at least as stringent as
256	256	those of The American Board of Pathology or the American
257	257	Osteopathic Board of Pathology;
258	258	(3) one member who is a physician and is not a
259	259	laboratory director or pathologist;
260	260	(4) one member who is a medical laboratory science
261	261	educator and is not a physician; and
262	262	(5) one public member.
263	263	(c) The department may make appointments to the advisory
264	264	committee from lists submitted by organizations of medical
265	265	laboratory science professionals and organizations of physician
266	266	pathologists.
267	267	(d) Chapter 2110, Government Code, does not apply to the
268	268	advisory committee.
269	269	Sec. 703.102. TERMS; VACANCIES. (a) Members serve
270	270	staggered six-year terms and until their successors are appointed
271	271	and qualified.
272	272	(b) A vacancy shall be filled for the remainder of the
273	273	unexpired term in the same manner as an original appointment.
274	274	(c) A member may not serve more than two consecutive terms.
275	275	Sec. 703.103. PUBLIC MEMBER ELIGIBILITY. A member who
276	276	represents the public may not be:
277	277	(1) an officer, director, or employee of an individual
278	278	regulated under this chapter;
279	279	(2) an individual required to register as a lobbyist
280	280	under Chapter 305, Government Code; or
281	281	(3) an individual related to an individual described
282	282	by Subdivision (1) or (2) within the second degree by affinity or
283	283	consanguinity.
284	284	Sec. 703.104. COMPENSATION; REIMBURSEMENT. A member of the
285	285	advisory committee serves without compensation. If authorized by
286	286	the department, an advisory committee member is entitled to
287	287	reimbursement for actual and necessary expenses incurred in
288	288	performing the functions of the advisory committee, subject to the
289	289	General Appropriations Act.
290	290	Sec. 703.105. MEETINGS. The advisory committee shall meet
291	291	annually and may meet at other times at the call of the executive
292	292	director.
293	293	Sec. 703.106. ADVISORY COMMITTEE DUTIES. The advisory
294	294	committee shall provide advice and recommendations to the
295	295	department and executive director on technical matters relevant to
296	296	the administration and enforcement of this chapter, including
297	297	certification agency approval, licensing standards and
298	298	qualifications, renewal requirements, standards of professional
299	299	conduct, and continuing education requirements.
300	300	SUBCHAPTER D. LICENSE REQUIREMENTS
301	301	Sec. 703.151. LICENSE REQUIRED. Except as provided by
302	302	Section 703.004, an individual may not perform or offer to perform
303	303	medical laboratory tests or represent that the individual is a
304	304	medical laboratory science professional unless the individual
305	305	holds an appropriate license issued under this chapter.
306	306	Sec. 703.152. APPLICATION REQUIREMENTS. (a) An applicant
307	307	for a license under this chapter must:
308	308	(1) submit to the department a completed application
309	309	on a form prescribed by the executive director;
310	310	(2) submit to the department any other information
311	311	required by rule;
312	312	(3) demonstrate to the satisfaction of the department
313	313	the qualifications required by this chapter and by rule;
314	314	(4) demonstrate the applicant's honesty,
315	315	trustworthiness, and integrity; and
316	316	(5) pay the application fee.
317	317	(b) The department shall issue the appropriate license to
318	318	each individual who meets the qualifications required by this
319	319	chapter and by rule.
320	320	(c) The department may conduct an examination of any
321	321	criminal conviction of an applicant, including obtaining any
322	322	criminal history record information authorized by law.
323	323	(d) Criminal history record information obtained by the
324	324	department may not be released or disclosed to any person except on
325	325	court order or with the written consent of the applicant who is the
326	326	subject of the criminal history record information.
327	327	Sec. 703.153. MEDICAL LABORATORY SCIENTIST. An applicant
328	328	for a medical laboratory scientist license must:
329	329	(1) hold at least a bachelor's degree from a regionally
330	330	accredited college or university;
331	331	(2) have successfully completed the medical
332	332	laboratory experience or training required by rule;
333	333	(3) be certified by a nationally recognized
334	334	certification organization approved by the executive director;
335	335	(4) pay the application fee and license fee; and
336	336	(5) comply with any other requirements established by
337	337	rule.
338	338	Sec. 703.154. CATEGORICAL MEDICAL LABORATORY SCIENTIST. An
339	339	applicant for a categorical medical laboratory scientist license
340	340	must:
341	341	(1) hold at least a bachelor's degree from a regionally
342	342	accredited college or university;
343	343	(2) have successfully completed the medical
344	344	laboratory experience or training required by rule;
345	345	(3) be certified by a nationally recognized
346	346	certification organization approved by the executive director;
347	347	(4) pay the application fee and license fee; and
348	348	(5) comply with any other requirements established by
349	349	rule.
350	350	Sec. 703.155. MEDICAL LABORATORY TECHNICIAN. (a) An
351	351	applicant for a medical laboratory technician license must:
352	352	(1) hold at least an associate degree from a
353	353	regionally accredited college or university;
354	354	(2) have successfully completed the medical
355	355	laboratory experience or training required by rule;
356	356	(3) be certified by a nationally recognized
357	357	certification organization approved by the executive director;
358	358	(4) pay the application fee and license fee; and
359	359	(5) comply with any other requirements established by
360	360	rule.
361	361	(b) The department shall accept as satisfying the
362	362	requirement of Subsection (a)(1) evidence that the applicant has:
363	363	(1) successfully completed a course in procedures for
364	364	a military laboratory of not less than 50 weeks in length; and
365	365	(2) served as a medical laboratory specialist or
366	366	laboratory technician in the military.
367	367	Sec. 703.156. TEMPORARY LICENSE. (a) The commission by
368	368	rule may establish a procedure for issuance of temporary licenses
369	369	to individuals under this chapter who intend to engage in the
370	370	practice of medical laboratory science in this state for a limited
371	371	period not to exceed six months.
372	372	(b) Unless otherwise noted on the license, a temporary
373	373	license is valid for not more than six months after the date of
374	374	issuance and may be renewed once.
375	375	Sec. 703.157. PROVISIONAL LICENSE. The department may
376	376	issue a provisional license under this chapter to an applicant who
377	377	holds a license in another state, submits a proper application, and
378	378	pays the required fees if the department determines that the
379	379	applicant is licensed in a state in which the requirements for
380	380	issuance of the license are at least as stringent as the
381	381	requirements under this chapter and by rule. A provisional license
382	382	under this section is valid for not more than 90 days.
383	383	Sec. 703.158. LICENSE TERM AND RENEWAL. (a) A license
384	384	issued under this chapter expires on the second anniversary of the
385	385	date of issuance. The commission by rule may adopt a system under
386	386	which licenses expire on various dates during the year.
387	387	(b) A license holder may renew the license by paying the
388	388	required renewal fee and:
389	389	(1) successfully completing at least 10 hours each
390	390	year of continuing education courses, clinics, lectures, training
391	391	programs, seminars, or other programs related to medical laboratory
392	392	practice that are approved or accepted by the executive director;
393	393	or
394	394	(2) successfully completing recertification by a
395	395	national certifying organization recognized by the executive
396	396	director that mandates at least 10 hours each year of continuing
397	397	education for recertification.
398	398	(c) The commission by rule may require additional evidence
399	399	of competency to practice medical laboratory science as reasonably
400	400	appropriate as a prerequisite to the renewal of any license under
401	401	this chapter if the requirements are:
402	402	(1) uniformly applied;
403	403	(2) reasonably related to the measurement of
404	404	qualification, performance, or competence; and
405	405	(3) desirable and necessary for the protection of the
406	406	public health.
407	407	SUBCHAPTER E. LICENSE DENIAL AND DISCIPLINARY ACTION
408	408	Sec. 703.201. GROUNDS FOR DISCIPLINARY ACTION. The
409	409	executive director may refuse to issue or renew, revoke, or suspend
410	410	a license, place on probation, censure, or reprimand a license
411	411	holder, or take any other disciplinary action, including the
412	412	imposition of a civil penalty under Section 703.202 or the
413	413	imposition of an administrative penalty under Section 703.204, the
414	414	department considers appropriate for:
415	415	(1) a material misstatement in furnishing information
416	416	to the department;
417	417	(2) a violation or negligent or intentional disregard
418	418	of this chapter or a rule adopted under this chapter;
419	419	(3) a conviction for any crime under the laws of the
420	420	United States or any state of the United States that is a felony or a
421	421	misdemeanor, an essential element of which is dishonesty, or of any
422	422	crime that is directly related to the practice of the profession;
423	423	(4) a misrepresentation made to obtain a license;
424	424	(5) a violation of any standard of professional
425	425	conduct adopted by the commission;
426	426	(6) dishonorable, unethical, or unprofessional
427	427	conduct of a character likely to deceive, defraud, or harm the
428	428	public;
429	429	(7) the provision of professional services while
430	430	mentally incompetent or under the influence of alcohol, a narcotic,
431	431	or a controlled dangerous substance that is in excess of
432	432	therapeutic amounts or without valid medical indication;
433	433	(8) directly or indirectly contracting to perform
434	434	medical laboratory tests in a manner that offers or implies an offer
435	435	of rebate, fee-splitting inducements or arrangements, or other
436	436	remuneration;
437	437	(9) aiding or assisting another individual in
438	438	violating any provision of this chapter or a rule adopted under this
439	439	chapter; or
440	440	(10) a misrepresentation with regard to the existence
441	441	or category of license or other certification or professional
442	442	qualification held in connection with any employment application.
443	443	Sec. 703.202. CIVIL PENALTY. (a) A person who violates
444	444	this chapter or a rule adopted under this chapter is liable to this
445	445	state for a civil penalty of not more than $500 for each violation.
446	446	(b) The amount of the penalty shall be based on:
447	447	(1) the seriousness of the violation;
448	448	(2) the history of previous violations;
449	449	(3) the amount necessary to deter a future violation;
450	450	and
451	451	(4) any other matter that justice may require.
452	452	(c) The attorney general may sue to collect a civil penalty
453	453	under this section. In the suit the attorney general may recover,
454	454	on behalf of the state, the reasonable expenses incurred in
455	455	obtaining the penalty, including investigation and court costs,
456	456	reasonable attorney's fees, witness fees, and other expenses.
457	457	Sec. 703.203. HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If
458	458	the department proposes to deny a license or take disciplinary
459	459	action against a license holder, the license holder is entitled to a
460	460	hearing.
461	461	(b) The proceedings relating to a license denial and
462	462	disciplinary action by the department under this chapter are
463	463	governed by Chapter 2001, Government Code. A hearing under this
464	464	chapter shall be conducted by the State Office of Administrative
465	465	Hearings.
466	466	Sec. 703.204. ADMINISTRATIVE PENALTY. (a) The commission
467	467	or executive director may impose an administrative penalty on an
468	468	individual licensed under this chapter who violates this chapter or
469	469	a rule or order adopted under this chapter.
470	470	(b) The amount of the penalty may not exceed $500. Each day
471	471	a violation continues or occurs is a separate violation for the
472	472	purpose of imposing a penalty. The amount shall be based on:
473	473	(1) the seriousness of the violation, including the
474	474	nature, circumstances, extent, and gravity of the violation;
475	475	(2) the economic harm caused by the violation;
476	476	(3) the history of previous violations;
477	477	(4) the amount necessary to deter a future violation;
478	478	(5) efforts to correct the violation; and
479	479	(6) any other matter that justice may require.
480	480	(c) The individual may stay enforcement during the time the
481	481	order is under judicial review if the individual pays the penalty to
482	482	the court clerk or files a supersedeas bond with the court in the
483	483	amount of the penalty. An individual who cannot afford to pay the
484	484	penalty or file the bond may stay enforcement by filing an affidavit
485	485	in the manner required by the Texas Rules of Civil Procedure for a
486	486	party who cannot afford to file security for costs, except that the
487	487	department may contest the affidavit as provided by those rules.
488	488	(d) The attorney general may sue to collect the penalty.
489	489	(e) A proceeding to impose an administrative penalty is
490	490	subject to Chapter 2001, Government Code.
491	491	SUBCHAPTER F. TRANSITIONAL LICENSING
492	492	Sec. 703.251. TEMPORARY PROVISION; LICENSING. (a) This
493	493	subchapter expires September 1, 2021. The department may not issue
494	494	a license under this subchapter after August 31, 2019.
495	495	(b) The department shall issue a license to a qualified
496	496	applicant under this subchapter who:
497	497	(1) submits to the department the information required
498	498	by rule, including, as applicable:
499	499	(A) the job description of the medical laboratory
500	500	position the applicant most recently held and a sworn statement by
501	501	the applicant's employer attesting to the applicant's job
502	502	description; or
503	503	(B) proof that the applicant is certified by a
504	504	nationally recognized certification agency approved by the
505	505	executive director; and
506	506	(2) pays the application and licensing fee.
507	507	Sec. 703.252. MEDICAL LABORATORY SCIENTIST. To qualify for
508	508	a license under this subchapter as a medical laboratory scientist,
509	509	an applicant must:
510	510	(1) be currently certified to perform medical
511	511	laboratory scientist services by a certification agency approved by
512	512	the executive director; or
513	513	(2) have performed the duties of a medical laboratory
514	514	scientist for at least three years during the five years preceding
515	515	the date of application.
516	516	Sec. 703.253. CATEGORICAL MEDICAL LABORATORY SCIENTIST. To
517	517	qualify for a license under this subchapter as a categorical
518	518	medical laboratory scientist, an applicant must:
519	519	(1) be currently certified to perform medical
520	520	laboratory scientist services in one major practice area by a
521	521	certification agency approved by the executive director; or
522	522	(2) have performed the duties of a categorical medical
523	523	laboratory scientist for at least three years during the five years
524	524	preceding the date of application.
525	525	Sec. 703.254. MEDICAL LABORATORY TECHNICIAN. To qualify
526	526	for a license under this subchapter as a medical laboratory
527	527	technician, an applicant must:
528	528	(1) be currently certified to perform medical
529	529	laboratory technician services by a certification agency approved
530	530	by the executive director; or
531	531	(2) have performed the duties of a medical laboratory
532	532	technician for at least three years during the five years preceding
533	533	the date of application.
534	534	Sec. 703.255. EFFECT OF LICENSE. The holder of a license
535	535	issued under this subchapter is entitled to practice to the same
536	536	extent as the holder of a license under Subchapter D.
537	537	Sec. 703.256. RENEWAL. A license issued under this
538	538	subchapter expires on the second anniversary of the date of
539	539	issuance. Notwithstanding the qualifications for an initial
540	540	license under Section 703.153, 703.154, or 703.155, the license may
541	541	be renewed as a license under Section 703.158.
542	542	SECTION 2. As soon as possible after the effective date of
543	543	this Act, the Texas Department of Licensing and Regulation shall
544	544	appoint the members of the Medical Laboratory Science Advisory
545	545	Committee in accordance with Chapter 703, Occupations Code, as
546	546	added by this Act. In making the initial appointments, the
547	547	department shall designate:
548	548	(1) three members for terms expiring February 1, 2017;
549	549	(2) three members for terms expiring February 1, 2019;
550	550	and
551	551	(3) three members for terms expiring February 1, 2021.
552	552	SECTION 3. The Texas Commission of Licensing and Regulation
553	553	and the executive director of the Texas Department of Licensing and
554	554	Regulation, as appropriate, shall adopt the rules, standards,
555	555	procedures, and fees necessary to implement Chapter 703,
556	556	Occupations Code, as added by this Act, not later than August 31,
557	557	2016.
558	558	SECTION 4. Notwithstanding Chapter 703, Occupations Code,
559	559	as added by this Act, an individual engaged in the practice of
560	560	medical laboratory science is not required to hold a license under
561	561	that chapter to engage in the practice of medical laboratory
562	562	science before September 1, 2017.
563	563	SECTION 5. This Act takes effect September 1, 2015.