Texas 2015 - 84th Regular

Texas Senate Bill SB1794 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Creighton S.B. No. 1794
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the requirement to obtain a license to practice as an
7	7	anesthesiologists assistant; imposing fees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1.Subtitle C, Title 3, Occupations Code, is amended
10	10	by adding Chapter 207 to read as follows:
11	11	CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS
12	12	Section 207.001. DEFINITIONS. In this chapter:
13	13	(1) "Anesthesiologist" means a physician licensed by the
14	14	Texas Medical Board who specializes in anesthesiology.
15	15	(2) "Anesthesiologist assistant" means a person who holds a
16	16	license issued under this chapter.
17	17	(3) "Medical board" means the Texas Medical Board.
18	18	Section 207.002. LICENSE REQUIRED. A person may not
19	19	practice as an anesthesiologist assistant in this state
20	20	unless the person holds an anesthesiologist assistant
21	21	license issued under this chapter.
22	22	Section 207.003. PRACTICE BY A LICENSE HOLDER. (a) An
23	23	anesthesiologist assistant may assist the supervising
24	24	anesthesiologist in developing and implementing an
25	25	anesthesia care plan for a patient consistent with the rules
26	26	adopted under this chapter.
27	27	(b) Assisting an anesthesiologist does not constitute the
28	28	practice of medicine.
29	29	(c) Nothing in this chapter shall limit or expand the scope
30	30	of practice of physician assistants under other statutes.
31	31	Section 207.004. USE OF TERM ANESTHESIOLOGIST
32	32	ASSISTANT. (a) A person not licensed under this chapter
33	33	that uses the title anesthesiologist assistant or holds
34	34	themselves out to be an anesthesiologist assistant commits an
35	35	administrative violation under the Occupations Code.
36	36	(b) A student in an anesthesiologist assistant training
37	37	program shall be identified as a "student anesthesiologist
38	38	assistant" or an "anesthesiologist assistant student." A
39	39	student in an anesthesiologist assistant training program is
40	40	prohibited from being identified as an "intern," "resident,"
41	41	or "fellow."
42	42	Section 207. 004. ISSUANCE OF LICENSE; REQUIREMENTS.
43	43	(a) The medical board shall:
44	44	(1) Establish qualification for an anesthesiologist
45	45	assistant to practice in this state;
46	46	(2) Establish requirements for an examination for a
47	47	license to practice as an anesthesiologist
48	48	assistant in this state;
49	49	(3) Establish minimum education and training
50	50	requirements necessary for a license to practice
51	51	as an anesthesiologist assistant;
52	52	(4) Prescribe the application form for a license to
53	53	practice as an anesthesiologist assistant; and
54	54	(5) Develop an approved program of mandatory
55	55	continuing education and the manner in which
56	56	attendance at all approved courses, clinics,
57	57	forums, lectures, programs, or seminars is
58	58	monitored and recorded.
59	59	(b) As minimum requirements for licensure, the board shall
60	60	ensure an applicant:
61	61	(1) is of good moral character;
62	62	(2) submits proof of completion of graduate level
63	63	training program accredited by the Commission of
64	64	Accreditation of Allied Health Education Programs
65	65	or its successor organization;
66	66	(3) submits proof of current certification from the
67	67	National Commission of Certification of
68	68	Anesthesiologist Assistants or its successor
69	69	organization, including passage of a
70	70	certification examination administered by the
71	71	National Commission of Certification of
72	72	Anesthesiologist Assistants which must be taken
73	73	within 12 months after completing training;
74	74	(4) pays the required application and licensing fees;
75	75	and
76	76	(5) meets any additional qualifications for licensure
77	77	adopted by the board by rule.
78	78	Section 207.005. LICENSE FEES. The board shall set and collect
79	79	fees in amounts that are reasonable and necessary to cover the costs
80	80	of administering and enforcing this chapter without the use of any
81	81	other funds generated by the medical board.
82	82	Section 207.06. BOARD RULES. The board shall adopt rules to
83	83	implement this chapter that include requirements and limitations on
84	84	the provision of anesthesia services by an anesthesiologist
85	85	assistant as determined by the board to be in the best interests of
86	86	patient health and safety. Rules adopted by the board shall include
87	87	the following requirements:
88	88	(a) an anesthesiologist assistant be supervised by an
89	89	anesthesiologist who is actively engaged in clinical
90	90	practice and available on-site to provide assistance to
91	91	the anesthesiologist assistant;
92	92	(b) limitations on the number of anesthesiologist
93	93	assistants and student anesthesiologist assistants an
94	94	anesthesiologist may supervise as determined by the
95	95	Centers for Medicare and Medicaid Services; and
96	96	(c) anesthesiologist assistants shall comply with all
97	97	continuing education requirements and recertification
98	98	requirements of the National Commission for
99	99	Certification of Anesthesiologist Assistants or its
100	100	successor organization.
101	101	SECTION 2. This Act applies to an application for an
102	102	anesthesiologist assistant submitted on or after the effective date
103	103	of this Act. Applications submitted prior to that date are governed
104	104	by the law as it existed immediately before the effective date of
105	105	this Act, and that law is continued in effect for that purpose.
106	106	SECTION 3. As soon as practicable as the effective date of this
107	107	Act, the Texas Medical Board shall adopt all rules necessary to
108	108	implement Chapter 207 as adopted by this Act.
109	109	(d) SECTION 4. This Act takes effect September 1, 2015.