Texas 2015 - 84th Regular

Texas Senate Bill SB848 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Estes S.B. No. 848
2		-	(In the Senate - Filed February 27, 2015; March 4, 2015,
3		-	read first time and referred to Committee on Health and Human
4		-	Services; May 4, 2015, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 9, Nays 0;
6		-	May 4, 2015, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 848 By: Estes
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the regulation of medical radiologic technology;
14	7		providing an administrative penalty; imposing fees; requiring an
15	8		occupational license.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Section 601.002, Occupations Code, is amended by
18	11		adding Subdivisions (10-a) and (12) to read as follows:
19	12		(10-a) "Radiologist" means a physician specializing
20	13		in radiology certified by or board-eligible for the American Board
21	14		of Radiology, the American Osteopathic Board of Radiology, the
22	15		British Royal College of Radiologists, or the Canadian College of
23	16		Physicians and Surgeons.
24	17		(12) "Registered radiologist assistant" means an
25	18		advanced-level medical radiologic technologist, other than a
26	19		practitioner, who is registered under Chapter 207 as a registered
27	20		radiologist assistant.
28	21		SECTION 2. Section 601.056, Occupations Code, is amended by
29	22		adding Subsection (d) to read as follows:
30	23		(d) The rules adopted under Subsection (a) must identify
31	24		radiologic procedures that may be performed by a registered
32	25		radiologist assistant.
33	26		SECTION 3. Subtitle C, Title 3, Occupations Code, is
34	27		amended by adding Chapter 207 to read as follows:
35	28		CHAPTER 207. REGISTERED RADIOLOGIST ASSISTANTS
36	29		SUBCHAPTER A. GENERAL PROVISIONS
37	30		Sec. 207.001. DEFINITIONS. In this chapter:
38	31		(1) "Board" means the Texas Medical Board.
39	32		(2) "Radiologist" means a physician specializing in
40	33		radiology certified by the American Board of Radiology, the
41	34		American Osteopathic Board of Radiology, the British Royal College
42	35		of Radiologists, or the Canadian College of Physicians and
43	36		Surgeons.
44	37		(3) "Registered radiologist assistant" means a person
45	38		who is registered under this chapter as a registered radiologist
46	39		assistant and who performs a variety of activities under the
47	40		personal, direct, or general supervision of a radiologist in the
48	41		areas of patient care, patient management, clinical imaging, and
49	42		interventional procedures.
50	43		SUBCHAPTER B. POWERS AND DUTIES OF BOARD
51	44		Sec. 207.051. GENERAL POWERS AND DUTIES. The board shall:
52	45		(1) establish qualifications for a registered
53	46		radiologist assistant to practice in this state;
54	47		(2) establish requirements for an examination for
55	48		registration to practice as a registered radiologist assistant;
56	49		(3) establish minimum education and training
57	50		requirements necessary for registration to practice as a registered
58	51		radiologist assistant;
59	52		(4) prescribe the application form for registration to
60	53		practice as a registered radiologist assistant; and
61	54		(5) develop an approved program of mandatory
62	55		continuing education and the manner in which attendance at all
63	56		approved courses, clinics, forums, lectures, programs, or seminars
64	57		is monitored and recorded.
65	58		Sec. 207.052. GIFTS, GRANTS, AND DONATIONS. In addition to
66	59		any fees paid to the board or money appropriated to the board, the
67	60		board may receive and accept under this chapter a gift, grant,
68	61		donation, or other item of value from any source, including the
69	62		United States or a private source.
70	63		Sec. 207.053. ADVISORY COMMITTEE. (a) The registered
71	64		radiologist assistant advisory committee consists of five members
72	65		appointed by the president of the board as follows:
73	66		(1) four registered radiologist assistant members
74	67		with at least three years of experience as a registered radiologist
75	68		assistant, two of whom must be engaged in practice in a clinical
76	69		setting; and
77	70		(2) one radiologist member licensed in this state who
78	71		supervises a registered radiologist assistant.
79	72		(b) Appointments to the advisory committee shall be made
80	73		without regard to the race, color, disability, sex, religion, age,
81	74		or national origin of the appointee.
82	75		(c) Notwithstanding Subsection (a)(1), the president of the
83	76		board may appoint to the advisory committee those persons who:
84	77		(1) before January 1, 2017, have met the eligibility
85	78		requirements of Section 207.153 for the three years preceding the
86	79		date of appointment, regardless of whether the members hold a
87	80		registration under this chapter; and
88	81		(2) before January 1, 2020, hold a registration under
89	82		this chapter and who have met the eligibility requirements of
90	83		Section 207.153 for the three years preceding the date of
91	84		appointment, regardless of whether the members have held a
92	85		registration under this chapter for the three years preceding the
93	86		date of appointment.
94	87		(d) Subsection (c) and this subsection expire December 31,
95	88		2020.
96	89		SUBCHAPTER C. PUBLIC INTEREST INFORMATION; COMPLAINT AND
97	90		INVESTIGATIVE INFORMATION
98	91		Sec. 207.101. PUBLIC PARTICIPATION. (a) The board shall
99	92		develop and implement policies that provide the public with a
100	93		reasonable opportunity to appear before the board and speak on any
101	94		issue relating to registered radiologist assistants.
102	95		(b) The executive director of the board shall prepare and
103	96		maintain a written plan that describes how a person who does not
104	97		speak English may be provided reasonable access to the board's
105	98		programs and services under this chapter.
106	99		Sec. 207.102. PUBLIC INTEREST INFORMATION. (a) The board
107	100		shall prepare information of public interest describing the
108	101		functions of the board and the procedures by which complaints are
109	102		filed and resolved under this chapter.
110	103		(b) The board shall make the information available to the
111	104		public and appropriate state agencies.
112	105		Sec. 207.103. COMPLAINTS. (a) The board by rule shall
113	106		establish methods by which consumers and service recipients are
114	107		notified of the name, mailing address, and telephone number of the
115	108		board for the purpose of directing complaints about registered
116	109		radiologist assistants to the board.
117	110		(b) The board shall list with its regular telephone number
118	111		any toll-free telephone number established under other state law
119	112		that may be called to present a complaint about a registered
120	113		radiologist assistant.
121	114		Sec. 207.104. RECORDS OF COMPLAINTS. (a) The board shall
122	115		maintain a file on each written complaint filed with the board under
123	116		this chapter. The file must include:
124	117		(1) the name of the person who filed the complaint;
125	118		(2) the date the complaint is received by the board;
126	119		(3) the subject matter of the complaint;
127	120		(4) the name of each person contacted in relation to
128	121		the complaint;
129	122		(5) a summary of the results of the review or
130	123		investigation of the complaint; and
131	124		(6) an explanation of the reason the file was closed,
132	125		if the board closed the file without taking action other than to
133	126		investigate the complaint.
134	127		(b) The board shall provide to the person filing the
135	128		complaint and to each person who is a subject of the complaint a
136	129		copy of the board's policies and procedures relating to complaint
137	130		investigation and resolution. A person who reports a complaint by
138	131		phone shall be given information on how to file a written complaint.
139	132		(c) The board, at least quarterly and until final
140	133		disposition of the complaint, shall notify the person filing the
141	134		complaint and each person who is a subject of the complaint of the
142	135		status of the investigation unless the notice would jeopardize an
143	136		undercover investigation.
144	137		Sec. 207.105. REGISTRATION HOLDER ACCESS TO COMPLAINT
145	138		INFORMATION. (a) The board shall provide a registration holder
146	139		who is the subject of a formal complaint filed under this chapter
147	140		with access to all information in its possession that the board
148	141		intends to offer into evidence in presenting its case in chief at
149	142		the contested hearing on the complaint, subject to any other
150	143		privilege or restriction established by rule, statute, or legal
151	144		precedent. The board shall provide the information not later than
152	145		the 45th day after receipt of a written request from the
153	146		registration holder or the registration holder's counsel, unless
154	147		good cause is shown for delay.
155	148		(b) Notwithstanding Subsection (a), the board is not
156	149		required to provide:
157	150		(1) board investigative reports;
158	151		(2) investigative memoranda;
159	152		(3) the identity of a nontestifying complainant;
160	153		(4) attorney-client communications;
161	154		(5) attorney work product; or
162	155		(6) other material covered by a privilege recognized
163	156		by the Texas Rules of Civil Procedure or the Texas Rules of
164	157		Evidence.
165	158		(c) The provision of information does not constitute a
166	159		waiver of privilege or confidentiality under this chapter or other
167	160		law.
168	161		Sec. 207.106. HEALTH CARE ENTITY REQUEST FOR INFORMATION.
169	162		On the written request of a health care entity, the board shall
170	163		provide to the entity:
171	164		(1) information about a complaint filed against a
172	165		registration holder that was resolved after investigation by:
173	166		(A) a disciplinary order of the board; or
174	167		(B) an agreed settlement; and
175	168		(2) the basis of and current status of any complaint
176	169		under active investigation that has been referred by the executive
177	170		director of the board or the director's designee for legal action.
178	171		Sec. 207.107. CONFIDENTIALITY OF INVESTIGATIVE
179	172		INFORMATION. A complaint, adverse report, investigation file, or
180	173		other report, the identity of and reports made by a physician or
181	174		registered radiologist assistant performing or supervising
182	175		compliance monitoring for the board, or other investigative
183	176		information in the possession of or received or gathered by the
184	177		board, a board employee, or an agent relating to a registration
185	178		holder, a registration application, or a criminal investigation or
186	179		proceeding is privileged and confidential and is not subject to
187	180		discovery, subpoena, or other means of legal compulsion for release
188	181		to any person other than the board or a board employee or agent
189	182		involved in registration holder discipline.
190	183		Sec. 207.108. PERMITTED DISCLOSURE OF INVESTIGATIVE
191	184		INFORMATION. (a) Investigative information in the possession of
192	185		the board, a board employee, or an agent that relates to the
193	186		discipline of a registration holder may be disclosed to:
194	187		(1) a licensing authority in another state or a
195	188		territory or country in which the registration holder is licensed
196	189		or registered or has applied for a license or registration; or
197	190		(2) a peer review committee reviewing:
198	191		(A) an application for privileges; or
199	192		(B) the qualifications of the registration
200	193		holder with respect to retaining privileges.
201	194		(b) If the investigative information in the possession of
202	195		the board or a board employee or agent indicates a crime may have
203	196		been committed, the board shall report the information to the
204	197		proper law enforcement agency. The board shall cooperate with and
205	198		assist all law enforcement agencies conducting criminal
206	199		investigations of a registration holder by providing information
207	200		relevant to the investigation. Confidential information disclosed
208	201		by the board to a law enforcement agency remains confidential and
209	202		may not be disclosed by the law enforcement agency except as
210	203		necessary to further the investigation.
211	204		Sec. 207.109. IMMUNITY AND REPORTING REQUIREMENTS. (a) A
212	205		medical peer review committee in this state, a quality assurance
213	206		committee in this state, a registered radiologist assistant, a
214	207		registered radiologist assistant student, or a physician
215	208		practicing medicine in this state shall report relevant information
216	209		to the board related to the acts of a registered radiologist
217	210		assistant in this state if, in that person's opinion, a registered
218	211		radiologist assistant poses a continuing threat to the public
219	212		welfare through the person's practice as a registered radiologist
220	213		assistant. The duty to report under this section may not be
221	214		nullified through contract.
222	215		(b) A person who, without malice, furnishes records,
223	216		information, or assistance to the board under this section is
224	217		immune from any civil liability arising from that action in a suit
225	218		against the person brought by or on behalf of a registered
226	219		radiologist assistant who is reported under this section.
227	220		(c) Sections 160.002, 160.003, 160.006, 160.007, 160.009,
228	221		160.013, and 160.014 apply to medical peer review regarding a
229	222		registered radiologist assistant.
230	223		SUBCHAPTER D. REGISTRATION REQUIREMENTS
231	224		Sec. 207.151. REGISTRATION REQUIRED. (a) A person may not
232	225		practice as a registered radiologist assistant unless the person is
233	226		registered under this chapter.
234	227		(b) Unless the person holds a registration under this
235	228		chapter, a person may not use, in connection with the person's name:
236	229		(1) the title "Registered Radiologist Assistant"; or
237	230		(2) any other designation that would imply that the
238	231		person is a registered radiologist assistant.
239	232		Sec. 207.152. REGISTRATION APPLICATION. An applicant for
240	233		registration must:
241	234		(1) file a written application with the board on a form
242	235		prescribed by the board; and
243	236		(2) pay the application fee set by the board.
244	237		Sec. 207.153. REGISTRATION ELIGIBILITY. To be eligible for
245	238		a registration, a person must:
246	239		(1) be a medical radiologic technologist certified
247	240		under Chapter 601;
248	241		(2) have a baccalaureate degree, postbaccalaureate
249	242		certificate, or graduate degree from an advanced academic program
250	243		encompassing a nationally recognized radiologist assistant
251	244		curriculum that incorporates a radiologist-directed clinical
252	245		preceptorship;
253	246		(3) be certified as a registered radiologist assistant
254	247		by the American Registry of Radiologic Technologists or be
255	248		certified as a radiology practitioner assistant by the
256	249		Certification Board for Radiology Practitioner Assistants; and
257	250		(4) be credentialed to provide radiology services
258	251		under the supervision of a radiologist.
259	252		Sec. 207.1535. ELIGIBILITY OF APPLICANT HOLDING
260	253		OUT-OF-STATE LICENSE. (a) Notwithstanding Section 207.153, a
261	254		person is eligible for a registration if the person:
262	255		(1) was licensed or otherwise registered as a
263	256		radiologist assistant in another state that has requirements at
264	257		least as stringent as the requirements of this chapter;
265	258		(2) applies for a registration within a period set by
266	259		the board; and
267	260		(3) meets other requirements as determined by the
268	261		board.
269	262		(b) A registration issued under this section must be renewed
270	263		under Section 207.156.
271	264		(c) A registration issued under this section expires on the
272	265		first anniversary of the date the registration is issued and may not
273	266		be renewed except as provided by Subsection (b).
274	267		Sec. 207.1536. ELIGIBILITY FOR TRANSITIONAL REGISTRATION.
275	268		(a) Notwithstanding Section 207.153, a person is eligible for a
276	269		registration if the person:
277	270		(1) applies for the registration before September 1,
278	271		2019; and
279	272		(2) meets the requirements of Section 207.153 other
280	273		than Section 207.153(2).
281	274		(b) A registration issued under the eligibility
282	275		requirements of this section must be renewed under Section 207.156.
283	276		(c) A registration issued under the eligibility
284	277		requirements of this section expires on September 1, 2020, and may
285	278		not be renewed except as provided by Subsection (d).
286	279		(d) A person who meets the eligibility requirements of
287	280		Section 207.153 on September 1, 2020, may renew the person's
288	281		registration. A person who does not meet the eligibility
289	282		requirements of Section 207.153 on that date may not renew the
290	283		person's registration and may not practice as a registered
291	284		radiologist assistant after that date unless the person applies for
292	285		and obtains a new registration.
293	286		(e) This section expires September 1, 2022.
294	287		Sec. 207.154. FEES. (a) The board shall set and collect
295	288		fees in amounts that are reasonable and necessary to cover the costs
296	289		of administering and enforcing this chapter without the use of any
297	290		other funds generated by the board.
298	291		(b) Fees collected by the board under this chapter shall be
299	292		deposited by the board in the state treasury to the credit of an
300	293		account in the general revenue fund and may be spent to cover the
301	294		costs of administering and enforcing this chapter. At the end of
302	295		each fiscal biennium, the comptroller shall transfer any surplus
303	296		money remaining in the account to the general revenue fund.
304	297		(c) All money paid to the board under this chapter is
305	298		subject to Subchapter F, Chapter 404, Government Code.
306	299		Sec. 207.155. ISSUANCE OF REGISTRATION. The board shall
307	300		issue a registered radiologist assistant registration in this state
308	301		to a person who meets the requirements of this chapter and the rules
309	302		adopted under this chapter.
310	303		Sec. 207.156. REGISTRATION RENEWAL. (a) The board by rule
311	304		shall provide for the annual renewal of a registered radiologist
312	305		assistant registration.
313	306		(b) The board by rule may adopt a system under which
314	307		registrations expire on various dates during the year. For the year
315	308		in which the registration expiration date is changed, registration
316	309		fees shall be prorated on a monthly basis so that each registration
317	310		holder pays only that portion of the registration fee that is
318	311		allocable to the number of months during which the registration is
319	312		valid. On renewal of the registration on the new expiration date,
320	313		the total registration renewal fee is payable.
321	314		Sec. 207.157. NOTICE OF REGISTRATION RENEWAL. At least 30
322	315		days before the expiration of a person's registration, the board
323	316		shall send written notice of the impending registration expiration
324	317		to the person at the registration holder's last known address
325	318		according to the records of the board.
326	319		Sec. 207.158. PROCEDURE FOR RENEWAL. (a) A person who is
327	320		otherwise eligible to renew a registration may renew an unexpired
328	321		registration by paying the required renewal fee to the board before
329	322		the expiration date of the registration. A person whose
330	323		registration has expired may not engage in activities that require
331	324		a registration until the registration has been renewed under this
332	325		section.
333	326		(b) If the person's registration has been expired for 90
334	327		days or less, the person may renew the registration by paying to the
335	328		board one and one-half times the required renewal fee.
336	329		(c) If the person's registration has been expired for longer
337	330		than 90 days but less than one year, the person may renew the
338	331		registration by paying to the board two times the required renewal
339	332		fee.
340	333		(d) If the person's registration has been expired for one
341	334		year or longer, the person may not renew the registration. The
342	335		person may obtain a new registration by complying with the
343	336		requirements and procedures for obtaining an original
344	337		registration.
345	338		Sec. 207.159. REGISTRATION HOLDER INFORMATION. (a) Each
346	339		registration holder shall file with the board:
347	340		(1) the registration holder's mailing address;
348	341		(2) the address of the registration holder's
349	342		residence;
350	343		(3) the mailing address of each of the registration
351	344		holder's offices; and
352	345		(4) the address for the location of each of the
353	346		registration holder's offices if that address is different from the
354	347		office's mailing address.
355	348		(b) A registration holder shall:
356	349		(1) notify the board of a change of the registration
357	350		holder's residence or business address; and
358	351		(2) provide the board with the registration holder's
359	352		new address not later than the 30th day after the date the address
360	353		change occurs.
361	354		SUBCHAPTER E. SCOPE OF PRACTICE
362	355		Sec. 207.201. SCOPE OF PRACTICE. (a) The board shall
363	356		adopt rules to determine the scope of practice of a registered
364	357		radiologist assistant. The board shall consider guidelines adopted
365	358		by the American College of Radiology, the American Society of
366	359		Radiologic Technologists, and the American Registry of Radiologic
367	360		Technologists in adopting rules under this subsection.
368	361		(b) The practice of a registered radiologist assistant may
369	362		be performed in any place authorized by a delegating radiologist,
370	363		including a clinic, hospital, health care center, or other
371	364		institutional setting.
372	365		Sec. 207.202. ESTABLISHMENT OF CERTAIN FUNCTIONS AND
373	366		STANDARDS. A registered radiologist assistant and the registered
374	367		radiologist assistant's delegating radiologist shall ensure that:
375	368		(1) the registered radiologist assistant's scope of
376	369		function is identified;
377	370		(2) the delegation of medical tasks is appropriate to
378	371		the registered radiologist assistant's level of competence;
379	372		(3) the relationship between the registered
380	373		radiologist assistant and the delegating radiologist and the access
381	374		of the registered radiologist assistant to the delegating
382	375		radiologist are defined; and
383	376		(4) a process is established for evaluating the
384	377		registered radiologist assistant's performance.
385	378		Sec. 207.203. SUPERVISION OF REGISTERED RADIOLOGIST
386	379		ASSISTANTS. (a) In this section:
387	380		(1) "Direct supervision" means supervision provided
388	381		by a radiologist who is present in the same area or an area adjacent
389	382		to the area where a registered radiologist assistant performs a
390	383		procedure and who is immediately available to provide assistance
391	384		and direction during the performance of the procedure.
392	385		(2) "General supervision" means supervision provided
393	386		by a radiologist who provides overall direction and control of a
394	387		registered radiologist assistant's performance of a procedure but
395	388		who is not required to be present during the performance of the
396	389		procedure.
397	390		(3) "Personal supervision" means supervision provided
398	391		by a radiologist who is present in the room where a registered
399	392		radiologist assistant performs a procedure.
400	393		(b) The board by rule shall establish guidelines for general
401	394		supervision, direct supervision, and personal supervision of a
402	395		registered radiologist assistant.
403	396		(c) A supervising radiologist shall determine whether to
404	397		provide general supervision, direct supervision, or personal
405	398		supervision of a registered radiologist assistant performing a
406	399		procedure based on the registered radiologist assistant's
407	400		technical ability, the procedure, the patient's history and
408	401		clinical presentation, and other relevant factors.
409	402		Sec. 207.204. PROHIBITED PRACTICES. A registered
410	403		radiologist assistant may not:
411	404		(1) interpret an image;
412	405		(2) make a diagnosis; or
413	406		(3) prescribe a medication or therapy.
414	407		SUBCHAPTER F. DISCIPLINARY PROCEEDINGS
415	408		Sec. 207.251. DISCIPLINARY ACTIONS BY THE BOARD. (a) On a
416	409		determination that an applicant or registration holder committed an
417	410		act described by Section 207.252, 207.253, or 207.254, the board by
418	411		order may take any of the following actions:
419	412		(1) deny the person's registration application or
420	413		revoke the person's registration;
421	414		(2) require the person to participate in a program of
422	415		education or counseling prescribed by the board;
423	416		(3) stay enforcement of an order and place the person
424	417		on probation;
425	418		(4) require the person to complete additional
426	419		training;
427	420		(5) suspend, limit, or restrict the person's
428	421		registration, including:
429	422		(A) limiting the practice of the person to, or
430	423		excluding from the person's practice, one or more specified
431	424		activities of radiologist assisting; or
432	425		(B) stipulating periodic board review;
433	426		(6) assess an administrative penalty against the
434	427		person as provided by Section 207.301;
435	428		(7) order the person to perform public service; or
436	429		(8) administer a public reprimand.
437	430		(b) If the board stays enforcement of an order and places a
438	431		person on probation, the board retains the right to vacate the
439	432		probationary stay and enforce the original order for noncompliance
440	433		with the terms of probation or impose any other remedial measure or
441	434		sanction authorized by this section.
442	435		(c) The board may restore or reissue a registration or
443	436		remove any disciplinary or corrective measure that the board has
444	437		imposed.
445	438		Sec. 207.252. CONDUCT RELATED TO FRAUD OR
446	439		MISREPRESENTATION. The board may take action under Section 207.251
447	440		against an applicant or registration holder who:
448	441		(1) fraudulently or deceptively obtains or attempts to
449	442		obtain a registration;
450	443		(2) fraudulently or deceptively uses a registration;
451	444		(3) falsely represents that the person is a
452	445		radiologist;
453	446		(4) acts in an unprofessional or dishonorable manner
454	447		that is likely to deceive, defraud, or injure the public;
455	448		(5) fraudulently alters any registered radiologist
456	449		assistant registration, certificate, or diploma;
457	450		(6) uses any registered radiologist assistant
458	451		registration, certificate, or diploma that has been fraudulently
459	452		purchased, issued, or counterfeited or that has been materially
460	453		altered;
461	454		(7) directly or indirectly aids or abets the practice
462	455		as a registered radiologist assistant by any person not registered
463	456		by the board to practice as a registered radiologist assistant; or
464	457		(8) unlawfully advertises in a false, misleading, or
465	458		deceptive manner as defined by Section 101.201.
466	459		Sec. 207.253. CONDUCT RELATED TO VIOLATION OF LAW. The
467	460		board may take action under Section 207.251 against an applicant or
468	461		registration holder who:
469	462		(1) violates this chapter or a rule adopted under this
470	463		chapter;
471	464		(2) is convicted of a felony, placed on deferred
472	465		adjudication, or placed in a pretrial diversion program; or
473	466		(3) violates state law if the violation is connected
474	467		with practice as a registered radiologist assistant.
475	468		Sec. 207.254. CONDUCT INDICATING LACK OF FITNESS. (a) The
476	469		board may take action under Section 207.251 against an applicant or
477	470		registration holder who:
478	471		(1) habitually uses drugs or intoxicating liquors to
479	472		the extent that, in the board's opinion, the person cannot safely
480	473		perform as a registered radiologist assistant;
481	474		(2) has been adjudicated as mentally incompetent;
482	475		(3) has a mental or physical condition that renders
483	476		the person unable to safely perform as a registered radiologist
484	477		assistant;
485	478		(4) has committed an act of moral turpitude;
486	479		(5) has failed to practice as a registered radiologist
487	480		assistant in an acceptable manner consistent with public health and
488	481		welfare;
489	482		(6) has had the person's registration or other
490	483		authorization to practice as a registered radiologist assistant
491	484		suspended, revoked, or restricted;
492	485		(7) has had other disciplinary action taken by another
493	486		state or by the uniformed services of the United States regarding
494	487		practice as a registered radiologist assistant;
495	488		(8) is removed or suspended from, or has disciplinary
496	489		action taken by the person's peers in, any professional association
497	490		or society or is being disciplined by a licensed hospital or medical
498	491		staff of a hospital, including removal, suspension, limitation of
499	492		privileges, or other disciplinary action, if that action, in the
500	493		opinion of the board, was based on unprofessional conduct or
501	494		professional incompetence that was likely to harm the public;
502	495		(9) has repeated or recurring meritorious health care
503	496		liability claims that, in the board's opinion, are evidence of
504	497		professional incompetence likely to harm the public; or
505	498		(10) sexually abuses or exploits another person during
506	499		the registration holder's practice as a registered radiologist
507	500		assistant.
508	501		(b) For the purpose of Subsection (a)(7), a certified copy
509	502		of the record of the state or uniformed services of the United
510	503		States taking the action constitutes conclusive evidence of that
511	504		action.
512	505		(c) An action described by Subsection (a)(8) does not
513	506		constitute state action on the part of the association, society, or
514	507		hospital medical staff.
515	508		Sec. 207.255. SUBPOENA. (a) The executive director of the
516	509		board, the director's designee, or the secretary-treasurer of the
517	510		board may issue a subpoena or subpoena duces tecum:
518	511		(1) to conduct an investigation or a contested case
519	512		proceeding related to:
520	513		(A) alleged misconduct by a registered
521	514		radiologist assistant;
522	515		(B) an alleged violation of this chapter or
523	516		another law related to the practice of a registered radiologist
524	517		assistant; or
525	518		(C) the provision of health care under this
526	519		chapter; or
527	520		(2) for purposes of determining whether to issue,
528	521		deny, suspend, restrict, or revoke a registration under this
529	522		chapter.
530	523		(b) Failure to timely comply with a subpoena issued under
531	524		this section is a ground for:
532	525		(1) disciplinary action by the board or another
533	526		licensing or regulatory agency with jurisdiction over the person
534	527		subject to the subpoena; and
535	528		(2) denial of a registration application.
536	529		Sec. 207.256. PROTECTION OF PATIENT IDENTITY. In a
537	530		disciplinary investigation or proceeding conducted under this
538	531		chapter, the board shall protect the identity of each patient whose
539	532		medical records are examined and used in a public proceeding unless
540	533		the patient:
541	534		(1) testifies in the public proceeding; or
542	535		(2) submits a written release in regard to the
543	536		patient's records or identity.
544	537		Sec. 207.257. RULES FOR DISCIPLINARY PROCEEDINGS. Rules of
545	538		practice adopted under this chapter by the board under Section
546	539		2001.004, Government Code, applicable to the proceedings for a
547	540		disciplinary action may not conflict with rules adopted by the
548	541		State Office of Administrative Hearings.
549	542		Sec. 207.258. REQUIRED SUSPENSION OF INCARCERATED
550	543		REGISTERED RADIOLOGIST ASSISTANT. Regardless of the offense, the
551	544		board shall suspend the registration of a registered radiologist
552	545		assistant serving a prison term in a state or federal penitentiary
553	546		during the term of the incarceration.
554	547		Sec. 207.259. TEMPORARY SUSPENSION. (a) The president of
555	548		the board, with board approval, shall appoint a three-member
556	549		disciplinary panel consisting of board members to determine whether
557	550		a registered radiologist assistant's registration should be
558	551		temporarily suspended.
559	552		(b) If the disciplinary panel determines from the evidence
560	553		or information presented to the panel that a person registered to
561	554		practice as a registered radiologist assistant would, by the
562	555		person's continuation in practice, constitute a continuing threat
563	556		to the public welfare, the disciplinary panel shall temporarily
564	557		suspend the registration of that person.
565	558		(c) A registration may be suspended under this section
566	559		without notice or hearing on the complaint if:
567	560		(1) institution of proceedings for a hearing before
568	561		the board is initiated simultaneously with the temporary
569	562		suspension; and
570	563		(2) a hearing is held under Chapter 2001, Government
571	564		Code, and this chapter as soon as possible.
572	565		(d) Notwithstanding Chapter 551, Government Code, the
573	566		disciplinary panel may hold a meeting by telephone conference call
574	567		if immediate action is required and convening the disciplinary
575	568		panel at one location is inconvenient for any member of the panel.
576	569		SUBCHAPTER G. ADMINISTRATIVE PENALTY
577	570		Sec. 207.301. ADMINISTRATIVE PENALTY. (a) The board by
578	571		order may impose an administrative penalty against a person
579	572		registered under this chapter who violates this chapter or a rule or
580	573		order adopted under this chapter.
581	574		(b) The penalty may be in an amount not to exceed $5,000.
582	575		Each day a violation continues or occurs is a separate violation for
583	576		purposes of imposing a penalty.
584	577		(c) The board shall base the amount of the penalty on:
585	578		(1) the severity of patient harm;
586	579		(2) the severity of economic harm to any person;
587	580		(3) the severity of any environmental harm;
588	581		(4) the increased potential for harm to the public;
589	582		(5) any attempted concealment of misconduct;
590	583		(6) any premeditated or intentional misconduct;
591	584		(7) the motive for the violation;
592	585		(8) any prior misconduct of a similar or related
593	586		nature;
594	587		(9) the registration holder's disciplinary history;
595	588		(10) any prior written warnings or written
596	589		admonishments from any government agency or official regarding
597	590		statutes or rules relating to the misconduct;
598	591		(11) whether the violation is of a board order;
599	592		(12) the person's failure to implement remedial
600	593		measures to correct or mitigate harm from the misconduct;
601	594		(13) the person's lack of rehabilitative potential or
602	595		likelihood of future misconduct of a similar nature;
603	596		(14) any relevant circumstances increasing the
604	597		seriousness of the misconduct; and
605	598		(15) any other matter that justice may require.
606	599		(d) The board by rule shall prescribe the procedures by
607	600		which it may impose an administrative penalty. A proceeding under
608	601		this section is subject to Chapter 2001, Government Code.
609	602		(e) If the board by order determines that a violation has
610	603		occurred and imposes an administrative penalty, the board shall
611	604		give notice to the person of the order. The notice must include a
612	605		statement of the person's right to judicial review of the order.
613	606		SECTION 4. Not later than January 1, 2016, the Texas Medical
614	607		Board shall adopt the rules and procedures necessary to administer
615	608		Chapter 207, Occupations Code, as added by this Act.
616	609		SECTION 5. Notwithstanding Chapter 207, Occupations Code,
617	610		as added by this Act, a registered radiologist assistant is not
618	611		required to hold a registration under that chapter to practice as a
619	612		registered radiologist assistant in this state before September 1,
620	613		2016.
621	614		SECTION 6. This Act takes effect September 1, 2015.
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