Texas 2019 - 86th Regular

Texas House Bill HB2593 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R20267 KKR-F
2	1		By: Coleman H.B. No. 2593
3		-	Substitute the following for H.B. No. 2593:
4		-	By: Thompson of Harris C.S.H.B. No. 2593
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the delegation by a podiatrist of certain acts to
10	7		certain podiatric assistants; authorizing fees.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Subchapter H, Chapter 202, Occupations Code, is
13	10		amended by adding Section 202.354 to read as follows:
14	11		Sec. 202.354. DELEGATION OF CERTAIN ACTS. (a) A podiatrist
15	12		may delegate to a qualified and properly trained podiatric medical
16	13		assistant acting under the podiatrist's supervision any podiatric
17	14		medical act that a reasonable and prudent podiatrist would find
18	15		within the scope of sound medical judgment to delegate if:
19	16		(1) in the opinion of the delegating podiatrist, the
20	17		medical act:
21	18		(A) can be properly and safely performed by the
22	19		podiatric medical assistant to whom the podiatric medical act is
23	20		delegated; and
24	21		(B) is performed in a customary manner and not in
25	22		violation of any other statute; and
26	23		(2) the podiatric medical assistant to whom the
27	24		podiatric medical act is delegated does not represent to the public
28	25		that the medical assistant is authorized to practice podiatry.
29	26		(b) A delegating podiatrist is responsible for a podiatric
30	27		medical act performed by the podiatric medical assistant to whom
31	28		the podiatrist delegates the act.
32	29		SECTION 2. Subchapter D, Chapter 601, Occupations Code, is
33	30		amended by adding Section 601.157 to read as follows:
34	31		Sec. 601.157. PERSON SUPERVISED BY PODIATRIST. A person is
35	32		not required to hold a certificate issued under this chapter to
36	33		perform a radiologic procedure if:
37	34		(1) the procedure is performed under the supervision
38	35		of a podiatrist; and
39	36		(2) the person:
40	37		(A) is registered with the Texas Department of
41	38		Licensing and Regulation to assist a podiatrist; and
42	39		(B) complies with rules adopted under Section
43	40		601.252(e).
44	41		SECTION 3. Section 601.251, Occupations Code, is amended to
45	42		read as follows:
46	43		Sec. 601.251. APPLICABILITY. This subchapter applies to
47	44		the:
48	45		(1) Texas Board of Nursing;
49	46		(2) Texas Board of Chiropractic Examiners;
50	47		(3) State Board of Dental Examiners;
51	48		(4) Texas Medical Board;
52	49		(5) Texas Department of Licensing and Regulation, with
53	50		respect to the department's authority to regulate podiatrists
54	51		[State Board of Podiatric Medical Examiners]; and
55	52		(6) Texas Physician Assistant Board.
56	53		SECTION 4. Section 601.252, Occupations Code, is amended by
57	54		adding Subsections (e) and (f) to read as follows:
58	55		(e) Rules adopted under this section by the Texas Commission
59	56		of Licensing and Regulation must:
60	57		(1) require an authorized person who performs
61	58		radiologic procedures under the delegation of a podiatrist, other
62	59		than a registered nurse, to register with the Texas Department of
63	60		Licensing and Regulation;
64	61		(2) establish reasonable and necessary fees to cover
65	62		the administrative costs incurred by the Texas Department of
66	63		Licensing and Regulation in administering a registration program
67	64		created under this subsection;
68	65		(3) establish grounds for the suspension, revocation,
69	66		or nonrenewal of a registration issued under this subsection; and
70		-	(4) establish standards for training and supervising
	67	+	(4) establish standards, for training and supervising
71	68		the operators of the equipment.
72	69		(f) In adopting rules under Subsection (e), the Texas
73	70		Commission of Licensing and Regulation may take into account
74	71		whether the radiologic procedure will be performed by a registered
75	72		nurse.
76	73		SECTION 5. To the extent of any conflict, this Act prevails
77	74		over another Act of the 86th Legislature, Regular Session, 2019,
78	75		relating to nonsubstantive additions to and corrections in enacted
79	76		codes.
80	77		SECTION 6. This Act takes effect September 1, 2019.