86R20267 KKR-F
By: Coleman H.B. No. 2593
Substitute the following for H.B. No. 2593:
By: Thompson of Harris C.S.H.B. No. 2593
A BILL TO BE ENTITLED
AN ACT
relating to the delegation by a podiatrist of certain acts to
certain podiatric assistants; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 202, Occupations Code, is
amended by adding Section 202.354 to read as follows:
Sec. 202.354. DELEGATION OF CERTAIN ACTS. (a) A podiatrist
may delegate to a qualified and properly trained podiatric medical
assistant acting under the podiatrist's supervision any podiatric
medical act that a reasonable and prudent podiatrist would find
within the scope of sound medical judgment to delegate if:
(1) in the opinion of the delegating podiatrist, the
medical act:
(A) can be properly and safely performed by the
podiatric medical assistant to whom the podiatric medical act is
delegated; and
(B) is performed in a customary manner and not in
violation of any other statute; and
(2) the podiatric medical assistant to whom the
podiatric medical act is delegated does not represent to the public
that the medical assistant is authorized to practice podiatry.
(b) A delegating podiatrist is responsible for a podiatric
medical act performed by the podiatric medical assistant to whom
the podiatrist delegates the act.
SECTION 2. Subchapter D, Chapter 601, Occupations Code, is
amended by adding Section 601.157 to read as follows:
Sec. 601.157. PERSON SUPERVISED BY PODIATRIST. A person is
not required to hold a certificate issued under this chapter to
perform a radiologic procedure if:
(1) the procedure is performed under the supervision
of a podiatrist; and
(2) the person:
(A) is registered with the Texas Department of
Licensing and Regulation to assist a podiatrist; and
(B) complies with rules adopted under Section
601.252(e).
SECTION 3. Section 601.251, Occupations Code, is amended to
read as follows:
Sec. 601.251. APPLICABILITY. This subchapter applies to
the:
(1) Texas Board of Nursing;
(2) Texas Board of Chiropractic Examiners;
(3) State Board of Dental Examiners;
(4) Texas Medical Board;
(5) Texas Department of Licensing and Regulation, with
respect to the department's authority to regulate podiatrists
[State Board of Podiatric Medical Examiners]; and
(6) Texas Physician Assistant Board.
SECTION 4. Section 601.252, Occupations Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) Rules adopted under this section by the Texas Commission
of Licensing and Regulation must:
(1) require an authorized person who performs
radiologic procedures under the delegation of a podiatrist, other
than a registered nurse, to register with the Texas Department of
Licensing and Regulation;
(2) establish reasonable and necessary fees to cover
the administrative costs incurred by the Texas Department of
Licensing and Regulation in administering a registration program
created under this subsection;
(3) establish grounds for the suspension, revocation,
or nonrenewal of a registration issued under this subsection; and
(4) establish standards for training and supervising
the operators of the equipment.
(f) In adopting rules under Subsection (e), the Texas
Commission of Licensing and Regulation may take into account
whether the radiologic procedure will be performed by a registered
nurse.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2019.