TX
Texas House Bill HB3878

Texas 2019 - 86th Regular

Texas House Bill HB3878 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 86R1079 JCG-F
22 By: Stucky H.B. No. 3878
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the requirement to obtain a license to practice as an
88 anesthesiologist assistant; providing an administrative penalty;
99 authorizing fees.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle C, Title 3, Occupations Code, is
1212 amended by adding Chapter 207 to read as follows:
1313 CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 207.001. DEFINITIONS. In this chapter:
1616 (1) "Anesthesiologist" means a physician licensed by
1717 the Texas Medical Board who specializes in anesthesiology.
1818 (2) "Anesthesiologist assistant" means a person who
1919 holds a license issued under this chapter.
2020 (3) "Anesthesiologist assistant board" means the
2121 Texas Anesthesiologist Assistant Board.
2222 (4) "Medical board" means the Texas Medical Board.
2323 SUBCHAPTER B. TEXAS ANESTHESIOLOGIST ASSISTANT BOARD
2424 Sec. 207.051. ANESTHESIOLOGIST ASSISTANT BOARD. (a) The
2525 Texas Anesthesiologist Assistant Board is an advisory board to the
2626 medical board.
2727 (b) The anesthesiologist assistant board consists of five
2828 members appointed by the president of the medical board as follows:
2929 (1) two anesthesiologist assistants;
3030 (2) two anesthesiologists; and
3131 (3) one member who represents the public and is not
3232 licensed or trained in a health care profession.
3333 (c) Appointments to the anesthesiologist assistant board
3434 shall be made without regard to the race, color, disability, sex,
3535 religion, age, or national origin of the appointee.
3636 Sec. 207.052. TERMS; VACANCIES. (a) Members of the
3737 anesthesiologist assistant board serve staggered six-year terms.
3838 The terms of one or two members, as appropriate, expire on January
3939 31 each odd-numbered year.
4040 (b) An anesthesiologist assistant board member who is an
4141 anesthesiologist assistant or anesthesiologist may not serve more
4242 than two consecutive terms.
4343 (c) If a vacancy occurs during a member's term, the
4444 president of the medical board shall appoint a new member to serve
4545 the unexpired term.
4646 Sec. 207.053. APPLICABILITY OF OTHER LAW. (a) Chapter
4747 2110, Government Code, does not apply to the anesthesiologist
4848 assistant board.
4949 (b) Except as otherwise provided by this chapter, the
5050 anesthesiologist assistant board is subject to Chapters 551 and
5151 2001, Government Code.
5252 Sec. 207.054. COMPENSATION; REIMBURSEMENT. An
5353 anesthesiologist assistant board member may not receive
5454 compensation for service on the anesthesiologist assistant board
5555 but is entitled to receive reimbursement under the General
5656 Appropriations Act for transportation and related expenses
5757 incurred while conducting the anesthesiologist assistant board's
5858 business.
5959 SUBCHAPTER C. POWERS AND DUTIES OF ANESTHESIOLOGIST
6060 ASSISTANT BOARD AND MEDICAL BOARD
6161 Sec. 207.101. GENERAL POWERS AND DUTIES OF ANESTHESIOLOGIST
6262 ASSISTANT BOARD; MEDICAL BOARD APPROVAL. (a) The anesthesiologist
6363 assistant board shall:
6464 (1) adopt rules that are reasonable and necessary for
6565 the performance of the board's duties related to the regulation of
6666 anesthesiologist assistants under this chapter, as provided by
6767 Chapter 2001, Government Code; and
6868 (2) take any action necessary to carry out the
6969 functions and duties of the board under this chapter.
7070 (b) The medical board, by a majority vote, shall approve or
7171 reject each rule adopted by the anesthesiologist assistant board.
7272 If approved, the rule may take effect. If the rule is rejected, the
7373 medical board shall return the rule to the anesthesiologist
7474 assistant board for revision.
7575 Sec. 207.102. GUIDELINES FOR EARLY INVOLVEMENT IN
7676 RULEMAKING PROCESS. (a) The anesthesiologist assistant board
7777 shall adopt guidelines to establish procedures for receiving input
7878 during the rulemaking process from individuals and groups that have
7979 an interest in matters under the anesthesiologist assistant board's
8080 jurisdiction. The guidelines must provide an opportunity for those
8181 individuals and groups to provide input before the anesthesiologist
8282 assistant board submits the rule to the medical board for approval.
8383 (b) A rule adopted or approved by the medical board may not
8484 be challenged on the grounds that the anesthesiologist assistant
8585 board did not comply with this section. If the anesthesiologist
8686 assistant board was unable to solicit a significant amount of input
8787 from the public or affected persons early in the rulemaking
8888 process, the anesthesiologist assistant board shall state in
8989 writing the reasons why the anesthesiologist assistant board was
9090 unable to do so.
9191 Sec. 207.103. POWERS AND DUTIES OF MEDICAL BOARD RELATING
9292 TO ANESTHESIOLOGIST ASSISTANTS. (a) The medical board shall
9393 administer and enforce this chapter.
9494 (b) The medical board:
9595 (1) may establish requirements to obtain an
9696 anesthesiologist assistant license, including education and
9797 training requirements, in addition to the requirements under
9898 Section 207.153;
9999 (2) may establish examination requirements for an
100100 anesthesiologist assistant license in addition to the requirements
101101 under Section 207.153;
102102 (3) shall prescribe application requirements for a
103103 license to practice as an anesthesiologist assistant and establish
104104 license renewal requirements and renewal dates;
105105 (4) shall develop an approved program of mandatory
106106 continuing education and the manner by which attendance at all
107107 approved courses, clinics, forums, lectures, programs, or seminars
108108 is monitored and recorded;
109109 (5) shall review and approve or reject each
110110 application for the issuance or renewal of a license; and
111111 (6) shall establish procedures for disciplinary
112112 actions to deny, suspend, or revoke a license or otherwise
113113 discipline a license holder.
114114 Sec. 207.104. RULES. (a) The medical board shall adopt
115115 rules consistent with this chapter to regulate anesthesiologist
116116 assistants and anesthesiologists who supervise anesthesiologist
117117 assistants.
118118 (b) The rules adopted by the medical board must include
119119 requirements and limitations on the provision of anesthesia
120120 services by an anesthesiologist assistant as determined by the
121121 medical board to be in the best interests of patient health and
122122 safety, including:
123123 (1) a requirement that an anesthesiologist assistant
124124 be supervised by an anesthesiologist who is actively engaged in
125125 clinical practice and available on-site to provide assistance to
126126 the anesthesiologist assistant;
127127 (2) a limit on the number of anesthesiologist
128128 assistants and student anesthesiologist assistants an
129129 anesthesiologist may supervise, in accordance with any
130130 requirements of the Centers for Medicare and Medicaid Services; and
131131 (3) a requirement that an anesthesiologist assistant
132132 shall maintain compliance with all continuing education
133133 requirements adopted by the medical board and with recertification
134134 requirements of the National Commission for Certification of
135135 Anesthesiologist Assistants or its successor organization.
136136 Sec. 207.105. FEES. The medical board shall set and collect
137137 fees in amounts that are reasonable and necessary to cover the costs
138138 of administering and enforcing this chapter without the use of any
139139 other funds generated by the medical board.
140140 SUBCHAPTER D. LICENSE REQUIREMENTS
141141 Sec. 207.151. LICENSE REQUIRED. A person may not practice
142142 as an anesthesiologist assistant in this state unless the person
143143 holds an anesthesiologist assistant license issued under this
144144 chapter.
145145 Sec. 207.152. ISSUANCE OF LICENSE. The medical board shall
146146 issue a license to an applicant who:
147147 (1) meets the eligibility requirements of Section
148148 207.153;
149149 (2) submits an application on a form prescribed by the
150150 medical board; and
151151 (3) pays the required application and licensing fees.
152152 Sec. 207.153. ELIGIBILITY REQUIREMENTS. To be eligible for
153153 a license under this chapter, an applicant must:
154154 (1) submit proof of completion of a graduate level
155155 training program accredited by the Commission on Accreditation of
156156 Allied Health Education Programs or its successor organization;
157157 (2) pass a certifying examination administered by the
158158 National Commission for Certification of Anesthesiologist
159159 Assistants or its successor organization not later than 12 months
160160 from the date of completion of the training program required under
161161 Subdivision (1);
162162 (3) submit proof of current certification from the
163163 National Commission for Certification of Anesthesiologist
164164 Assistants or its successor organization; and
165165 (4) meet any additional qualifications adopted by rule
166166 by the medical board.
167167 SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
168168 Sec. 207.201. SCOPE OF PRACTICE. (a) An anesthesiologist
169169 assistant may assist the supervising anesthesiologist and perform
170170 duties delegated by the supervising anesthesiologist, including
171171 the development and implementation of a patient's anesthesia care
172172 plan that is consistent with the rules adopted under this chapter.
173173 (b) An anesthesiologist assistant who assists an
174174 anesthesiologist is not considered to be engaged in the practice of
175175 medicine.
176176 (c) This chapter does not limit or expand the scope of
177177 practice of a physician assistant.
178178 Sec. 207.202. USE OF TITLE. (a) A person may not use the
179179 title "anesthesiologist assistant" or represent that the person is
180180 an anesthesiologist assistant unless the person holds a license
181181 issued under this chapter. A person who violates this subsection is
182182 subject to an administrative penalty in an amount to be determined
183183 by the medical board.
184184 (b) A student in an anesthesiologist assistant training
185185 program shall be identified as a student anesthesiologist assistant
186186 or an anesthesiologist assistant student. A student may not use or
187187 permit to be used on the student's behalf the term "intern,"
188188 "resident," or "fellow," or another term that identifies the
189189 student as a physician or surgeon.
190190 SECTION 2. As soon as practicable after the effective date
191191 of this Act, the president of the Texas Medical Board shall appoint
192192 five members to the Texas Anesthesiologist Assistant Board in
193193 accordance with Chapter 207, Occupations Code, as added by this
194194 Act. In making the initial appointments, the president of the Texas
195195 Medical Board shall designate two members for terms expiring
196196 January 31, 2021, two members for terms expiring January 31, 2023,
197197 and one member for a term expiring January 31, 2025.
198198 SECTION 3. Not later than June 1, 2020, the Texas Medical
199199 Board with the advice of the Texas Anesthesiologist Assistant Board
200200 shall adopt the rules, procedures, and fees necessary to administer
201201 Chapter 207, Occupations Code, as added by this Act.
202202 SECTION 4. Notwithstanding Chapter 207, Occupations Code,
203203 as added by this Act, an anesthesiologist assistant is not required
204204 to hold a license under that chapter to practice as an
205205 anesthesiologist assistant in this state before September 1, 2020.
206206 SECTION 5. (a) Except as provided by Subsection (b) of this
207207 section, this Act takes effect September 1, 2019.
208208 (b) Sections 207.151 and 207.202, Occupations Code, as
209209 added by this Act, take effect September 1, 2020.