86R1079 JCG-F
By: Stucky H.B. No. 3878
A BILL TO BE ENTITLED
AN ACT
relating to the requirement to obtain a license to practice as an
anesthesiologist assistant; providing an administrative penalty;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 3, Occupations Code, is
amended by adding Chapter 207 to read as follows:
CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 207.001. DEFINITIONS. In this chapter:
(1) "Anesthesiologist" means a physician licensed by
the Texas Medical Board who specializes in anesthesiology.
(2) "Anesthesiologist assistant" means a person who
holds a license issued under this chapter.
(3) "Anesthesiologist assistant board" means the
Texas Anesthesiologist Assistant Board.
(4) "Medical board" means the Texas Medical Board.
SUBCHAPTER B. TEXAS ANESTHESIOLOGIST ASSISTANT BOARD
Sec. 207.051. ANESTHESIOLOGIST ASSISTANT BOARD. (a) The
Texas Anesthesiologist Assistant Board is an advisory board to the
medical board.
(b) The anesthesiologist assistant board consists of five
members appointed by the president of the medical board as follows:
(1) two anesthesiologist assistants;
(2) two anesthesiologists; and
(3) one member who represents the public and is not
licensed or trained in a health care profession.
(c) Appointments to the anesthesiologist assistant board
shall be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointee.
Sec. 207.052. TERMS; VACANCIES. (a) Members of the
anesthesiologist assistant board serve staggered six-year terms.
The terms of one or two members, as appropriate, expire on January
31 each odd-numbered year.
(b) An anesthesiologist assistant board member who is an
anesthesiologist assistant or anesthesiologist may not serve more
than two consecutive terms.
(c) If a vacancy occurs during a member's term, the
president of the medical board shall appoint a new member to serve
the unexpired term.
Sec. 207.053. APPLICABILITY OF OTHER LAW. (a) Chapter
2110, Government Code, does not apply to the anesthesiologist
assistant board.
(b) Except as otherwise provided by this chapter, the
anesthesiologist assistant board is subject to Chapters 551 and
2001, Government Code.
Sec. 207.054. COMPENSATION; REIMBURSEMENT. An
anesthesiologist assistant board member may not receive
compensation for service on the anesthesiologist assistant board
but is entitled to receive reimbursement under the General
Appropriations Act for transportation and related expenses
incurred while conducting the anesthesiologist assistant board's
business.
SUBCHAPTER C. POWERS AND DUTIES OF ANESTHESIOLOGIST
ASSISTANT BOARD AND MEDICAL BOARD
Sec. 207.101. GENERAL POWERS AND DUTIES OF ANESTHESIOLOGIST
ASSISTANT BOARD; MEDICAL BOARD APPROVAL. (a) The anesthesiologist
assistant board shall:
(1) adopt rules that are reasonable and necessary for
the performance of the board's duties related to the regulation of
anesthesiologist assistants under this chapter, as provided by
Chapter 2001, Government Code; and
(2) take any action necessary to carry out the
functions and duties of the board under this chapter.
(b) The medical board, by a majority vote, shall approve or
reject each rule adopted by the anesthesiologist assistant board.
If approved, the rule may take effect. If the rule is rejected, the
medical board shall return the rule to the anesthesiologist
assistant board for revision.
Sec. 207.102. GUIDELINES FOR EARLY INVOLVEMENT IN
RULEMAKING PROCESS. (a) The anesthesiologist assistant board
shall adopt guidelines to establish procedures for receiving input
during the rulemaking process from individuals and groups that have
an interest in matters under the anesthesiologist assistant board's
jurisdiction. The guidelines must provide an opportunity for those
individuals and groups to provide input before the anesthesiologist
assistant board submits the rule to the medical board for approval.
(b) A rule adopted or approved by the medical board may not
be challenged on the grounds that the anesthesiologist assistant
board did not comply with this section. If the anesthesiologist
assistant board was unable to solicit a significant amount of input
from the public or affected persons early in the rulemaking
process, the anesthesiologist assistant board shall state in
writing the reasons why the anesthesiologist assistant board was
unable to do so.
Sec. 207.103. POWERS AND DUTIES OF MEDICAL BOARD RELATING
TO ANESTHESIOLOGIST ASSISTANTS. (a) The medical board shall
administer and enforce this chapter.
(b) The medical board:
(1) may establish requirements to obtain an
anesthesiologist assistant license, including education and
training requirements, in addition to the requirements under
Section 207.153;
(2) may establish examination requirements for an
anesthesiologist assistant license in addition to the requirements
under Section 207.153;
(3) shall prescribe application requirements for a
license to practice as an anesthesiologist assistant and establish
license renewal requirements and renewal dates;
(4) shall develop an approved program of mandatory
continuing education and the manner by which attendance at all
approved courses, clinics, forums, lectures, programs, or seminars
is monitored and recorded;
(5) shall review and approve or reject each
application for the issuance or renewal of a license; and
(6) shall establish procedures for disciplinary
actions to deny, suspend, or revoke a license or otherwise
discipline a license holder.
Sec. 207.104. RULES. (a) The medical board shall adopt
rules consistent with this chapter to regulate anesthesiologist
assistants and anesthesiologists who supervise anesthesiologist
assistants.
(b) The rules adopted by the medical board must include
requirements and limitations on the provision of anesthesia
services by an anesthesiologist assistant as determined by the
medical board to be in the best interests of patient health and
safety, including:
(1) a requirement that an anesthesiologist assistant
be supervised by an anesthesiologist who is actively engaged in
clinical practice and available on-site to provide assistance to
the anesthesiologist assistant;
(2) a limit on the number of anesthesiologist
assistants and student anesthesiologist assistants an
anesthesiologist may supervise, in accordance with any
requirements of the Centers for Medicare and Medicaid Services; and
(3) a requirement that an anesthesiologist assistant
shall maintain compliance with all continuing education
requirements adopted by the medical board and with recertification
requirements of the National Commission for Certification of
Anesthesiologist Assistants or its successor organization.
Sec. 207.105. FEES. The medical board shall set and collect
fees in amounts that are reasonable and necessary to cover the costs
of administering and enforcing this chapter without the use of any
other funds generated by the medical board.
SUBCHAPTER D. LICENSE REQUIREMENTS
Sec. 207.151. LICENSE REQUIRED. A person may not practice
as an anesthesiologist assistant in this state unless the person
holds an anesthesiologist assistant license issued under this
chapter.
Sec. 207.152. ISSUANCE OF LICENSE. The medical board shall
issue a license to an applicant who:
(1) meets the eligibility requirements of Section
207.153;
(2) submits an application on a form prescribed by the
medical board; and
(3) pays the required application and licensing fees.
Sec. 207.153. ELIGIBILITY REQUIREMENTS. To be eligible for
a license under this chapter, an applicant must:
(1) submit proof of completion of a graduate level
training program accredited by the Commission on Accreditation of
Allied Health Education Programs or its successor organization;
(2) pass a certifying examination administered by the
National Commission for Certification of Anesthesiologist
Assistants or its successor organization not later than 12 months
from the date of completion of the training program required under
Subdivision (1);
(3) submit proof of current certification from the
National Commission for Certification of Anesthesiologist
Assistants or its successor organization; and
(4) meet any additional qualifications adopted by rule
by the medical board.
SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
Sec. 207.201. SCOPE OF PRACTICE. (a) An anesthesiologist
assistant may assist the supervising anesthesiologist and perform
duties delegated by the supervising anesthesiologist, including
the development and implementation of a patient's anesthesia care
plan that is consistent with the rules adopted under this chapter.
(b) An anesthesiologist assistant who assists an
anesthesiologist is not considered to be engaged in the practice of
medicine.
(c) This chapter does not limit or expand the scope of
practice of a physician assistant.
Sec. 207.202. USE OF TITLE. (a) A person may not use the
title "anesthesiologist assistant" or represent that the person is
an anesthesiologist assistant unless the person holds a license
issued under this chapter. A person who violates this subsection is
subject to an administrative penalty in an amount to be determined
by the medical board.
(b) A student in an anesthesiologist assistant training
program shall be identified as a student anesthesiologist assistant
or an anesthesiologist assistant student. A student may not use or
permit to be used on the student's behalf the term "intern,"
"resident," or "fellow," or another term that identifies the
student as a physician or surgeon.
SECTION 2. As soon as practicable after the effective date
of this Act, the president of the Texas Medical Board shall appoint
five members to the Texas Anesthesiologist Assistant Board in
accordance with Chapter 207, Occupations Code, as added by this
Act. In making the initial appointments, the president of the Texas
Medical Board shall designate two members for terms expiring
January 31, 2021, two members for terms expiring January 31, 2023,
and one member for a term expiring January 31, 2025.
SECTION 3. Not later than June 1, 2020, the Texas Medical
Board with the advice of the Texas Anesthesiologist Assistant Board
shall adopt the rules, procedures, and fees necessary to administer
Chapter 207, Occupations Code, as added by this Act.
SECTION 4. Notwithstanding Chapter 207, Occupations Code,
as added by this Act, an anesthesiologist assistant is not required
to hold a license under that chapter to practice as an
anesthesiologist assistant in this state before September 1, 2020.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2019.
(b) Sections 207.151 and 207.202, Occupations Code, as
added by this Act, take effect September 1, 2020.