| 1 | 1 | | 86R13238 BEE-F |
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| 2 | 2 | | By: Sheffield H.B. No. 4312 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prohibition of a physician's authority to delegate |
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| 8 | 8 | | certain radiologic procedures that constitute the practice of |
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| 9 | 9 | | medicine. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 157.001, Occupations |
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| 12 | 12 | | Code, is amended to read as follows: |
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| 13 | 13 | | Sec. 157.001. GENERAL AUTHORITY OF PHYSICIAN TO DELEGATE; |
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| 14 | 14 | | EXCEPTIONS. |
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| 15 | 15 | | SECTION 2. Section 157.001, Occupations Code, is amended by |
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| 16 | 16 | | amending Subsections (a) and (c) and adding Subsection (d) to read |
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| 17 | 17 | | as follows: |
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| 18 | 18 | | (a) Except as provided by Subsection (d), a [A] physician |
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| 19 | 19 | | may delegate to a qualified and properly trained person acting |
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| 20 | 20 | | under the physician's supervision any medical act that a reasonable |
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| 21 | 21 | | and prudent physician would find within the scope of sound medical |
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| 22 | 22 | | judgment to delegate if, in the opinion of the delegating |
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| 23 | 23 | | physician: |
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| 24 | 24 | | (1) the act: |
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| 25 | 25 | | (A) can be properly and safely performed by the |
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| 26 | 26 | | person to whom the medical act is delegated; |
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| 27 | 27 | | (B) is performed in its customary manner; and |
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| 28 | 28 | | (C) is not in violation of any other statute; and |
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| 29 | 29 | | (2) the person to whom the delegation is made does not |
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| 30 | 30 | | represent to the public that the person is authorized to practice |
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| 31 | 31 | | medicine. |
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| 32 | 32 | | (c) Except as provided by Subsection (d), the [The] board |
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| 33 | 33 | | may determine whether: |
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| 34 | 34 | | (1) an act constitutes the practice of medicine, not |
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| 35 | 35 | | inconsistent with this chapter; and |
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| 36 | 36 | | (2) a medical act may be properly or safely delegated |
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| 37 | 37 | | by physicians. |
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| 38 | 38 | | (d) The following acts constitute the practice of medicine |
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| 39 | 39 | | and may not be delegated by a physician: |
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| 40 | 40 | | (1) reading or interpreting a radiological study; and |
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| 41 | 41 | | (2) rendering a diagnosis based on a radiological |
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| 42 | 42 | | study. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2019. |
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