86R13238 BEE-F
By: Sheffield H.B. No. 4312
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of a physician's authority to delegate
certain radiologic procedures that constitute the practice of
medicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 157.001, Occupations
Code, is amended to read as follows:
Sec. 157.001. GENERAL AUTHORITY OF PHYSICIAN TO DELEGATE;
EXCEPTIONS.
SECTION 2. Section 157.001, Occupations Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) Except as provided by Subsection (d), a [A] physician
may delegate to a qualified and properly trained person acting
under the physician's supervision any medical act that a reasonable
and prudent physician would find within the scope of sound medical
judgment to delegate if, in the opinion of the delegating
physician:
(1) the act:
(A) can be properly and safely performed by the
person to whom the medical act is delegated;
(B) is performed in its customary manner; and
(C) is not in violation of any other statute; and
(2) the person to whom the delegation is made does not
represent to the public that the person is authorized to practice
medicine.
(c) Except as provided by Subsection (d), the [The] board
may determine whether:
(1) an act constitutes the practice of medicine, not
inconsistent with this chapter; and
(2) a medical act may be properly or safely delegated
by physicians.
(d) The following acts constitute the practice of medicine
and may not be delegated by a physician:
(1) reading or interpreting a radiological study; and
(2) rendering a diagnosis based on a radiological
study.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.