Texas 2019 - 86th Regular

Texas Senate Bill SB1743 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5044 KKR-D
2	2	By: Menéndez S.B. No. 1743
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of surgical assistants.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 206.002(a), Occupations Code, is amended
10	10	to read as follows:
11	11	(a) A person is not required to hold a license under this
12	12	chapter if the person is:
13	13	(1) a student enrolled in a surgical assistant
14	14	education program approved by the medical board who is assisting in
15	15	a surgical operation that is an integral part of the program of
16	16	study;
17	17	(2) a surgical assistant employed in the service of
18	18	the federal government while performing duties related to that
19	19	employment;
20	20	(3) [a person acting under the delegated authority of
21	21	a licensed physician;
22	22	[(4)] a licensed health care worker acting within the
23	23	scope of the person's license;
24	24	(4) [(5)] a registered nurse; or
25	25	(5) [(6)] a licensed physician assistant.
26	26	SECTION 2. Section 206.052(a), Occupations Code, is amended
27	27	to read as follows:
28	28	(a) The advisory committee consists of five [six] members
29	29	appointed by the president of the medical board as follows:
30	30	(1) one[. One member must be a] registered
31	31	perioperative nurse with at least five years of clinical experience
32	32	as a registered perioperative nurse;
33	33	(2) three licensed[. Each of the remaining members
34	34	must be:
35	35	[(1) a] practicing surgical assistants [assistant]
36	36	who have [has] at least five years of clinical experience as a
37	37	surgical assistant; and
38	38	(3) one [or
39	39	[(2) a] physician licensed in this state who
40	40	supervises a surgical assistant.
41	41	SECTION 3. Section 206.056, Occupations Code, is amended to
42	42	read as follows:
43	43	Sec. 206.056. OFFICERS. The president of the medical board
44	44	shall designate biennially a committee member who is a licensed
45	45	surgical assistant as the presiding officer of the advisory
46	46	committee to serve in that capacity at the will of the president.
47	47	SECTION 4. Section 206.058(a), Occupations Code, is amended
48	48	to read as follows:
49	49	(a) The advisory committee shall meet at the call of the
50	50	presiding officer [as requested by the medical board].
51	51	SECTION 5. Section 206.203, Occupations Code, is amended by
52	52	amending Subsections (a) and (b) and adding Subsection (d) to read
53	53	as follows:
54	54	(a) Except as provided by Section 206.206, to be eligible
55	55	for a license, a person must:
56	56	(1) [be of good moral character;
57	57	[(2) have not been convicted of a felony or a crime
58	58	involving moral turpitude;
59	59	[(3)] not use drugs or alcohol to an extent that
60	60	affects the applicant's professional competency; and
61	61	(2) [(4)] not have had a license or certification
62	62	revoked by a licensing agency or by a certifying professional
63	63	organization[; and
64	64	[(5) not have engaged in fraud or deceit in applying
65	65	for a license under this chapter].
66	66	(b) In addition to meeting the requirements of Subsection
67	67	(a), a person must:
68	68	(1) pass the examination required by Section 206.204;
69	69	(2) hold at least an associate's degree based on
70	70	completion of an educational program that is substantially
71	71	equivalent to the education required for a registered nurse or
72	72	physician assistant who specializes in surgical assisting;
73	73	(3) demonstrate to the satisfaction of the medical
74	74	board the completion of full-time work experience performed in this
75	75	country under the direct supervision of a physician licensed in
76	76	this country and consisting of at least 1,000 [2,000] hours of
77	77	performance as an assistant in surgical procedures [for the three
78	78	years preceding the date of application]; and
79	79	(4) possess a current certification by a national
80	80	certifying body approved by the medical board.
81	81	(d) Clinical hours completed by a person under an
82	82	educational program described by Subsection (b)(2) apply toward the
83	83	1,000 hours required under Subsection (b)(3) if the person
84	84	successfully completed the program. The medical board shall adopt
85	85	rules regarding the evaluation and verification of hours completed
86	86	under this subsection.
87	87	SECTION 6. Subchapter E, Chapter 206, Occupations Code, is
88	88	amended by adding Sections 206.2031, 206.2051, and 206.2131 to read
89	89	as follows:
90	90	Sec. 206.2031. CRIMINAL HISTORY RECORD INFORMATION
91	91	REQUIREMENT FOR LICENSE ISSUANCE. (a) The medical board shall
92	92	require that an applicant for a license under this chapter submit a
93	93	complete and legible set of fingerprints, on a form prescribed by
94	94	the medical board, to the medical board or to the Department of
95	95	Public Safety for the purpose of obtaining criminal history record
96	96	information from the Department of Public Safety and the Federal
97	97	Bureau of Investigation.
98	98	(b) The medical board may not issue a license to a person who
99	99	does not comply with the requirement of Subsection (a).
100	100	(c) The medical board shall conduct a criminal history
101	101	record information check of each applicant for a license using
102	102	information:
103	103	(1) provided by the individual under this section; and
104	104	(2) made available to the medical board by the
105	105	Department of Public Safety, the Federal Bureau of Investigation,
106	106	and any other criminal justice agency under Chapter 411, Government
107	107	Code.
108	108	(d) The medical board may:
109	109	(1) enter into an agreement with the Department of
110	110	Public Safety to administer a criminal history record information
111	111	check required under this section; and
112	112	(2) authorize the Department of Public Safety to
113	113	collect from each applicant the costs incurred by the Department of
114	114	Public Safety in conducting the criminal history record information
115	115	check.
116	116	Sec. 206.2051. ALTERNATIVE ELIGIBILITY FOR LICENSE. (a) A
117	117	person who does not meet the requirements of Section 206.203(b) is
118	118	eligible for a license if the person:
119	119	(1) applies for a license before December 1, 2022; and
120	120	(2) completes the full-time work experience described
121	121	by Subsection (b).
122	122	(b) A person satisfies the requirement of Subsection (a)(2)
123	123	if the person demonstrates to the satisfaction of the medical board
124	124	that the person has full-time work experience performed in this
125	125	country under the direct supervision of a physician licensed in
126	126	this country consisting of:
127	127	(1) at least 1,000 hours of performance as a first
128	128	assistant in surgical procedures completed after August 31, 2015;
129	129	or
130	130	(2) subject to Subsection (c), less than 1,000 hours
131	131	of performance as a first assistant in surgical procedures
132	132	completed after August 31, 2015.
133	133	(c) A person who qualifies for the issuance of a license
134	134	based on experience described by Subsection (b)(2) may not renew
135	135	the license unless the person demonstrates to the satisfaction of
136	136	the medical board that at the time of renewal the person has
137	137	full-time work experience performed in this country under the
138	138	direct supervision of a physician licensed in this country
139	139	consisting of at least 1,000 hours of performance as a first
140	140	assistant in surgical procedures.
141	141	Sec. 206.2131. CRIMINAL HISTORY RECORD INFORMATION
142	142	REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a license
143	143	issued under this chapter shall submit a complete and legible set of
144	144	fingerprints for purposes of performing a criminal history record
145	145	information check of the applicant as provided by Section 206.2031.
146	146	(b) The medical board may administratively suspend or
147	147	refuse to renew the license of a person who does not comply with the
148	148	requirement of Subsection (a).
149	149	(c) A license holder is not required to submit fingerprints
150	150	under this section for the renewal of the license if the holder has
151	151	previously submitted fingerprints under:
152	152	(1) Section 206.2031 for the initial issuance of the
153	153	license; or
154	154	(2) this section as part of a prior renewal of a
155	155	license.
156	156	SECTION 7. Section 206.252, Occupations Code, is amended to
157	157	read as follows:
158	158	Sec. 206.252. SERVICE CONTRACTS. (a) This chapter does
159	159	not:
160	160	(1) limit the employment arrangement of a surgical
161	161	assistant licensed under this chapter;
162	162	(2) require a surgeon or hospital to contract with a
163	163	surgical assistant; or
164	164	(3) authorize a health maintenance organization,
165	165	preferred provider organization, or health benefit plan to require
166	166	a surgeon to contract with a surgical assistant[; or
167	167	[(4) require a hospital to use a licensed surgical
168	168	assistant for surgical assisting].
169	169	(b) A hospital licensed under Chapter 241, Health and Safety
170	170	Code, or an ambulatory surgical center licensed under Chapter 243,
171	171	Health and Safety Code, shall use a licensed surgical assistant for
172	172	surgical assisting.
173	173	SECTION 8. Sections 206.203(c) and 206.205, Occupations
174	174	Code, are repealed.
175	175	SECTION 9. Section 206.052(a), Occupations Code, as amended
176	176	by this Act, applies only to a member of the advisory committee
177	177	appointed on or after the effective date of this Act. A member
178	178	appointed before the effective date of this Act may continue to
179	179	serve until the expiration of the member's term. As vacancies occur
180	180	on the advisory committee on and after the effective date of this
181	181	Act, the president of the Texas Medical Board shall appoint members
182	182	having the qualifications required by the changes in law made by
183	183	this Act.
184	184	SECTION 10. Section 206.203, Occupations Code, as amended
185	185	by this Act, and Sections 206.2031, 206.2051, and 206.2131,
186	186	Occupations Code, as added by this Act, apply only to an application
187	187	for the issuance or renewal of a license submitted to the Texas
188	188	Medical Board on or after the effective date of this Act. An
189	189	application submitted before the effective date of this Act is
190	190	governed by the law in effect on the date the application was
191	191	submitted, and the former law is continued in effect for that
192	192	purpose.
193	193	SECTION 11. Notwithstanding Section 206.252, Occupations
194	194	Code, as amended by this Act, a hospital or ambulatory surgical
195	195	center is not required to use a surgical assistant licensed under
196	196	Chapter 206, Occupations Code, before January 1, 2021.
197	197	SECTION 12. Not later than September 1, 2021, the Texas
198	198	Medical Board shall obtain criminal history record information on
199	199	each person who, on the effective date of this Act, holds a license
200	200	issued under Chapter 206, Occupations Code, and did not undergo a
201	201	criminal history record information check based on the license
202	202	holder's fingerprints on the initial application for the license.
203	203	The Texas Medical Board may suspend the license of a license holder
204	204	who does not provide the criminal history record information as
205	205	required by the board and this section.
206	206	SECTION 13. Not later than December 1, 2020, the Texas
207	207	Medical Board shall adopt rules necessary to implement the changes
208	208	in law made by this Act to Chapter 206, Occupations Code.
209	209	SECTION 14. This Act takes effect July 1, 2019, if it
210	210	receives a vote of two-thirds of all the members elected to each
211	211	house, as provided by Section 39, Article III, Texas Constitution.
212	212	If this Act does not receive the vote necessary for effect on that
213	213	date, this Act takes effect September 1, 2019.