By: Maxey H.B. No. 1152
73R2277 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of medical physics.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 3(9) and (10), Texas Medical Physics
1-5 Practice Act (Article 4512n, Vernon's Texas Civil Statutes), are
1-6 amended to read as follows:
1-7 (9) "Medical physics" means that branch of physics
1-8 that is associated with the practice of medicine. <It includes,
1-9 but is not limited to, the field of radiological physics.>
1-10 (10) "Practice of medical <radiological> physics"
1-11 means the use of principles and accepted protocols of physics to
1-12 assure the correct quality, quantity, and placement of radiation
1-13 during the performance of a radiological procedure prescribed by a
1-14 practitioner that will protect the patient and others from harmful
1-15 excessive radiation. The term includes radiation beam calibration
1-16 and characterization, quality assurance, instrument specification,
1-17 acceptance testing, shielding design, protection analysis on
1-18 radiation-emitting equipment and radiopharmaceuticals, and
1-19 consultation with a physician to assure accurate radiation dosage
1-20 to a specific patient.
1-21 SECTION 2. Section 14(b), Texas Medical Physics Practice Act
1-22 (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
1-23 as follows:
1-24 (b) An application must be on a form prescribed by the board
2-1 and include the following:
2-2 (1) evidence of relevant work experience, including a
2-3 description of the responsibilities and duties performed;
2-4 (2) an official transcript from the college or
2-5 university granting the applicant's degree or certificate of
2-6 completion of training course;
2-7 (3) a statement of the medical physics specialty for
2-8 which the application is submitted;
2-9 (4) <three> professional references as required by
2-10 board rule;
2-11 (5) a fee as prescribed by the board; and
2-12 (6) any additional information required by board rule.
2-13 SECTION 3. Section 15(b), Texas Medical Physics Practice Act
2-14 (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
2-15 as follows:
2-16 (b) Work experience in more than one specialty shall include
2-17 six additional months for each additional specialty. The
2-18 additional months of experience must have been completed in the
2-19 five years preceding the date of application.
2-20 SECTION 4. Section 19, Texas Medical Physics Practice Act
2-21 (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
2-22 as follows:
2-23 Sec. 19. LICENSES WITHOUT EXAMINATION. (a) The board may
2-24 issue a license to practice medical physics in this state, without
2-25 an examination, to a person who, before September 1, 1994, is a
2-26 resident of this state and:
2-27 (1) has an earned bachelor's, master's, or doctoral
3-1 degree from an accredited college or university that signifies the
3-2 completion of courses approved by the board in physics, medical
3-3 physics, biophysics, radiological physics, medical health physics,
3-4 or nuclear engineering and demonstrated to the board's satisfaction
3-5 the completion of at least two years of full-time work experience
3-6 in the five years preceding January 1, 1993, <the effective date of
3-7 this Act> in the medical physics specialty for which application is
3-8 made; or
3-9 (2) has completed a training course approved by the
3-10 board in physics, medical physics, biophysics, radiological
3-11 physics, or medical health physics and demonstrated to the board's
3-12 satisfaction the completion of at least 10 years of full-time work
3-13 experience in the 12 years preceding January 1, 1993, <the
3-14 effective date of this Act> in the medical physics specialty for
3-15 which application is made.
3-16 (b) Work experience in more than one specialty shall include
3-17 six additional months for each additional specialty. The
3-18 additional months of experience must have been completed during the
3-19 time provided by Subsection (a)(1) or (a)(2) of this section,
3-20 whichever is appropriate.
3-21 SECTION 5. The Texas Medical Physics Practice Act (Article
3-22 4512n, Vernon's Texas Civil Statutes) is amended by adding Section
3-23 20A to read as follows:
3-24 Sec. 20A. DELEGATION OF TEST DATA COLLECTION AUTHORITY. (a)
3-25 A medical physicist may be assisted by a properly trained person in
3-26 obtaining test data related to the practice of medical physics. A
3-27 person permitted to assist a medical physicist under this section
4-1 must be authorized by the medical physicist to perform the tasks
4-2 that relate to the practice of medical physics.
4-3 (b) A medical physicist who delegates authority to a person
4-4 under this section shall accept full responsibility for the
4-5 information derived from the test data.
4-6 (c) The board by rule shall determine whether a medical
4-7 physics task may be properly or safely delegated to another person
4-8 by a medical physicist under this section.
4-9 SECTION 6. Section 26, Texas Medical Physics Practice Act
4-10 (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
4-11 as follows:
4-12 Sec. 26. TEMPORARY LICENSE. After completion of the
4-13 educational requirement, the board may issue a temporary license to
4-14 an applicant pending completion of the experience and examination
4-15 requirements as set out in Section 15. The board by rule may limit
4-16 the number of times a temporary license may be renewed.
4-17 SECTION 7. A person may not be prosecuted for an offense
4-18 committed under Section 23, Texas Medical Physics Practice Act
4-19 (Article 4512n, Vernon's Texas Civil Statutes), before September 1,
4-20 1994. A criminal action to prosecute a person for that offense
4-21 that is pending on the effective date of this Act is dismissed on
4-22 that effective date. However, a final conviction for an offense
4-23 under Section 23, Texas Medical Physics Practice Act (Article
4-24 4512n, Vernon's Texas Civil Statutes), that exists on the effective
4-25 date of this Act is unaffected by this Act.
4-26 SECTION 8. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended,
5-4 and that this Act take effect and be in force from and after its
5-5 passage, and it is so enacted.