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.