By: McCall H.B. No. 1184
73R3226 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of medical radiologic technology.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2.04(a), Medical Radiologic Technologist
1-5 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
1-6 is amended to read as follows:
1-7 (a) The Medical Radiologic Technologist Advisory Board is
1-8 created as an advisory board to the Texas Board of Health. The
1-9 Texas Board of Health shall appoint 12 members who must have the
1-10 following qualifications:
1-11 (1) two must be consumers;
1-12 (2) three must be medical radiologic technologists who
1-13 meet the qualifications for certification under this Act;
1-14 (3) one must be a practicing nuclear medicine
1-15 technologist;
1-16 (4) one must be a practicing radiation therapy
1-17 technologist;
1-18 (5) one must be a licensed physician who is a general
1-19 practitioner or a family practitioner;
1-20 (6) one must be a licensed physician who is a
1-21 radiologist;
1-22 (7) one must be a chiropractor;
1-23 (8) one must be a medical radiologic technologist
1-24 practicing mammography <radiation physicist engaged in the
2-1 instruction of radiologic technologists>; and
2-2 (9) one must be a hospital administrator.
2-3 SECTION 2. Section 2.05(a), Medical Radiologic Technologist
2-4 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
2-5 is amended to read as follows:
2-6 (a) The Texas Board of Health shall adopt rules
2-7 <establishing>:
2-8 (1) establishing minimum standards for issuing,
2-9 renewing, suspending, and revoking certificates issued under this
2-10 Act;
2-11 (2) establishing minimum standards for the approval of
2-12 curricula and programs to train individuals to perform radiologic
2-13 procedures and for rescinding the approval; <and>
2-14 (3) establishing minimum standards for the approval of
2-15 instructors to teach approved curricula or programs to train
2-16 individuals to perform radiologic procedures and for rescinding the
2-17 approval;
2-18 (4) identifying radiologic procedures that are
2-19 dangerous or hazardous and may only be performed by a practitioner
2-20 or a medical radiologic technologist certified under this Act; and
2-21 (5) establishing safety standards and procedures for
2-22 the operation of equipment used to perform radiologic procedures.
2-23 SECTION 3. Sections 2.07(c)-(f), Medical Radiologic
2-24 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
2-25 Statutes), are amended to read as follows:
2-26 (c) A person is not required to hold a certificate issued
2-27 under this Act to perform radiologic procedures if the person
3-1 performs the procedures under the <instruction or> direction of a
3-2 practitioner if the person has successfully completed 120 hours of
3-3 approved training and the person and the practitioner are in
3-4 compliance with rules adopted under Section 2.08 of this Act.
3-5 (d) <A person who performs a radiologic procedure in a
3-6 hospital that participates in the federal Medicare program or that
3-7 is accredited by the Joint Commission on Accreditation of Hospitals
3-8 and who has received appropriate instruction and training in the
3-9 use and operation of diagnostic radiologic equipment consistent
3-10 with either the federal Medicare standards for certification of
3-11 hospitals or the accreditation standards of the Joint Commission on
3-12 Accreditation of Hospitals may perform radiologic procedures
3-13 without a certificate issued under this Act. A hospital that
3-14 instructs and trains a person in the performance of radiologic
3-15 procedures shall develop a protocol for the instruction and
3-16 training.>
3-17 <(e)> A person is not required to hold a certificate issued
3-18 under this Act or to comply with the registration requirements
3-19 adopted under Section 2.08 of this Act if the person is a student
3-20 enrolled in a program which meets the minimum standards adopted
3-21 under Section 2.05 of this Act and if the person is performing
3-22 radiologic procedures in an academic or clinical setting as part of
3-23 the program.
3-24 (e) <(f)> A person is not required to hold a certificate
3-25 issued under this Act or to comply with the registration
3-26 requirements adopted under Section 2.08 of this Act if the person
3-27 is licensed or otherwise registered as a medical radiologic
4-1 technologist in another state, the District of Columbia, a
4-2 territory of the United States, the American Registry of Radiologic
4-3 Technologists, the American Registry of Clinical Radiography
4-4 Technologists, or a professional organization or association
4-5 recognized by the Texas Board of Health; if the person is enrolled
4-6 in continuing education which meets the requirements adopted under
4-7 Section 2.05; and if the person is performing radiologic procedures
4-8 as part of the continuing education for a period of not more than
4-9 10 days.
4-10 SECTION 4. Sections 2.08(c) and (e), Medical Radiologic
4-11 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
4-12 Statutes), are amended to read as follows:
4-13 (c) Rules adopted under this section must:
4-14 (1) require a person, other than a registered nurse,
4-15 who is not certified under this Act to register with the agency
4-16 that licenses the practitioner under whom the person performs
4-17 radiologic procedures;
4-18 (2) establish reasonable and necessary fees to cover
4-19 the administrative costs incurred by the agency in administering a
4-20 registration program created under this subsection; and
4-21 (3) establish grounds for the suspension, revocation,
4-22 or nonrenewal of a registration issued under this subsection<;>
4-23 <(4) identify radiologic procedures that are more
4-24 dangerous or hazardous and may only be performed by a practitioner
4-25 or by a medical radiologic technologist certified under this Act;>
4-26 <(5) establish safety standards and procedures for the
4-27 operation of equipment used to perform radiologic procedures; and>
5-1 <(6) establish standards for the training and
5-2 supervision of the operators of the equipment>.
5-3 (e) The Board of Nurse Examiners may adopt rules governing
5-4 registered nurses performing radiologic procedures under Subsection
5-5 <Subsections> (b) <and (d)> of Section 2.07 of this Act and shall
5-6 require registered nurses performing radiologic procedures under
5-7 Subsection (b) of Section 2.07 to register with the Board of Nurse
5-8 Examiners and to identify the practitioner ordering those
5-9 procedures. The board shall notify the agency licensing the
5-10 practitioner that the nurse has registered with the board.
5-11 SECTION 5. The change in law made by this Act to the
5-12 qualifications for membership on the Medical Radiologic
5-13 Technologist Advisory Board does not affect the ability of a member
5-14 serving on the advisory board immediately before the effective date
5-15 of this Act to continue to serve on the advisory board. As the
5-16 terms of members of the advisory board expire or as vacancies on
5-17 the advisory board are created, the Texas Board of Health shall
5-18 appoint members to the advisory board to achieve the membership
5-19 plan prescribed for the advisory board by Section 2.04(a), Medical
5-20 Radiologic Technologist Certification Act (Article 4512m, Vernon's
5-21 Texas Civil Statutes), as amended by this Act.
5-22 SECTION 6. This Act takes effect September 1, 1993.
5-23 SECTION 7. The importance of this legislation and the
5-24 crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
5-26 constitutional rule requiring bills to be read on three several
5-27 days in each house be suspended, and this rule is hereby suspended.