By: Turner, S. H.B. No. 1822
73R5082 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain clinical laboratory science
1-3 practitioners; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Accredited clinical laboratory science program"
1-7 means an educational program planned to provide a predetermined
1-8 amount of instruction and experience in clinical laboratory science
1-9 for clinical laboratory science practitioners that has been
1-10 accredited by one of the accrediting agencies recognized by the
1-11 United States Department of Education.
1-12 (2) "Advisory committee" means the clinical laboratory
1-13 personnel advisory committee.
1-14 (3) "Board" means the Texas Board of Health.
1-15 (4) "Categorical clinical laboratory scientist
1-16 technologist" means an individual eligible for certification under
1-17 this Act who is qualified to perform a clinical test related to the
1-18 individual's scientific specialty that requires the exercise of
1-19 independent judgment and responsibility with minimal supervision,
1-20 who maintains equipment, keeps records, and performs other quality
1-21 assurance activities related to the performance of a clinical test,
1-22 and who may also function as a supervisor, educator, or researcher
1-23 in an area of specialization in a clinical laboratory setting. The
1-24 term does not include a physician.
2-1 (5) "Clinical laboratory" means a facility that
2-2 performs clinical tests.
2-3 (6) "Clinical laboratory science practitioner" means a
2-4 clinical laboratory scientist technologist, a categorical clinical
2-5 laboratory scientist technologist, a degreed clinical laboratory
2-6 technician, a nondegreed clinical laboratory technician, a
2-7 cytotechnologist, histotechnologist, histologic technician, or any
2-8 other individual who engages in management, supervision, education,
2-9 consultation, or research or performs technical procedures in a
2-10 clinical laboratory. The term does not include a physician, a
2-11 trainee, or a person who performs only clerical duties or other
2-12 duties that are not directly related to the performance of a
2-13 clinical test.
2-14 (7) "Clinical laboratory scientist technologist" means
2-15 an individual eligible for certification under this Act who is
2-16 qualified to perform any clinical test that requires the exercise
2-17 of independent judgment and responsibility with minimal
2-18 supervision, who maintains equipment, keeps records, and performs
2-19 other quality assurance activities related to the performance of a
2-20 clinical test, and who may also function as a supervisor, educator,
2-21 or researcher in a clinical laboratory setting. The term includes
2-22 a medical technologist but does not include a physician.
2-23 (8) "Clinical laboratory technician" means an
2-24 individual eligible for certification under this Act who is
2-25 qualified to perform a clinical laboratory procedure, under
2-26 established and approved protocols, that requires the exercise of
2-27 limited judgment and responsibility, and who may perform under the
3-1 appropriate supervision of a clinical laboratory scientist
3-2 technologist or a physician. The term includes a medical
3-3 laboratory technician but does not include a physician.
3-4 (9) "Clinical test," "clinical laboratory test," or
3-5 "laboratory test" mean a biological, microbiological, serological,
3-6 chemical, immunohematological, hematological, radiobioassay,
3-7 biophysical, immunological, cytological, histological,
3-8 pathological, or other procedure that is performed on a specimen
3-9 derived from the human body that provides information for the
3-10 diagnosis, prevention, or treatment of a disease or impairment or
3-11 the assessment of a medical condition for a human being.
3-12 (10) "Cytotechnologist" means an individual eligible
3-13 for certification under this Act who is qualified to perform a
3-14 clinical laboratory test for the detection of malignant cells that
3-15 requires the exercise of independent judgment and responsibility
3-16 with minimal supervision, who maintains equipment, keeps records,
3-17 and performs other quality assurance activities related to the
3-18 performance of a clinical test, and who may also function as a
3-19 supervisor, educator, or researcher in a clinical laboratory
3-20 setting. The term does not include a physician.
3-21 (11) "Department" means the Texas Department of
3-22 Health.
3-23 (12) "Histologic technician" means an individual
3-24 eligible for certification under this Act who is qualified to
3-25 perform a clinical or analytical procedure in the preparation of
3-26 human tissue for microscopic diagnosis, under established and
3-27 approved protocols, that requires the exercise of limited judgment
4-1 and responsibility and who may perform under the appropriate
4-2 supervision of a clinical laboratory scientist, histotechnologist,
4-3 or physician. The term does not include a physician.
4-4 (13) "Histotechnologist" means an individual eligible
4-5 for certification under this Act who is qualified to perform a
4-6 clinical or analytical procedure in the preparation of human tissue
4-7 for microscopic diagnosis that requires the exercise of independent
4-8 judgment and responsibility with minimal supervision, who maintains
4-9 equipment, keeps records, and performs other quality assurance
4-10 activities related to the performance of a clinical test, and who
4-11 may also function as a supervisor, educator, or researcher in a
4-12 clinical laboratory setting. The term does not include a
4-13 physician.
4-14 (14) "Nondegreed clinical laboratory technician" means
4-15 an individual eligible for certification under this Act who holds a
4-16 high school diploma or its equivalent, who is qualified to perform
4-17 a clinical test that requires the exercise of limited independent
4-18 judgment, and who performs under the appropriate supervision of a
4-19 clinical laboratory scientist technologist, categorical clinical
4-20 laboratory scientist technologist, degreed clinical laboratory
4-21 technician, or physician.
4-22 (15) "Point of care test" means a clinical test that
4-23 is designated by the medical staff of a health care facility as
4-24 being so critical to the patient's care that it must be performed
4-25 immediately on or near the patient, that provides clinically
4-26 relevant information that directs therapy, that is limited to
4-27 procedures that produce accurate and precise data in a short time,
5-1 that meets the current standards of quality in laboratory medicine,
5-2 and that complies with all standards of accrediting agencies. The
5-3 term does not include a clinical test performed in a physician's
5-4 office laboratory.
5-5 (16) "Specimen" means any material obtained from the
5-6 human body to perform a clinical test.
5-7 (17) "Trainee" means an individual with an appropriate
5-8 educational background who is employed by a clinical laboratory or
5-9 enrolled in an accredited clinical laboratory science program and
5-10 who is fulfilling the training and experience qualifications
5-11 required for certification under this Act. The term does not
5-12 include a physician.
5-13 SECTION 2. CERTIFICATE REQUIRED; EXEMPTIONS. (a) Except as
5-14 provided by Subsection (b) of this section, an individual may not
5-15 perform a clinical test unless the individual holds an appropriate
5-16 certificate issued under this Act.
5-17 (b) This Act does not apply to:
5-18 (1) an individual, including a physician, licensed,
5-19 certified, or registered by this state under any other Act
5-20 regulating a health care occupation while engaging in the practice
5-21 for which the person is licensed, certified, or registered;
5-22 (2) an individual employed by an agency of the federal
5-23 government while performing official duties;
5-24 (3) an individual who performs clinical laboratory
5-25 tests only as an incident to teaching or research, if results of
5-26 any test performed are not used in the health maintenance,
5-27 diagnosis, or treatment of humans;
6-1 (4) a trainee or student enrolled in a recognized
6-2 course of instruction, if the activities constitute a part of a
6-3 planned course or program conducted under the supervision of a
6-4 certified clinical laboratory science practitioner;
6-5 (5) an individual who gratuitously performs
6-6 exclusively simple clinical tests, or testing for the individual's
6-7 own information, including those tests that have been approved by
6-8 the United States Food and Drug Administration for home use; or
6-9 (6) an individual who exclusively performs tests that
6-10 have been classified as waived tests by the United States
6-11 government.
6-12 (c) The board by rule may grant a certificate of exemption
6-13 from the certification requirements for a health care practitioner
6-14 whose scope of practice does not include laboratory testing, who is
6-15 not a physician, and who performs clinical laboratory tests in a
6-16 point of care testing area, if:
6-17 (1) the individual presents evidence satisfactory to
6-18 the department of the individual's continuing competence to perform
6-19 the point of care tests conducted by the individual's place of
6-20 employment; and
6-21 (2) a clinical laboratory consultant having, at a
6-22 minimum, the qualifications of a clinical laboratory scientist
6-23 technologist is employed by the individual's place of employment to
6-24 review quality assurance and quality control activities, to assist
6-25 in appropriate technology selection, to review proficiency testing,
6-26 and to recommend corrective action, if necessary, and to follow up
6-27 on those recommendations as appropriate.
7-1 (d) To maintain an exemption under Subsection (c) of this
7-2 section, an individual must provide the department, in a manner
7-3 determined by the board, with documentation of continuing education
7-4 programs the individual completed and information regarding the
7-5 individual's continued competency.
7-6 SECTION 3. CERTIFICATE APPLICATION. (a) An applicant for a
7-7 certificate under this Act must file a notarized application with
7-8 the department on a form prescribed by the department, accompanied
7-9 by the application fee set by the department. The applicant must
7-10 specify on the form the type of practice for which the applicant
7-11 seeks certification.
7-12 (b) An application must show to the satisfaction of the
7-13 department that the applicant meets the requirements established by
7-14 this Act for a certificate to practice an occupation regulated
7-15 under this Act.
7-16 (c) Each applicant for a certificate under this Act must
7-17 pass an examination offered by a national certifying or registering
7-18 entity unless the applicant holds a national certificate.
7-19 SECTION 4. STANDARDS FOR CERTIFICATION. (a) An applicant
7-20 for a clinical laboratory scientist technologist certificate must
7-21 present evidence satisfactory to the department of completion of an
7-22 accredited clinical laboratory science program and be certified by
7-23 the state or a national certifying or registering entity in the
7-24 clinical laboratory sciences. The applicant must hold a
7-25 baccalaureate degree from an accredited institution of higher
7-26 education in medical technology, clinical laboratory science, or in
7-27 the chemical, physical, or biological sciences or a baccalaureate
8-1 degree with the appropriate prerequisites for a medical technology
8-2 program. The educational program must include appropriate clinical
8-3 education and must be accredited in clinical laboratory science or
8-4 medical technology by an entity recognized by the department.
8-5 (b) An applicant for a categorical clinical laboratory
8-6 scientist technologist certificate must be certified by the state
8-7 or a national certifying or registering entity in a specified
8-8 discipline of clinical laboratory practice or a related health care
8-9 field by an entity recognized by the department. The applicant
8-10 must hold a baccalaureate degree in the chemical, physical, or
8-11 biological sciences from an accredited institution of higher
8-12 education or a baccalaureate degree with the prerequisites for a
8-13 specialized program and must have appropriate clinical experience
8-14 in a specified discipline of clinical laboratory practice. The
8-15 department may issue a categorical clinical laboratory scientist
8-16 technologist certificate in a specified discipline of practice
8-17 designated by the department, including:
8-18 (1) chemistry;
8-19 (2) hematology;
8-20 (3) microbiology;
8-21 (4) immunology;
8-22 (5) immunohematology; or
8-23 (6) cytogenetics.
8-24 (c) An applicant for a degreed clinical laboratory
8-25 technician certificate must meet the implementation date
8-26 requirements under federal regulations governing clinical
8-27 laboratories, must be certified in clinical laboratory sciences by
9-1 the state or a national certifying or registering agency, and must
9-2 present evidence satisfactory to the department of:
9-3 (1) successful completion of an associate degree in
9-4 medical laboratory technology or in the chemical or biological
9-5 sciences conferred by an accredited institution of higher education
9-6 recognized by the United States Department of Education and
9-7 successful completion of an accredited clinical laboratory science
9-8 program in medical laboratory technology or the equivalent; or
9-9 (2) an associate degree in laboratory science or in
9-10 the chemical or biological sciences conferred by an accredited
9-11 institution of higher education and successful completion of an
9-12 official military medical laboratory procedures course of not less
9-13 than 50 weeks and attainment of the military enlisted occupation
9-14 specialty of ML specialist.
9-15 (d) An applicant for a nondegreed clinical laboratory
9-16 technician certificate must, in addition to meeting other
9-17 requirements adopted by the board, present evidence satisfactory to
9-18 the department of having a high school diploma or its equivalent
9-19 and one of the following qualifications:
9-20 (1) successful completion of a laboratory technician
9-21 training program in an accredited school, including a clinical
9-22 laboratory assistant or medical laboratory technician program; or
9-23 (2) successful completion of an official military
9-24 medical laboratory procedures course of not less than 50 weeks and
9-25 attainment of the military enlisted occupation specialty of ML
9-26 specialist.
9-27 (e) An applicant for a cytotechnologist certificate must
10-1 present evidence satisfactory to the department of successful
10-2 completion of an accredited cytotechnology program, be certified by
10-3 the state or by a national certifying or registering entity in
10-4 cytotechnology, have a baccalaureate degree from an accredited
10-5 institution of higher education with 20 semester hours or the
10-6 equivalent in biological science, eight semester hours or the
10-7 equivalent in chemistry, and three semester hours or the equivalent
10-8 in mathematics, and have successfully completed a 12-month
10-9 accredited cytotechnology program.
10-10 (f) An applicant for a histotechnologist certificate must
10-11 present evidence satisfactory to the department of having a
10-12 baccalaureate degree from an accredited institution of higher
10-13 education with a combination of 30 semester hours or the equivalent
10-14 in biology and chemistry and one of the following qualifications:
10-15 (1) successful completion of an accredited
10-16 histotechnology program and certification by the state or a
10-17 national certifying or registering entity in histotechnology; or
10-18 (2) one year of full-time acceptable experience in a
10-19 histopathology laboratory within the 10 years before the date of
10-20 the application and certification by the state or a national
10-21 certifying or registering entity in histotechnology.
10-22 (g) An applicant for a histologic technician certificate
10-23 must be certified as a histologic technician by the state or a
10-24 national certifying or registering entity and present evidence
10-25 satisfactory to the department of having two years of full-time
10-26 acceptable experience in histopathology under the supervision of a
10-27 histotechnologist or a licensed physician certified in anatomic
11-1 pathology by the American Board of Pathology or the American
11-2 Osteopathic Board of Pathology that is completed before September
11-3 1, 1999, and one of the following qualifications:
11-4 (1) successful completion of an accredited
11-5 histotechnology program or an associate degree consisting of not
11-6 fewer than 60 semester hours or the equivalent from an accredited
11-7 institution of higher education with a combination of 12 semester
11-8 hours or the equivalent in biology and chemistry; or
11-9 (2) a high school diploma or its equivalent.
11-10 (h) After September 1, 1999, an applicant for a histologic
11-11 technician certificate must have an associate degree from an
11-12 accredited institution of higher education for successful
11-13 completion of an accredited histotechnology program or acceptable
11-14 experience in histopathology as provided by Subsection (g) of this
11-15 section.
11-16 SECTION 5. CERTIFICATE ISSUANCE. (a) The department shall
11-17 issue an appropriate certificate to a person who possesses the
11-18 necessary qualifications, submits an application in the form
11-19 prescribed by the department, passes the appropriate examination,
11-20 and pays the required fees.
11-21 (b) A certificate issued under this Act is valid throughout
11-22 this state but is not assignable or transferable.
11-23 SECTION 6. CERTIFICATE OF RECIPROCITY. (a) An applicant is
11-24 entitled to the appropriate certificate without compliance with any
11-25 examination requirements on submission to the department of an
11-26 application in the form prescribed by the department and payment of
11-27 the required fees if:
12-1 (1) the individual is licensed, certified, or
12-2 registered as a clinical laboratory science practitioner by another
12-3 state, the District of Columbia, or a commonwealth or territory of
12-4 the United States; and
12-5 (2) the requirements for licensing, certification, or
12-6 registration in the other jurisdiction as of the date of the
12-7 licensing, certification, or registration were substantially equal
12-8 to those prescribed by this Act.
12-9 (b) The board may adopt rules as it considers appropriate
12-10 for the certification of individuals who hold valid licenses or
12-11 their equivalent in other countries.
12-12 (c) The board shall adopt rules for the certification of
12-13 individuals who are registered or certified by a national
12-14 certifying or registering entity recognized by the department
12-15 before 1988 and who, due to the educational requirements of the
12-16 entity, do not possess the educational requirements prescribed by
12-17 this Act.
12-18 SECTION 7. TEMPORARY CERTIFICATE. The department may issue
12-19 a temporary certificate to an individual who has not passed an
12-20 examination offered by the state or by a national certifying or
12-21 registering agency required under this Act but who applies on a
12-22 form prescribed by the department, pays the appropriate fees, and
12-23 meets the educational requirements for a certificate. The
12-24 department shall issue a temporary certificate in the category in
12-25 which the applicant is qualified. A temporary certificate is valid
12-26 for one year beginning on the date of issuance and may be renewed
12-27 once at the discretion of the department.
13-1 SECTION 8. CERTIFICATE RENEWAL. (a) Except as provided by
13-2 Section 7 of this Act, the board by rule shall determine the
13-3 expiration dates of certificates issued under this Act. A
13-4 certificate holder who meets the appropriate continuing education
13-5 requirements established under this Act may renew an unexpired
13-6 certificate by paying a renewal fee set by the department in
13-7 accordance with Section 9 of this Act and by complying with the
13-8 rules of the board.
13-9 (b) The department shall notify each certificate holder by
13-10 sending written notice to the certificate holder's last known
13-11 address of the pending certificate expiration not later than the
13-12 30th day before the date on which the certificate expires.
13-13 SECTION 9. FEES. (a) The department shall set fees for
13-14 certificates, certificate renewals, examinations, and all other
13-15 expenses related to the licensing activities under this Act.
13-16 (b) The department shall set the fees in amounts that are
13-17 reasonable and necessary to cover the costs of administering this
13-18 Act.
13-19 (c) Fees received under this Act shall be deposited in the
13-20 state treasury to the credit of a special account of the general
13-21 revenue fund and may be appropriated to the department only for the
13-22 administration of this Act.
13-23 SECTION 10. DENIAL, SUSPENSION, OR REVOCATION OF
13-24 CERTIFICATE. (a) After an opportunity for a hearing and due
13-25 process, the department may deny, suspend, or revoke a
13-26 certificate, place a certificate holder on probation, or otherwise
13-27 discipline a certificate holder, if the applicant for a certificate
14-1 or the certificate holder has:
14-2 (1) obtained or attempted to obtain a certificate by
14-3 fraud or deception;
14-4 (2) performed, or represented the applicant as
14-5 entitled to perform, a procedure not authorized by the individual's
14-6 certificate;
14-7 (3) falsified or misrepresented clinical test results;
14-8 (4) violated this Act or a rule adopted under this
14-9 Act;
14-10 (5) violated any other state or federal statutory
14-11 provision relating to the operation of a clinical laboratory;
14-12 (6) used drugs or intoxicating liquors to an extent
14-13 that affects professional competence;
14-14 (7) been grossly negligent in performing professional
14-15 duties;
14-16 (8) been adjudicated mentally incompetent by a court
14-17 of competent jurisdiction;
14-18 (9) practiced in a manner detrimental to the public
14-19 health or welfare;
14-20 (10) had an equivalent certificate suspended or
14-21 revoked, was denied a certificate, or was otherwise subject to
14-22 disciplinary action by the proper regulatory authority of another
14-23 jurisdiction; or
14-24 (11) has failed to meet or maintain the minimum
14-25 eligibility standards for certification under this Act.
14-26 (b) The denial, suspension, or revocation of a certificate
14-27 issued under this Act is subject to the Administrative Procedure
15-1 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
15-2 Statutes) and its subsequent amendments.
15-3 SECTION 11. ADVISORY COMMITTEE. (a) The clinical
15-4 laboratory personnel advisory committee is composed of nine
15-5 members, appointed by the board, as follows:
15-6 (1) three public members;
15-7 (2) one physician certified as a pathologist by a
15-8 nationally recognized board of pathologists or osteopathic
15-9 pathologists;
15-10 (3) three individuals who are eligible for
15-11 certification under this Act as clinical laboratory scientist
15-12 technologists, categorical clinical laboratory scientist
15-13 technologists, cytotechnologists, or histotechnologists and who are
15-14 not employed in an accredited clinical laboratory science
15-15 educational program;
15-16 (4) one individual who is eligible for certification
15-17 under this Act as a clinical laboratory scientist technologist, a
15-18 categorical clinical laboratory scientist technologist,
15-19 cytotechnologist, or histotechnologist and who is employed in an
15-20 accredited clinical laboratory science educational program; and
15-21 (5) one individual eligible for certification under
15-22 this Act as a degreed clinical laboratory technician or histologic
15-23 technician.
15-24 (b) The board shall make appointments to the advisory
15-25 committee from lists submitted by appropriate professional
15-26 organizations or individuals.
15-27 (c) Appointments to the advisory committee shall be made
16-1 without regard to the race, color, disability, sex, religion, age,
16-2 or national origin of the appointee.
16-3 (d) Members of the advisory committee serve for staggered
16-4 six-year terms, with three members' terms expiring February 1 of
16-5 each odd-numbered year. In the event of a vacancy during a term,
16-6 the board shall appoint a replacement who meets the qualifications
16-7 of the vacated office to fill the unexpired portion of the term.
16-8 (e) A member of the advisory committee may not receive
16-9 compensation for serving as a member of the committee. A member is
16-10 entitled to receive the state per diem and travel allowance as
16-11 authorized by the General Appropriations Act for performing
16-12 functions as a member of the advisory committee.
16-13 (f) The advisory committee shall elect a chairman from among
16-14 its members. The advisory committee shall meet as often as
16-15 necessary to transact its business.
16-16 (g) The advisory committee may adopt rules for the conduct
16-17 of its activities.
16-18 (h) A member of the advisory committee is not liable to
16-19 civil action for any act performed in good faith in the execution
16-20 of duties as a committee member.
16-21 SECTION 12. RESTRICTIONS ON ADVISORY COMMITTEE APPOINTMENT
16-22 AND MEMBERSHIP. (a) A member of the advisory committee may not
16-23 be, nor be related within the second degree by affinity or
16-24 consanguinity to, a person who is an officer, employee, or paid
16-25 consultant of a trade association in the field of health care.
16-26 (b) A person who is required to register as a lobbyist under
16-27 Chapter 305, Government Code, may not serve as a member of the
17-1 advisory committee.
17-2 (c) A person is not eligible for appointment as a public
17-3 member of the advisory committee if the person or the person's
17-4 spouse:
17-5 (1) is registered, certified, or licensed by an
17-6 occupational regulatory agency in the field of health care;
17-7 (2) is employed by or participates in the management
17-8 of a business entity or other organization that provides health
17-9 care services or that sells, manufactures, or distributes health
17-10 care supplies or equipment; or
17-11 (3) owns or controls, directly or indirectly, more
17-12 than a 10 percent interest in a business entity or other
17-13 organization that provides health care services or that sells,
17-14 manufactures, or distributes health care supplies or equipment.
17-15 (d) Individuals who practice at the same clinical laboratory
17-16 or who are employed by the same laboratory holding company may not
17-17 serve on the advisory committee concurrently.
17-18 SECTION 13. REMOVAL OF ADVISORY COMMITTEE MEMBERS. It is a
17-19 ground for removal from the advisory committee if a member:
17-20 (1) does not have at the time of appointment the
17-21 qualifications required for appointment to the advisory committee;
17-22 (2) does not maintain during service on the advisory
17-23 committee the qualifications required for appointment to the
17-24 advisory committee;
17-25 (3) is absent from more than half of the meetings that
17-26 the member is eligible to attend during a calendar year unless the
17-27 absence is excused by a majority vote of the advisory committee;
18-1 or
18-2 (4) violates a prohibition established by this Act.
18-3 SECTION 14. ADVISORY COMMITTEE POWERS AND DUTIES. (a) The
18-4 advisory committee shall recommend rules for the consideration of
18-5 the board to implement standards required to be adopted under this
18-6 Act.
18-7 (b) The advisory committee shall recommend for the board's
18-8 approval additional national examinations as necessary under this
18-9 Act.
18-10 SECTION 15. POWERS AND DUTIES OF BOARD AND DEPARTMENT. (a)
18-11 After considering appropriate recommendations from the advisory
18-12 committee, the board by rule shall:
18-13 (1) establish the qualifications and fitness of
18-14 applicants for certification under this Act;
18-15 (2) establish the amount and type of continuing
18-16 education required for the renewal of certification under this Act;
18-17 (3) establish requirements for trainee status under
18-18 this Act;
18-19 (4) establish requirements relating to inactive
18-20 practitioners; and
18-21 (5) accept entities that offer national certification
18-22 or registration of individuals who perform clinical laboratory
18-23 testing.
18-24 (b) After considering appropriate recommendations of the
18-25 advisory committee, the board may adopt other rules to administer
18-26 this Act.
18-27 (c) The department:
19-1 (1) may require other evidence of competency it
19-2 considers reasonably appropriate as a prerequisite to the initial
19-3 granting or renewal of any certificate provided for by this Act, if
19-4 the requirement is uniform as to application, related to the
19-5 measurement of qualification, performance, or competence, and
19-6 desirable and necessary for the protection of the public health;
19-7 and
19-8 (2) shall maintain a list of clinical laboratory
19-9 science practitioners who hold certificates under this Act and a
19-10 list of all individuals whose certificates have been suspended,
19-11 revoked, or denied.
19-12 SECTION 16. CRIMINAL PENALTY. (a) A person commits an
19-13 offense if the person knowingly performs a clinical test without
19-14 the appropriate certificate under this Act.
19-15 (b) An offense under this section is a Class B misdemeanor.
19-16 SECTION 17. INITIAL APPOINTMENTS. In making the initial
19-17 appointments to the advisory committee, the board shall designate:
19-18 (1) three members for terms expiring in 1995,
19-19 including one public member, one member eligible for certification
19-20 as a degreed clinical laboratory technician or histologic
19-21 technician, and one pathologist;
19-22 (2) three members for terms expiring in 1997,
19-23 including one public member and two members eligible for
19-24 certification under this Act as a clinical laboratory scientist
19-25 technologist, categorical clinical laboratory scientist
19-26 technologist, cytotechnologist, or histotechnologist, who are not
19-27 employed in an accredited clinical laboratory science educational
20-1 program; and
20-2 (3) three members for terms expiring in 1999,
20-3 including one public member, one member eligible for certification
20-4 under this Act as a clinical laboratory scientist technologist,
20-5 categorical clinical laboratory scientist technologist,
20-6 cytotechnologist, or histotechnologist, who is not employed in an
20-7 accredited clinical laboratory science educational program, and
20-8 one member eligible for certification under this Act as a clinical
20-9 laboratory scientist technologist, categorical clinical laboratory
20-10 scientist technologist, cytotechnologist, or histotechnologist, who
20-11 is employed in an accredited clinical laboratory science
20-12 educational program.
20-13 SECTION 18. EFFECTIVE DATE. Except as provided by Section
20-14 19 of this Act, this Act takes effect September 1, 1993.
20-15 SECTION 19. EFFECTIVE DATE FOR CERTAIN REQUIREMENTS. (a)
20-16 An individual is not required to obtain a certificate under this
20-17 Act until September 1, 1994.
20-18 (b) An individual certified under this Act may not be
20-19 required to participate in continuing education to renew a
20-20 certification until September 1, 1995.
20-21 (c) An individual who, on September 1, 1993, is certified as
20-22 a clinical laboratory science practitioner by a national certifying
20-23 or registering entity is entitled to the appropriate certificate
20-24 without further examination if the individual is qualified for a
20-25 certificate as stated in this Act, applies for the certificate not
20-26 later than September 1, 1994, and pays the required application and
20-27 certification fees.
21-1 (d) The department shall grant an appropriate certificate,
21-2 at a level of state certification determined by the department,
21-3 without further examination to an individual who has a high school
21-4 diploma or its equivalent but does not meet the education,
21-5 training, and experiential requirements for certification stated in
21-6 this Act, if the individual:
21-7 (1) applies for the certificate not later than
21-8 September 1, 1994, and pays the required fees; and
21-9 (2) is certified or registered as of September 1,
21-10 1993, by a national certifying or registering entity recognized by
21-11 the department or previously qualified as a clinical laboratory
21-12 science practitioner under federal regulations, including 42 C.F.R.
21-13 Sec. 493.1441.
21-14 (e) In the absence of a national certification, an
21-15 individual:
21-16 (1) who has passed a proficiency examination given by
21-17 the United States Department of Health and Human Services before
21-18 September 1, 1993, shall be certified by the department at the
21-19 level of a clinical laboratory scientist technologist; or
21-20 (2) who has documentation of acceptable levels of
21-21 education, training, and experience completed before September 1,
21-22 1993, presented in accordance with board rule, may be certified at
21-23 the level determined by the department.
21-24 (f) In the absence of a national certification, an
21-25 individual who has a high school diploma or its equivalent and has
21-26 documentation of training appropriate for the clinical laboratory
21-27 test performed shall be certified at a level determined by the
22-1 department. An individual certified under this subsection shall
22-2 obtain an associate's degree between September 1, 1993, and the
22-3 implementation date of the federal regulations that required a
22-4 certification holder to have at least an associate's degree. An
22-5 individual certified under this subsection must act under the
22-6 supervision of a licensed physician or a clinical laboratory
22-7 scientist technologist.
22-8 (g) After September 1, 1994, each applicant for
22-9 certification must meet the requirements of this Act except for
22-10 Subsection (f) of this section.
22-11 SECTION 20. EMERGENCY. The importance of this legislation
22-12 and the crowded condition of the calendars in both houses create an
22-13 emergency and an imperative public necessity that the
22-14 constitutional rule requiring bills to be read on three several
22-15 days in each house be suspended, and this rule is hereby suspended.