BILL ANALYSIS



H.B. 2898
By: J. Harris
04-19-95
Committee Report (Unamended)


BACKGROUND

Since 1991, there have been problems with the maintenance checks
required by the Bureau of Radiation Control on dental X-ray
equipment. The rules are not clear regarding whether the persons
performing the inspections may be authorized by a dentist or fall
under the administrative rules of the Texas Board of Licensure for
Professional Medical Physicists.

PURPOSE

H.B. 2898 establishes the authority of dentists to delegate X-ray
maintenance checks to qualified persons.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Adds Article 4551o to Chapter 9, Title 71, Revised
Statutes, to allow a dentist to authorize a qualified person to
perform beam calibration and characterization, quality assurance,
instrument specification, acceptance testing, shielding design, or
protection analysis on radiation-emitting equipment or
radiopharmaceuticals for procedures involved with the diagnosis or
treatment of disease or other dental conditions. Establishes that
the authorization of these acts by a dentist and the performance of
same by a qualified person shall not constitute the practice of
medical physics as defined and regulated by the Texas Medical
Physics Practice Act, Article 4512n, Revised Statutes.

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 2898 was considered by the Public Health Committee in a public
hearing on April 19, 1995. 
The following person testified in favor of the bill:
     Sally Hanners, representing self.

The following person testified neutrally on the bill:
     Ruth E. McBurney, representing Texas Department of Health -
Bureau of Radiation      Control.  

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
8 Ayes, 0 Nays, 0 PNV, 1 Absent.