BILL ANALYSIS
C.S.S.B. 729
By: Galloway
Health and Human Services
4-20-95
Committee Report (Substituted)
BACKGROUND
The Medical Radiologic Certification Act (Article 4512m, V.T.C.S.)
authorizes the Texas State Board of Medical Examiners, Texas State
Board of Podiatry Examiners, Texas State Board of Nurse Examiners,
Texas State Board of Dental Examiners, and Texas State Board of
Chiropractic Examiners to identify radiologic procedures that must
be performed only by a medical radiologic technologist certified
under that Act. Currently, only the Board of Dental Examiners has
identified these procedures for dental radiologic technicians.
Although current law requires radiologic technician licensing
violations to be reported to the Texas Department of Health, the
law grants the department no injunctive powers against a violator.
PURPOSE
As proposed, C.S.S.B. 729 requires the Texas Board of Health to
identify procedures that must be performed only by a medical
radiologic technologist, expands the list of licensing violations
for radiologic technicians and students, expands the powers of the
Texas Board of Health in regulating medical radiologic
technologists, and provides civil and criminal penalties for
violating the provisions and rules of this Act.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Texas Board of Health and other state agencies assisting the
Texas Board of Health under SECTION 2 (Section 2.05(g), Article
4512m, V.T.C.S.), SECTION 4 (Section 2.08, Article 4512m,
V.T.C.S.), and SECTION 8(a) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2.03, Article 4512m ,V.T.C.S. (Medical
Radiologic Technologist Certification Act), by adding Subdivisions
(13) and (14) to define "direct supervision," "education program,"
"authorized person," and "registrant."
SECTION 2. Amends Section 2.05, Article 4512m, V.T.C.S., by
amending Subsection (a) and adding Subsections (f)-(k), as follows:
(a) Requires the Texas Board of Health (board) to adopt rules
establishing minimum standards for the approval of curricula
and education programs to train individuals, registered
nurses, and physician assistants to perform radiologic
procedures; minimum standards for the approval of instructors
to teach approved curricula or education programs, to train
individuals to perform radiologic procedures; and a registry
of persons who are required to comply with Subsection (f) of
this section.
(f) Requires the minimum standards of the board for approval
of curricula and education programs to include mandatory
training guidelines for a person, other than a practitioner or
a medical radiologic technologist, who intentionally
administers radiation to another person for medical purposes,
including a person who does not hold a certificate issued
under this Act who is performing a radiologic procedure under
the direction of a practitioner, other than a dentist, or at
a hospital. Requires the training program to contain an
appropriate number of hours of education that must be
completed before the person performs a radiologic procedure.
(g) Requires the board, by rule, to identify radiologic
procedures that are dangerous or hazardous and that only a
practitioner or a medical radiologic technologist are
authorized to perform.
(h) Declares that Subsection (g) of this section does not
apply to a radiologic procedure involving a dental X-ray
machine.
(i) Requires the Texas Department of Health (department), on
application by a hospital, federally qualified health center,
or practitioner, to exempt the applicant from the requirements
of Subsection (f) in employing a person certified under this
Act or trained as required by Subsection (f), if the applicant
shows a hardship in employing a person certified under this
Act or trained as required by Subsection (f).
(j) Sets forth a list of conditions considered to be hardships
for the purposes of Subsection (i).
(k) Authorizes the board, in adopting rules under Subsection
(g), to consider whether the radiologic procedure will be
performed by a registered nurse or a licensed physician
assistant.
SECTION 3. Amends Section 2.07, Article 4512m, V.T.C.S., by
amending Subsection (d) and adding Subsection (g), as follows:
(d) Authorizes a person who performs a radiologic procedure in
a hospital that participates in the federal Medicare program
or that is accredited by the Joint Commission on Accreditation
of Hospitals and who has completed a training program approved
by the board under Section 2.05(f) of this Act to perform
radiologic procedures without a certificate issued under this
Act.
(g) Provides that a person is not required to hold a
certificate issued under this Act to perform a radiologic
procedure if the procedure is performed under the supervision
of a dentist, and the person is registered with the State
Board of Dental Examiners and is in compliance with rules
adopted by that board under Section 2.08 of this Act.
SECTION 4. Amends Sections 2.08(b) and (c), Article 4512m,
V.T.C.S., as follows:
(b) Requires each agency subject to this Act to adopt rules in
accordance with Chapter 2001, Government Code, regulating the
direction of another authorized person in the performance of
radiologic procedures. Requires rules adopted under this
section to allow a practitioner the right to delegate certain
designated radiologic procedures to a person not certified
under this Act if the delegation is allowed by the regulatory
board that licenses the practitioner. Makes a nonsubstantive
change.
(c) Deletes identifying radiologic procedures and establishing
safety standards and procedures from the requirements for
rules adopted under this section. Requires rules adopted
under this section to establish standards, in addition to
those required by this Act, for the training and supervision
of equipment operators. Makes conforming changes.
SECTION 5. Amends Section 2.11, Article 4512m, V.T.C.S., as
follows:
(a) Adds certain disciplinary actions which the department is
authorized to take for violation of rules or provisions under
this Act.
(b) Makes conforming changes.
(c) Sets forth actions for which the department may take
disciplinary action against a person subject to this Act.
(d) Requires a person subject to disciplinary action to be
afforded an opportunity to demonstrate that the person is able
to resume the practice of radiologic technology.
(e) Prohibits the board from reinstating a certificate holder
or causing a certificate to be issued to an applicant
previously denied a certificate, unless the board believes the
holder or applicant has complied with board requirements and
is capable of practicing radiologic technology.
(f) Authorizes the department to take disciplinary action
against a student who intentionally practices radiologic
technology without direct supervision.
SECTION 6. Amends Section 2.13(a), Article 4512m, V.T.C.S., by
adding certain actions, which if committed by a person required to
be certified, constitute an offense.
SECTION 7. Amends Section 2.14, Article 4512m, V.T.C.S., as
follows:
Sec. 2.14. INJUNCTION; CIVIL PENALTY. (a) Authorizes the
board or department, if it appears that a person has, is, or
is threatening to violate this Act, to bring a civil action to
obtain injunctive relief to restrain the continued or
threatened violation.
(b) Subjects a violator of this Act to a civil penalty of
not more than $1,000 for each day of violation.
(c) Requires the attorney general, at the request of the
board or department, to bring an action for injunctive
relief, to recover a civil penalty, or both. Deletes
existing Section 2.14.
SECTION 8. (a) Requires the board, not later than January 1, 1996,
to adopt rules relating to the education of persons performing a
radiologic procedure.
(b) Requires a person, subject to the board requirement that
a person receive the appropriate number of hours of education,
to complete the education requirements by January 1, 1998.
Authorizes the person, until that date, to continue to perform
radiological procedures, and continues the former law in
effect for that purpose.
SECTION 9. Effective date: September 1, 1995.
SECTION 10. Emergency clause.