By Rodriguez H.B. No. 1199
74R1171 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of medical radiologic technologists and
1-3 other persons who perform certain radiologic procedures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.07, Medical Radiologic Technologist
1-6 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
1-7 is amended to read as follows:
1-8 Sec. 2.07. Authorization to Perform Procedure. (a) Except
1-9 as otherwise provided by this section, to perform a radiologic
1-10 procedure a person must hold a certificate issued under this Act.
1-11 (b) A person is not required to hold a certificate issued
1-12 under this Act to perform a radiologic procedure if the person is a
1-13 practitioner and performs the procedure in the course and scope of
1-14 the profession for which the person holds the license.
1-15 (c) <A person is not required to hold a certificate issued
1-16 under this Act to perform radiologic procedures if the person
1-17 performs the procedures under the instruction or direction of a
1-18 practitioner if the person and the practitioner are in compliance
1-19 with rules adopted under Section 2.08 of this Act.>
1-20 <(d)> A person who performs a radiologic procedure in a
1-21 hospital that participates in the federal Medicare program or that
1-22 is accredited by the Joint Commission on Accreditation of Hospitals
1-23 and who has received appropriate instruction and training in the
1-24 use and operation of diagnostic radiologic equipment consistent
2-1 with either the federal Medicare standards for certification of
2-2 hospitals or the accreditation standards of the Joint Commission on
2-3 Accreditation of Hospitals may perform radiologic procedures
2-4 without a certificate issued under this Act. A hospital that
2-5 instructs and trains a person in the performance of radiologic
2-6 procedures shall develop a protocol for the instruction and
2-7 training.
2-8 (d) <(e)> A person is not required to hold a certificate
2-9 issued under this Act or to comply with the registration
2-10 requirements adopted under Section 2.08 of this Act if the person
2-11 is a student enrolled in a program which meets the minimum
2-12 standards adopted under Section 2.05 of this Act and if the person
2-13 is performing radiologic procedures in an academic or clinical
2-14 setting as part of the program.
2-15 (e) <(f)> A person is not required to hold a certificate
2-16 issued under this Act or to comply with the registration
2-17 requirements adopted under Section 2.08 of this Act if the person
2-18 is licensed or otherwise registered as a medical radiologic
2-19 technologist in another state, the District of Columbia, a
2-20 territory of the United States, the American Registry of Radiologic
2-21 Technologists, the American Registry of Clinical Radiography
2-22 Technologists, or a professional organization or association
2-23 recognized by the Texas Board of Health; if the person is enrolled
2-24 in continuing education which meets the requirements adopted under
2-25 Section 2.05; and if the person is performing radiologic procedures
2-26 as part of the continuing education for a period of not more than
2-27 10 days.
3-1 SECTION 2. Sections 2.08(b), (c), and (e), Medical
3-2 Radiologic Technologist Certification Act (Article 4512m, Vernon's
3-3 Texas Civil Statutes), are amended to read as follows:
3-4 (b) Each agency, other than the Board of Nurse Examiners,
3-5 subject to this Act <section> shall adopt rules in accordance with
3-6 Chapter 2001, Government Code, <the Administrative Procedure and
3-7 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
3-8 Statutes)> to regulate the manner in which a licensee of the agency
3-9 may order, instruct, or direct another authorized person in the
3-10 performance of radiologic procedures.
3-11 (c) Rules adopted under this section must:
3-12 (1) require a person, other than a registered nurse,
3-13 who is <not> certified or authorized under this Act to register
3-14 with the agency that licenses the practitioner under whom the
3-15 person performs radiologic procedures;
3-16 (2) establish reasonable and necessary fees to cover
3-17 the administrative costs incurred by the agency in administering a
3-18 registration program created under this subsection;
3-19 (3) establish grounds for the suspension, revocation,
3-20 or nonrenewal of a registration issued under this subsection;
3-21 (4) identify radiologic procedures that are more
3-22 dangerous or hazardous and may only be performed by a practitioner
3-23 or by a medical radiologic technologist certified under this Act;
3-24 (5) establish safety standards and procedures for the
3-25 operation of equipment used to perform radiologic procedures; and
3-26 (6) establish standards for the training and
3-27 supervision of the operators of the equipment.
4-1 (e) The Board of Nurse Examiners may adopt rules governing
4-2 registered nurses performing radiologic procedures under
4-3 Subsections (b) and (c) <(d)> of Section 2.07 of this Act and shall
4-4 require registered nurses performing radiologic procedures under
4-5 Subsection (b) of Section 2.07 to register with the Board of Nurse
4-6 Examiners and to identify the practitioner ordering those
4-7 procedures. The board shall notify the agency licensing the
4-8 practitioner that the nurse has registered with the board.
4-9 SECTION 3. Section 2.14, Medical Radiologic Technologist
4-10 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
4-11 is repealed.
4-12 SECTION 4. (a) This Act takes effect September 1, 1995.
4-13 (b) A person who does not hold a certificate under the
4-14 Medical Radiologic Technologist Certification Act (Article 4512m,
4-15 Vernon's Texas Civil Statutes) and who performed radiologic
4-16 procedures under the instruction or direction of a practitioner
4-17 before the effective date of this Act may continue to perform
4-18 procedures as provided by Section 2.07(c), Medical Radiologic
4-19 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
4-20 Statutes), as that section existed before the effective date of
4-21 this Act, and the former law is continued in effect for that
4-22 purpose. This subsection expires September 1, 1997.
4-23 SECTION 5. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.