H.B. No. 1200
1-1 AN ACT
1-2 relating to the regulation of medical radiologic technologists and
1-3 other persons who perform radiologic procedures; providing civil
1-4 and criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2.03, Medical Radiologic Technologist
1-7 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
1-8 is amended by adding Subdivisions (13), (14), (15), and (16) to
1-9 read as follows:
1-10 (13) "Direct supervision" means supervision and
1-11 control by a medical radiologic technologist or a practitioner who
1-12 assumes legal liability for a student employed to perform a
1-13 radiologic procedure and enrolled in a program that meets the
1-14 requirements adopted by rule under Section 2.05 of this Act, and
1-15 who is physically present during the conduct of a radiologic
1-16 procedure to provide consultation or direct the action of the
1-17 student.
1-18 (14) "Education program" means clinical training or
1-19 any other program offered by an organization approved by the Texas
1-20 Board of Health that:
1-21 (A) has a specified objective;
1-22 (B) includes planned activities for the
1-23 participants; and
1-24 (C) uses an approved method for measuring the
2-1 progress of the participants.
2-2 (15) "Authorized person" means a person who meets or
2-3 exceeds the minimum educational standards of the Texas Board of
2-4 Health under Section 2.05(f) of this Act.
2-5 (16) "Registrant" means an individual, other than a
2-6 practitioner or medical radiologic technologist, who meets the
2-7 requirements of Section 2.05(f) of this Act.
2-8 SECTION 2. Section 2.05, Medical Radiologic Technologist
2-9 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
2-10 is amended by amending Subsection (a) and adding Subsections
2-11 (f)-(k) to read as follows:
2-12 (a) The Texas Board of Health shall adopt rules
2-13 establishing:
2-14 (1) minimum standards for issuing, renewing,
2-15 suspending, and revoking certificates issued under this Act;
2-16 (2) minimum standards for the approval of curricula
2-17 and education programs to train individuals, registered nurses, and
2-18 physician assistants to perform radiologic procedures and for
2-19 rescinding the approval; <and>
2-20 (3) minimum standards for the approval of instructors
2-21 to teach approved curricula or education programs to train
2-22 individuals to perform radiologic procedures and for rescinding the
2-23 approval; and
2-24 (4) a registry of persons who are required to comply
2-25 with Subsection (f) of this section.
2-26 (f) The minimum standards of the Texas Board of Health for
2-27 approval of curricula and education programs under Subsection (a)
3-1 of this section shall include mandatory training guidelines for a
3-2 person, other than a practitioner or a medical radiologic
3-3 technologist, who intentionally administers radiation to another
3-4 person for medical purposes, including a person who does not hold a
3-5 certificate issued under this Act who is performing a radiologic
3-6 procedure at a hospital or under the direction of a practitioner,
3-7 other than a dentist. The training program approved by the Texas
3-8 Board of Health must contain an appropriate number of hours of
3-9 education that must be completed before the person may perform a
3-10 radiologic procedure.
3-11 (g) The Texas Board of Health with the assistance of other
3-12 appropriate state agencies shall by rule identify radiologic
3-13 procedures that are dangerous or hazardous and that may only be
3-14 performed by a practitioner or a medical radiologic technologist
3-15 certified under this Act.
3-16 (h) Subsection (g) of this section does not apply to a
3-17 radiologic procedure involving a dental X-ray machine, including a
3-18 panarex or other equipment designed and manufactured only for use
3-19 in dental radiography.
3-20 (i) On the application to the department by a hospital,
3-21 federally qualified health center as defined by 42 U.S.C. Section
3-22 1396d, or practitioner, the department shall exempt the applicant
3-23 from the requirements of Subsection (f) of this section in
3-24 employing a person certified under this Act or trained as required
3-25 by Subsection (f) of this section if the applicant shows a hardship
3-26 in employing a person certified under this Act or trained as
3-27 required by Subsection (f) of this section.
4-1 (j) The following conditions are considered to be hardships
4-2 for the purposes of Subsection (i) of this section:
4-3 (1) that the hospital, federally qualified health
4-4 center, or practitioner reports an inability to attract and retain
4-5 medical radiologic technologists;
4-6 (2) that the hospital, federally qualified health
4-7 center, or practitioner is located at a great distance from a
4-8 school of medical radiologic technology;
4-9 (3) that there is a list of qualified applicants to a
4-10 school of medical radiologic technology whose admissions are
4-11 pending because of a lack of faculty or space;
4-12 (4) that the school of medical radiologic technology
4-13 produces an insufficient number of graduates in medical radiologic
4-14 technology to meet the needs of the hospital, federally qualified
4-15 health center, or practitioner; or
4-16 (5) any other criteria determined by department rule.
4-17 (k) In adopting rules under Subsection (g) of this section,
4-18 the Texas Board of Health may consider whether the radiologic
4-19 procedure will be performed by a registered nurse or a licensed
4-20 physician assistant.
4-21 SECTION 3. Section 2.07, Medical Radiologic Technologist
4-22 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
4-23 is amended by amending Subsection (d) and adding Subsection (g) to
4-24 read as follows:
4-25 (d) A person who performs a radiologic procedure in a
4-26 hospital that participates in the federal Medicare program or that
4-27 is accredited by the Joint Commission on Accreditation of Hospitals
5-1 and who has completed a training program approved by the Texas
5-2 Board of Health under Section 2.05(f) of this Act <received
5-3 appropriate instruction and training in the use and operation of
5-4 diagnostic radiologic equipment consistent with either the federal
5-5 Medicare standards for certification of hospitals or the
5-6 accreditation standards of the Joint Commission on Accreditation of
5-7 Hospitals> may perform radiologic procedures without a certificate
5-8 issued under this Act. <A hospital that instructs and trains a
5-9 person in the performance of radiologic procedures shall develop a
5-10 protocol for the instruction and training.>
5-11 (g) A person is not required to hold a certificate issued
5-12 under this Act to perform a radiologic procedure if:
5-13 (1) the procedure is performed under the supervision
5-14 of a dentist; and
5-15 (2) the person is:
5-16 (A) registered with the State Board of Dental
5-17 Examiners; and
5-18 (B) in compliance with rules adopted by that
5-19 board under Section 2.08 of this Act.
5-20 SECTION 4. Sections 2.08(b) and (c), Medical Radiologic
5-21 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
5-22 Statutes), are amended to read as follows:
5-23 (b) Each agency, other than the Board of Nurse Examiners,
5-24 subject to this Act <section> shall adopt rules in accordance with
5-25 Chapter 2001, Government Code, <the Administrative Procedure and
5-26 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
5-27 Statutes)> to regulate the manner in which a licensee of the agency
6-1 may order, instruct, or direct another authorized person in the
6-2 performance of radiologic procedures. Rules adopted under this
6-3 subsection shall allow a practitioner the right to delegate certain
6-4 designated radiologic procedures to a person not certified under
6-5 this Act if the delegation is allowed by the regulatory board that
6-6 licenses the practitioner.
6-7 (c) Rules adopted under this section must:
6-8 (1) require an authorized <a> person, other than a
6-9 registered nurse, <who is not certified under this Act> to register
6-10 with the agency that licenses the practitioner under whom the
6-11 person performs radiologic procedures;
6-12 (2) establish reasonable and necessary fees to cover
6-13 the administrative costs incurred by the agency in administering a
6-14 registration program created under this subsection;
6-15 (3) establish grounds for the suspension, revocation,
6-16 or nonrenewal of a registration issued under this subsection; and
6-17 (4) <identify radiologic procedures that are more
6-18 dangerous or hazardous and may only be performed by a practitioner
6-19 or by a medical radiologic technologist certified under this Act;>
6-20 <(5) establish safety standards and procedures for the
6-21 operation of equipment used to perform radiologic procedures; and>
6-22 <(6)> establish standards, in addition to those
6-23 required by this Act, for the training and supervision of the
6-24 operators of the equipment.
6-25 SECTION 5. Section 2.11, Medical Radiologic Technologist
6-26 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
6-27 is amended to read as follows:
7-1 Sec. 2.11. Disciplinary Actions. (a) The department is
7-2 authorized to take the following disciplinary actions for the
7-3 violation of any provisions of this Act or rules adopted under this
7-4 Act:
7-5 (1) suspension, revocation, or nonrenewal of a
7-6 certificate; <and>
7-7 (2) rescission of curriculum, training program, or
7-8 instructor approval;
7-9 (3) denial of an application for certification or
7-10 approval;
7-11 (4) assessment of a civil penalty in an amount not to
7-12 exceed $1,000 for each separate violation of this Act;
7-13 (5) issuance of a reprimand; or
7-14 (6) placement of the offender's certificate on
7-15 probation and requiring compliance with a requirement of the
7-16 department, including submitting to medical or psychological
7-17 treatment, meeting additional education requirements, passing an
7-18 examination, or working under the supervision of a medical
7-19 radiologic technologist or other practitioner.
7-20 (b) The procedure by which the department takes a
7-21 disciplinary action and the procedure by which a disciplinary
7-22 action is appealed are governed by department rules for a contested
7-23 case hearing and by Chapter 2001, Government Code <the
7-24 Administrative Procedure and Texas Register Act (Article 6252-13a,
7-25 Vernon's Texas Civil Statutes)>.
7-26 (c) The department may take disciplinary action against a
7-27 person subject to this Act for:
8-1 (1) obtaining or attempting to obtain a certificate
8-2 issued under this Act by bribery or fraud;
8-3 (2) making or filing a false report or record made in
8-4 the person's capacity as a medical radiologic technologist;
8-5 (3) intentionally or negligently failing to file a
8-6 report or record required by law;
8-7 (4) intentionally obstructing or inducing another to
8-8 intentionally obstruct the filing of a report or record required by
8-9 law;
8-10 (5) engaging in unprofessional conduct, including the
8-11 violation of the standards of practice of radiologic technology
8-12 established by the Texas Board of Health;
8-13 (6) developing an incapacity that prevents the
8-14 practice of radiologic technology with reasonable skill,
8-15 competence, and safety to the public as the result of:
8-16 (A) an illness;
8-17 (B) drug or alcohol dependency; or
8-18 (C) another physical or mental condition or
8-19 illness;
8-20 (7) failing to report to the department the violation
8-21 of this Act by another person;
8-22 (8) employing, for the purpose of applying ionizing
8-23 radiation to a person, a person who is not certified under or in
8-24 compliance with this Act;
8-25 (9) violating a provision of this Act, a rule adopted
8-26 under this Act, an order of the department previously entered in a
8-27 disciplinary proceeding, or an order to comply with a subpoena
9-1 issued by the department;
9-2 (10) having a certificate revoked, suspended, or
9-3 otherwise subjected to adverse action or being denied a certificate
9-4 by another certification authority in another state, territory, or
9-5 country; or
9-6 (11) being convicted of or pleading nolo contendere to
9-7 a crime directly related to the practice of radiologic technology.
9-8 (d) A person subject to disciplinary action under Subsection
9-9 (c)(6) of this section shall, at reasonable intervals, be afforded
9-10 an opportunity to demonstrate that the person is able to resume the
9-11 practice of radiologic technology.
9-12 (e) The Texas Board of Health may not reinstate a
9-13 certificate to a holder or cause a certificate to be issued to an
9-14 applicant previously denied a certificate unless the board is
9-15 satisfied that the holder or applicant has complied with
9-16 requirements set by the board and is capable of engaging in the
9-17 practice of radiologic technology.
9-18 (f) The department may take disciplinary action against a
9-19 student for intentionally practicing radiologic technology without
9-20 direct supervision.
9-21 SECTION 6. Section 2.13(a), Medical Radiologic Technologist
9-22 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
9-23 is amended to read as follows:
9-24 (a) A person who is required to be certified under this Act
9-25 commits an offense if the person:
9-26 (1) knowingly administers a radiologic procedure to
9-27 another person without holding a valid certificate issued by the
10-1 department;
10-2 (2) practices radiologic technology without holding a
10-3 certificate under this Act;
10-4 (3) uses or attempts to use a suspended or revoked
10-5 certificate;
10-6 (4) knowingly allows a student enrolled in an
10-7 education program to perform a radiologic procedure without direct
10-8 supervision;
10-9 (5) obtains or attempts to obtain a certificate
10-10 through bribery or fraudulent misrepresentation;
10-11 (6) uses the title or name "certified medical
10-12 radiologic technologist" or any other name or title that implies
10-13 the person is certified to practice radiologic technology, unless
10-14 the person is certified under this Act;
10-15 (7) knowingly conceals information relating to
10-16 enforcement of this Act or rules adopted under this Act; or
10-17 (8) employs a person not certified by or in compliance
10-18 with this Act for the purpose of applying ionizing radiation to a
10-19 person.
10-20 SECTION 7. Section 2.14, Medical Radiologic Technologist
10-21 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
10-22 is amended to read as follows:
10-23 Sec. 2.14. INJUNCTION; CIVIL PENALTY. (a) If it appears
10-24 that a person has violated, is violating, or is threatening to
10-25 violate this Act or a rule adopted under this Act, the Texas Board
10-26 of Health or the department may bring a civil action to obtain
10-27 injunctive relief to restrain the continued or threatened
11-1 violation.
11-2 (b) A person who violates this Act or a rule adopted under
11-3 this Act is subject to a civil penalty in an amount that may not
11-4 exceed $1,000 for each day of violation.
11-5 (c) At the request of the Texas Board of Health or the
11-6 department, the attorney general shall bring an action in the name
11-7 of the state for injunctive relief, to recover a civil penalty, or
11-8 both, as authorized by this section. <TERMS OF INITIAL MEMBERS;
11-9 INITIAL MEETING. (a) Four initial members appointed to the
11-10 Medical Radiologic Technologist Advisory Board serve for terms
11-11 expiring January 1, 1990, four initial members serve for terms
11-12 expiring January 1, 1992, and four initial members serve for terms
11-13 expiring January 1, 1994. The 12 initial members shall draw lots
11-14 to determine the lengths of their terms. The Texas Board of Health
11-15 shall make the initial appointments not later than January 1, 1988.>
11-16 <(b) The advisory board shall hold its initial meeting by
11-17 January, 1988, to organize, begin work, and set future meeting
11-18 dates.>
11-19 SECTION 8. (a) The Texas Board of Health shall adopt rules
11-20 relating to the education of persons performing a radiologic
11-21 procedure not later than January 1, 1996.
11-22 (b) A person subject to the requirement of the Texas Board
11-23 of Health that the person receive the appropriate number of hours
11-24 of education requirements before performing a radiologic procedure
11-25 must complete the education requirements approved by the Texas
11-26 Board of Health on or before January 1, 1998, but may until that
11-27 date continue to perform radiologic procedures authorized by the
12-1 Medical Radiologic Technologist Certification Act (Article 4512m,
12-2 Vernon's Texas Civil Statutes), and the former law is continued in
12-3 effect for that purpose.
12-4 SECTION 9. This Act takes effect September 1, 1995.
12-5 SECTION 10. The importance of this legislation and the
12-6 crowded condition of the calendars in both houses create an
12-7 emergency and an imperative public necessity that the
12-8 constitutional rule requiring bills to be read on three several
12-9 days in each house be suspended, and this rule is hereby suspended.