By Rodriguez H.B. No. 1200
74R4977 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 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) and (14) to read as follows:
1-9 (13) "Direct supervision" means supervision and
1-10 control by a medical radiologic technologist or a practitioner who
1-11 assumes legal liability for a student enrolled in a program that
1-12 meets the requirements adopted by rule under Section 2.05 of this
1-13 Act and who is physically present during the conduct of a
1-14 radiologic procedure to provide consultation or direct the action
1-15 of the student.
1-16 (14) "Education program" means clinical training or
1-17 any other program offered by an organization approved by the Texas
1-18 Board of Health that:
1-19 (A) has a specified objective;
1-20 (B) includes planned activities for the
1-21 participants; and
1-22 (C) uses an approved method for measuring the
1-23 progress of the participants.
1-24 SECTION 2. Section 2.05, Medical Radiologic Technologist
2-1 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
2-2 is amended by amending Subsection (a) and adding Subsections (f)
2-3 and (g) to read as follows:
2-4 (a) The Texas Board of Health shall adopt rules
2-5 establishing:
2-6 (1) minimum standards for issuing, renewing,
2-7 suspending, and revoking certificates issued under this Act;
2-8 (2) minimum standards for the approval of curricula
2-9 and education programs to train individuals to perform radiologic
2-10 procedures and for rescinding the approval; and
2-11 (3) minimum standards for the approval of instructors
2-12 to teach approved curricula or education programs to train
2-13 individuals to perform radiologic procedures and for rescinding the
2-14 approval.
2-15 (f) The minimum standards of the Texas Board of Health for
2-16 approval of curricula and education programs under Subsection
2-17 (a)(1) of this section shall include mandatory training guidelines
2-18 for a person, other than a practitioner, who intentionally
2-19 administers radiation to another person for medical purposes. The
2-20 training program approved by the Texas Board of Health must contain
2-21 not less than 120 hours of education programs that must be
2-22 completed before the person may perform a radiologic procedure.
2-23 (g) The Texas Board of Health shall identify radiologic
2-24 procedures that are dangerous or hazardous and that may only be
2-25 performed by a practitioner or a medical radiologic technologist
2-26 certified under this Act.
2-27 SECTION 3. Section 2.07, Medical Radiologic Technologist
3-1 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
3-2 is amended by amending Subsection (e) and adding Subsection (g) to
3-3 read as follows:
3-4 (e) A person is not required to hold a certificate issued
3-5 under this Act or to comply with the registration requirements
3-6 adopted under Section 2.08 of this Act if the person is a student
3-7 enrolled in a program which meets the minimum standards adopted
3-8 under Section 2.05 of this Act and if the person is performing
3-9 radiologic procedures under direct supervision in an academic or
3-10 clinical setting as part of the program.
3-11 (g) The minimum standards of education adopted under Section
3-12 2.05 of this Act do not apply to a person who performs a radiologic
3-13 procedure under Subsection (c) of this section.
3-14 SECTION 4. Sections 2.08(b) and (c), Medical Radiologic
3-15 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
3-16 Statutes), are amended to read as follows:
3-17 (b) Each agency, other than the Board of Nurse Examiners,
3-18 subject to this Act <section> shall adopt rules in accordance with
3-19 Chapter 2001, Government Code, <the Administrative Procedure and
3-20 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
3-21 Statutes)> to regulate the manner in which a licensee of the agency
3-22 may order, instruct, or direct another authorized person in the
3-23 performance of radiologic procedures.
3-24 (c) Rules adopted under this section must:
3-25 (1) require a person, other than a registered nurse,
3-26 who is not certified under this Act to register with the agency
3-27 that licenses the practitioner under whom the person performs
4-1 radiologic procedures;
4-2 (2) establish reasonable and necessary fees to cover
4-3 the administrative costs incurred by the agency in administering a
4-4 registration program created under this subsection;
4-5 (3) establish grounds for the suspension, revocation,
4-6 or nonrenewal of a registration issued under this subsection;
4-7 (4) <identify radiologic procedures that are more
4-8 dangerous or hazardous and may only be performed by a practitioner
4-9 or by a medical radiologic technologist certified under this Act;>
4-10 <(5)> establish safety standards and procedures for
4-11 the operation of equipment used to perform radiologic procedures;
4-12 and
4-13 (5) <(6)> establish standards, in addition to those
4-14 required by this Act, for the training and supervision of the
4-15 operators of the equipment.
4-16 SECTION 5. Section 2.11, Medical Radiologic Technologist
4-17 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
4-18 is amended to read as follows:
4-19 Sec. 2.11. Disciplinary Actions. (a) The department is
4-20 authorized to take the following disciplinary actions for the
4-21 violation of any provisions of this Act or rules adopted under this
4-22 Act:
4-23 (1) suspension, revocation, or nonrenewal of a
4-24 certificate; <and>
4-25 (2) rescission of curriculum, training program, or
4-26 instructor approval;
4-27 (3) denial of an application for certification or
5-1 approval;
5-2 (4) assessment of a civil penalty in an amount not to
5-3 exceed $1,000 for each separate violation of this Act;
5-4 (5) issuance of a reprimand; or
5-5 (6) placement of the offender's certificate on
5-6 probation and requiring compliance with any requirement of the
5-7 department, including submitting to medical or psychological
5-8 treatment, meeting additional education requirements, passing an
5-9 examination, or working under the supervision of a medical
5-10 radiologic technologist or other practitioner.
5-11 (b) The procedure by which the department takes a
5-12 disciplinary action and the procedure by which a disciplinary
5-13 action is appealed are governed by department rules for a contested
5-14 case hearing and by Chapter 2001, Government Code <the
5-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
5-16 Vernon's Texas Civil Statutes)>.
5-17 (c) The department may take disciplinary action against a
5-18 person subject to this Act for:
5-19 (1) obtaining or attempting to obtain a certificate
5-20 issued under this Act by bribery or fraud;
5-21 (2) making or filing a false report or record made in
5-22 the person's capacity as a medical radiologic technologist;
5-23 (3) intentionally or negligently failing to file a
5-24 report or record required by law;
5-25 (4) intentionally obstructing or inducing another to
5-26 intentionally obstruct the filing of a report or record required by
5-27 law;
6-1 (5) engaging in unprofessional conduct, including the
6-2 violation of the standards of practice of radiologic technology
6-3 established by the Texas Board of Health;
6-4 (6) developing an incapacity that prevents the
6-5 practice of radiologic technology with reasonable skill,
6-6 competence, and safety to the public as the result of:
6-7 (A) an illness;
6-8 (B) drug or alcohol dependency; or
6-9 (C) another physical or mental condition or
6-10 illness;
6-11 (7) failing to report to the department the violation
6-12 of this Act by another person;
6-13 (8) employing, for the purpose of applying ionizing
6-14 radiation to a person, a person who is not certified under this
6-15 Act;
6-16 (9) violating a provision of this Act, a rule adopted
6-17 under this Act, an order of the department previously entered in a
6-18 disciplinary proceeding, or an order to comply with a subpoena
6-19 issued by the department;
6-20 (10) having a certificate revoked, suspended, or
6-21 otherwise subjected to adverse action or being denied a certificate
6-22 by another certification authority in another state, territory, or
6-23 country; or
6-24 (11) being convicted of or pleading nolo contendere to
6-25 a crime directly related to the practice of radiologic technology.
6-26 (d) A certificate holder subject to disciplinary action
6-27 under Subsection (c)(6) of this section shall, at reasonable
7-1 intervals, be afforded an opportunity to demonstrate that the
7-2 holder is able to resume the practice of radiologic technology.
7-3 (e) The Texas Board of Health may not reinstate a
7-4 certificate to a holder or cause a certificate to be issued to an
7-5 applicant previously denied a certificate unless the board is
7-6 satisfied that the holder or applicant has complied with
7-7 requirements set by the board and is capable of engaging in the
7-8 practice of radiologic technology.
7-9 (f) The department may take disciplinary action against a
7-10 student for intentionally practicing radiologic technology without
7-11 direct supervision.
7-12 SECTION 6. Section 2.13(a), Medical Radiologic Technologist
7-13 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
7-14 is amended to read as follows:
7-15 (a) A person who is required to be certified under this Act
7-16 commits an offense if the person:
7-17 (1) knowingly administers a radiologic procedure to
7-18 another person without holding a valid certificate issued by the
7-19 department;
7-20 (2) practices radiologic technology without holding a
7-21 certificate under this Act;
7-22 (3) uses or attempts to use a suspended or revoked
7-23 certificate;
7-24 (4) knowingly allows a student enrolled in an
7-25 education program to perform a radiologic procedure without direct
7-26 supervision;
7-27 (5) obtains or attempts to obtain a certificate
8-1 through bribery or fraudulent misrepresentation;
8-2 (6) uses the title or name "certified medical
8-3 radiologic technologist" or any other name or title that implies
8-4 the person is certified to practice radiologic technology, unless
8-5 the person is certified under this Act;
8-6 (7) knowingly conceals information relating to
8-7 enforcement of this Act or rules adopted under this Act; or
8-8 (8) employs a person not certified by this Act for the
8-9 purpose of applying ionizing radiation to a person.
8-10 SECTION 7. Section 2.14, Medical Radiologic Technologist
8-11 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
8-12 is amended to read as follows:
8-13 Sec. 2.14. INJUNCTION; CIVIL PENALTY. (a) If it appears
8-14 that a person has violated, is violating, or is threatening to
8-15 violate this Act or a rule adopted under this Act, the Texas Board
8-16 of Health or the department may bring a civil action to obtain
8-17 injunctive relief to restrain the continued or threatened
8-18 violation.
8-19 (b) A person who violates this Act or a rule adopted under
8-20 this Act is subject to a civil penalty in an amount that may not
8-21 exceed $1,000 for each day of violation.
8-22 (c) At the request of the Texas Board of Health or the
8-23 department, the attorney general shall bring an action in the name
8-24 of the state for injunctive relief, to recover a civil penalty, or
8-25 both, as authorized by this section. <TERMS OF INITIAL MEMBERS;
8-26 INITIAL MEETING. (a) Four initial members appointed to the
8-27 Medical Radiologic Technologist Advisory Board serve for terms
9-1 expiring January 1, 1990, four initial members serve for terms
9-2 expiring January 1, 1992, and four initial members serve for terms
9-3 expiring January 1, 1994. The 12 initial members shall draw lots
9-4 to determine the lengths of their terms. The Texas Board of Health
9-5 shall make the initial appointments not later than January 1, 1988.>
9-6 <(b) The advisory board shall hold its initial meeting by
9-7 January, 1988, to organize, begin work, and set future meeting
9-8 dates.>
9-9 SECTION 8. (a) The Texas Board of Health shall adopt rules
9-10 relating to the education of persons performing a radiologic
9-11 procedure not later than January 1, 1996.
9-12 (b) A person subject to the requirement of the Texas Board
9-13 of Health that the person receive 120 hours of education
9-14 requirements before performing a radiologic procedure must complete
9-15 the education requirements approved by the Texas Board of Health on
9-16 or before January 1, 1998, but may until that date continue to
9-17 perform radiologic procedures authorized by the Medical Radiologic
9-18 Technologist Certification Act (Article 4512m, Vernon's Texas Civil
9-19 Statutes), and the former law is continued in effect for that
9-20 purpose.
9-21 SECTION 9. This Act takes effect September 1, 1995.
9-22 SECTION 10. The importance of this legislation and the
9-23 crowded condition of the calendars in both houses create an
9-24 emergency and an imperative public necessity that the
9-25 constitutional rule requiring bills to be read on three several
9-26 days in each house be suspended, and this rule is hereby suspended.