By Turner of Harris H.B. No. 2742
74R908 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain clinical laboratory science
1-3 practitioners and the practice of clinical laboratory science;
1-4 providing for fees and administrative, civil, and criminal
1-5 penalties; providing for denial, suspension, probation, or
1-6 revocation of a license.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. SHORT TITLE. This Act may be cited as the
1-9 Licensed Clinical Laboratory Science Practitioner Act.
1-10 SECTION 2. DEFINITIONS. In this Act:
1-11 (1) "Accredited clinical laboratory science program"
1-12 means an educational program planned to provide a predetermined
1-13 amount of instruction and experience in clinical laboratory science
1-14 for clinical laboratory science practitioners that has been
1-15 accredited by one of the accrediting agencies recognized by the
1-16 United States Department of Education.
1-17 (2) "Board" means the Texas State Board of Examiners
1-18 for Clinical Laboratory Science Practitioners.
1-19 (3) "Board of health" means the Texas Board of Health.
1-20 (4) "Categorical clinical laboratory scientist" means
1-21 an individual eligible for a license under this Act who is
1-22 qualified to perform a clinical test related to the individual's
1-23 scientific specialty that requires the exercise of independent
1-24 judgment and responsibility with minimal supervision, who maintains
2-1 equipment, keeps records, and performs other quality assurance
2-2 activities related to the performance of a clinical test, and who
2-3 may also function as a supervisor, educator, or researcher in the
2-4 individual's area of specialization in a clinical laboratory
2-5 setting. The term does not include a physician.
2-6 (5) "Clinical laboratory" means a facility that
2-7 performs clinical tests.
2-8 (6) "Clinical laboratory assistant" means an
2-9 individual who is eligible for a license under this Act, who is
2-10 qualified to perform a clinical test, under established and
2-11 approved protocols by applying preset instructions, that requires
2-12 limited knowledge of general laboratory procedure, and who performs
2-13 under the appropriate supervision of a clinical laboratory
2-14 scientist, categorical clinical laboratory scientist, clinical
2-15 laboratory technician, laboratory supervisor, or laboratory
2-16 director.
2-17 (7) "Clinical laboratory science practitioner" means a
2-18 clinical laboratory scientist, categorical clinical laboratory
2-19 scientist, clinical laboratory technician, clinical laboratory
2-20 assistant, cytotechnologist, histotechnologist, histologic
2-21 technician, or any other individual who engages in management,
2-22 supervision, education, consultation, or research or performs
2-23 clinical laboratory testing or technical procedures in a clinical
2-24 laboratory. The term does not include a physician, a trainee, or a
2-25 person who performs only clerical duties or other duties that are
2-26 not directly related to the performance of a clinical test.
2-27 (8) "Clinical laboratory scientist" means an
3-1 individual eligible for a license under this Act who is qualified
3-2 to perform any clinical test that requires the exercise of
3-3 independent judgment. The individual may be responsible for the
3-4 establishment and implementation of protocols, method development
3-5 and selection, equipment selection and maintenance, recordkeeping,
3-6 quality assessment, and all activities related to the preanalytic,
3-7 analytic, and postanalytic phases of testing. The individual may
3-8 direct, supervise, consult, educate, and perform research functions
3-9 in a clinical laboratory setting. The term includes a medical
3-10 technologist but does not include a physician.
3-11 (9) "Clinical laboratory technician" means an
3-12 individual eligible for a license under this Act who is qualified
3-13 to perform a clinical test, under established and approved
3-14 protocols, that requires the exercise of limited judgment and
3-15 responsibility, and who may perform under the appropriate
3-16 supervision of a clinical laboratory scientist, laboratory
3-17 supervisor, or laboratory director. The term includes a medical
3-18 laboratory technician but does not include a physician.
3-19 (10) "Clinical test," "clinical laboratory test," or
3-20 "laboratory test" means a biological, microbiological, serological,
3-21 chemical, immunohematological, hematological, radiobioassay,
3-22 biophysical, immunological, cytological, histological,
3-23 pathological, or other procedure that is performed on a specimen
3-24 derived from or existing in the human body that provides
3-25 information for the diagnosis, prevention, or treatment of a
3-26 disease or impairment or the assessment of a medical condition for
3-27 a human being. A clinical laboratory test encompasses the
4-1 preanalytic, analytic, and postanalytic phases of testing.
4-2 (11) "Cytotechnologist" means an individual eligible
4-3 for a license under this Act who is qualified to perform a clinical
4-4 laboratory test for the detection of malignant cells that requires
4-5 the exercise of independent judgment and responsibility with
4-6 minimal supervision, who maintains equipment, keeps records, and
4-7 performs other quality assurance activities related to the
4-8 performance of a clinical test, and who may also function as a
4-9 supervisor, educator, or researcher in a clinical laboratory
4-10 setting. The term does not include a physician.
4-11 (12) "Department" means the Texas Department of
4-12 Health.
4-13 (13) "Histologic technician" means an individual
4-14 eligible for a license under this Act who is qualified to perform a
4-15 clinical or analytical procedure in the preparation of human tissue
4-16 for microscopic diagnosis, under established and approved
4-17 protocols, that requires the exercise of limited judgment and
4-18 responsibility and who may perform under the appropriate
4-19 supervision of a clinical laboratory scientist, histotechnologist,
4-20 or physician. The term does not include a physician.
4-21 (14) "Histotechnologist" means an individual eligible
4-22 for a license under this Act who is qualified to perform a clinical
4-23 or analytical procedure in the preparation of human tissue for
4-24 microscopic diagnosis that requires the exercise of independent
4-25 judgment and responsibility with minimal supervision, who maintains
4-26 equipment, keeps records, and performs other quality assurance
4-27 activities related to the performance of a clinical test, and who
5-1 may also function as a supervisor, educator, or researcher in a
5-2 clinical laboratory setting. The term does not include a
5-3 physician.
5-4 (15) "Point of care test" means a clinical test that
5-5 is designated by the medical staff of a health care facility as
5-6 being so critical to the patient's care that it must be performed
5-7 immediately on or near the patient, that provides clinically
5-8 relevant information that directs therapy, that is limited to
5-9 procedures that produce accurate and precise data in a short time,
5-10 that meets the current standards of quality in laboratory medicine,
5-11 and that complies with all standards of accrediting agencies. The
5-12 term does not include a clinical test performed in a physician's
5-13 office laboratory.
5-14 (16) "Specimen" means any material obtained from the
5-15 human body to perform a clinical test.
5-16 (17) "Trainee" means an individual with an appropriate
5-17 educational background who is employed by a clinical laboratory or
5-18 enrolled in an accredited clinical laboratory science program and
5-19 who is fulfilling the training and experience qualifications
5-20 required for a license under this Act. The term does not include a
5-21 physician.
5-22 SECTION 3. LICENSE REQUIRED; EXEMPTIONS. (a) Except as
5-23 provided by Subsection (b) of this section, an individual may not
5-24 perform a clinical test and may not hold the individual out as a or
5-25 use the title of clinical laboratory scientist, categorical
5-26 clinical laboratory scientist, clinical laboratory technician,
5-27 clinical laboratory assistant, cytotechnologist, histotechnologist,
6-1 or histologic technician unless the individual holds an appropriate
6-2 license issued under this Act.
6-3 (b) This Act does not apply to:
6-4 (1) an individual, including a physician, who is
6-5 licensed, certified, or registered by this state under any other
6-6 act regulating a health care occupation while engaging in the
6-7 practice for which the individual is licensed, certified, or
6-8 registered and who meets the requirements for testing personnel as
6-9 defined in federal regulations governing clinical laboratories;
6-10 (2) an individual employed by an agency of the federal
6-11 government while performing official duties;
6-12 (3) an individual who performs clinical laboratory
6-13 tests only as an incident to teaching or research, if results of
6-14 any test performed are not used in the health maintenance,
6-15 diagnosis, or treatment of humans;
6-16 (4) a trainee or student enrolled in a recognized
6-17 course of instruction, if the activities constitute a part of a
6-18 planned course or program conducted under the supervision of a
6-19 licensed clinical laboratory science practitioner;
6-20 (5) an individual who gratuitously performs
6-21 exclusively simple clinical tests, or testing for the individual's
6-22 own information, including those tests that have been approved by
6-23 the United States Food and Drug Administration for home use; or
6-24 (6) an individual who exclusively performs tests that
6-25 have been classified as waived tests by the United States
6-26 government.
6-27 (c) The board by rule shall grant a certificate of exemption
7-1 from the license requirements for a health care practitioner whose
7-2 scope of practice does not include laboratory testing, who is not a
7-3 physician, and who performs clinical laboratory tests in a point of
7-4 care testing area, if:
7-5 (1) the individual:
7-6 (A) applies on a form prescribed by the board;
7-7 (B) at a minimum, meets the requirements for
7-8 testing personnel as defined in federal regulations governing
7-9 clinical laboratories; and
7-10 (C) presents satisfactory evidence to the board
7-11 of continuing competence to perform the point of care tests
7-12 conducted by the individual's place of employment; and
7-13 (2) a clinical laboratory consultant having, at a
7-14 minimum, the qualifications of a clinical laboratory scientist is
7-15 employed by the individual's place of employment to:
7-16 (A) review quality assurance and quality control
7-17 activities;
7-18 (B) assist in appropriate technology selection;
7-19 (C) review proficiency testing; and
7-20 (D) recommend corrective action, if necessary,
7-21 and follow up on those recommendations as appropriate.
7-22 (d) To maintain an exemption under Subsection (c) of this
7-23 section, an individual must provide the board, in a manner
7-24 determined by the board, with documentation of continuing education
7-25 programs the individual completed and information regarding the
7-26 individual's continued competency.
7-27 SECTION 4. LICENSE APPLICATION. (a) An applicant for a
8-1 license under this Act must file a notarized application with the
8-2 board on a form prescribed by the board, accompanied by the
8-3 application fee set by the board. The applicant must specify on
8-4 the form the type of practice for which the applicant seeks a
8-5 license.
8-6 (b) An application must show to the satisfaction of the
8-7 board that the applicant meets the requirements established by this
8-8 Act for a license to practice an occupation regulated under this
8-9 Act.
8-10 (c) Each applicant for a license under this Act must pass an
8-11 examination offered by a national certifying or registering entity.
8-12 In the absence of a national certificate or registration, an
8-13 applicant for a license under this Act must pass a state
8-14 examination adopted by the board.
8-15 (d) The board may not discriminate against an applicant
8-16 based on the applicant's race, color, disability, sex, religion,
8-17 age, or national origin.
8-18 SECTION 5. STANDARDS FOR LICENSE. (a) An applicant for a
8-19 clinical laboratory scientist license must present evidence
8-20 satisfactory to the board of completion of an accredited clinical
8-21 laboratory science program and be certified by the state or a
8-22 national certifying or registering entity in the clinical
8-23 laboratory sciences. The applicant must hold a baccalaureate
8-24 degree from an accredited institution of higher education in
8-25 medical technology, clinical laboratory science, or in the
8-26 chemical, physical, or biological sciences or a baccalaureate
8-27 degree with the appropriate prerequisites for a medical technology
9-1 program. The educational program must include appropriate clinical
9-2 education and must be accredited in clinical laboratory science or
9-3 medical technology by an entity recognized by the board.
9-4 (b) An applicant for a categorical clinical laboratory
9-5 scientist license must be certified by the state or a national
9-6 certifying or registering entity in a specified discipline of
9-7 clinical laboratory practice or a related health care field by an
9-8 entity recognized by the board. The applicant must hold a
9-9 baccalaureate degree in the chemical, physical, or biological
9-10 sciences from an accredited institution of higher education or a
9-11 baccalaureate degree with the prerequisites for a specialized
9-12 program and must have appropriate clinical experience in a
9-13 specified discipline of clinical laboratory practice. The board
9-14 may issue a categorical clinical laboratory scientist license in a
9-15 specified discipline of practice designated by the board,
9-16 including:
9-17 (1) chemistry;
9-18 (2) hematology;
9-19 (3) microbiology;
9-20 (4) immunology;
9-21 (5) immunohematology; or
9-22 (6) cytogenetics.
9-23 (c) An applicant for a clinical laboratory technician
9-24 license must meet the implementation date requirements under
9-25 federal regulations governing clinical laboratories, must be
9-26 certified or registered in clinical laboratory sciences by the
9-27 state or a national certifying or registering agency, and must
10-1 present evidence satisfactory to the board of:
10-2 (1) completion of an associate degree in medical
10-3 laboratory technology or in the chemical or biological sciences
10-4 conferred by an accredited institution of higher education
10-5 recognized by the United States Department of Education and
10-6 successful completion of an accredited clinical laboratory science
10-7 program in medical laboratory technology, successful completion of
10-8 an accredited clinical laboratory science program as a medical
10-9 laboratory technician, or the equivalent; or
10-10 (2) an associate degree in laboratory science or in
10-11 the chemical or biological sciences conferred by an accredited
10-12 institution of higher education and successful completion of an
10-13 official military medical laboratory procedures course of not less
10-14 than 50 weeks and attainment of the military enlisted occupation
10-15 specialty of ML specialist.
10-16 (d) An applicant for a clinical laboratory assistant license
10-17 must, in addition to meeting other requirements adopted by the
10-18 board, present evidence satisfactory to the board of having a high
10-19 school diploma or its equivalent and one of the following
10-20 qualifications:
10-21 (1) successful completion of a laboratory technician
10-22 training program in an accredited school, including a clinical
10-23 laboratory assistant or medical laboratory technician certificate
10-24 program;
10-25 (2) successful completion of an official military
10-26 medical laboratory procedures course of not less than 50 weeks and
10-27 attainment of the military enlisted occupation specialty of ML
11-1 specialist; or
11-2 (3) successful completion of training and
11-3 documentation in basic laboratory science as determined by the
11-4 board.
11-5 (e) An applicant for a cytotechnologist license must present
11-6 evidence satisfactory to the board of successful completion of an
11-7 accredited cytotechnology program, be certified by the state or by
11-8 a national certifying or registering entity in cytotechnology, have
11-9 a baccalaureate degree from an accredited institution of higher
11-10 education with 20 semester hours or the equivalent in biological
11-11 science, eight semester hours or the equivalent in chemistry, and
11-12 three semester hours or the equivalent in mathematics, and have
11-13 successfully completed a 12-month accredited cytotechnology
11-14 program.
11-15 (f) An applicant for a histotechnologist license must
11-16 present evidence satisfactory to the board of having a
11-17 baccalaureate degree from an accredited institution of higher
11-18 education with a combination of 30 semester hours or the equivalent
11-19 in biology and chemistry and one of the following qualifications:
11-20 (1) successful completion of an accredited
11-21 histotechnology program and certification by the state or a
11-22 national certifying or registering entity in histotechnology; or
11-23 (2) one year of full-time acceptable experience in a
11-24 histopathology laboratory within the 10 years before the date of
11-25 the application and certification by a national certifying or
11-26 registering entity in histotechnology.
11-27 (g) An applicant for a histologic technician license must be
12-1 certified as a histologic technician by the state or a national
12-2 certifying or registering entity and present evidence satisfactory
12-3 to the department of having two years of full-time acceptable
12-4 experience in histopathology under the supervision of a
12-5 histotechnologist or a licensed physician certified in anatomic
12-6 pathology by the American Board of Pathology or the American
12-7 Osteopathic Board of Pathology that is completed on or before
12-8 September 1, 1999, and one of the following qualifications:
12-9 (1) successful completion of an accredited
12-10 histotechnology program or an associate degree consisting of not
12-11 fewer than 60 semester hours or the equivalent from an accredited
12-12 institution of higher education with a combination of 12 semester
12-13 hours or the equivalent in biology and chemistry; or
12-14 (2) a high school diploma or its equivalent.
12-15 (h) After September 1, 1999, an applicant for a histologic
12-16 technician certificate must have an associate degree from an
12-17 accredited institution of higher education for successful
12-18 completion of an accredited histotechnology program or acceptable
12-19 experience in histopathology as provided by Subsection (g) of this
12-20 section.
12-21 SECTION 6. LICENSE ISSUANCE. (a) The board shall issue an
12-22 appropriate license to a person who possesses the necessary
12-23 qualifications, submits an application in the form prescribed by
12-24 the board, passes the appropriate examination, and pays the
12-25 required fees.
12-26 (b) A license issued under this Act is valid throughout this
12-27 state but is not assignable or transferable.
13-1 (c) A license holder shall keep the board informed of the
13-2 current address of the license holder.
13-3 SECTION 7. PROVISIONAL LICENSE. (a) The board may grant an
13-4 appropriate provisional license to an applicant, without compliance
13-5 with any examination requirements, on submission to the board by
13-6 the applicant of an application in the form prescribed by the board
13-7 and payment of the required fees if:
13-8 (1) the individual is licensed, certified, or
13-9 registered as a clinical laboratory science practitioner by another
13-10 state, the District of Columbia, or a commonwealth or territory of
13-11 the United States and is in good standing with the licensing body;
13-12 (2) the requirements for licensing, certification, or
13-13 registration in the other jurisdiction as of the date of the
13-14 licensing, certification, or registration were substantially equal
13-15 to those prescribed by this Act; and
13-16 (3) the individual passed a required examination for a
13-17 license, certificate, or registration in that jurisdiction or a
13-18 national or state examination recognized by the board relating to
13-19 clinical laboratory practitioners.
13-20 (b) A provisional license is valid until the date the board
13-21 approves or denies the provisional license holder's application for
13-22 a license. The board shall issue a license under this Act to the
13-23 holder of a provisional license under this section if:
13-24 (1) the provisional license holder has passed the
13-25 national or state examination;
13-26 (2) the requirements for licensing, certification, or
13-27 registration in the other jurisdiction as of the date of the
14-1 licensing, certification, or registration were substantially equal
14-2 to those prescribed by this Act;
14-3 (3) the board verifies that the provisional license
14-4 holder has the academic, training, and experience requirements for
14-5 a license under this Act; and
14-6 (4) the provisional license holder satisfies any other
14-7 license requirements under this Act.
14-8 (c) The board must complete the processing of a provisional
14-9 license holder's application for a license not later than the 180th
14-10 day after the date the provisional license is issued. The board
14-11 may extend the 180-day deadline to allow for receipt of
14-12 information.
14-13 (d) The board shall adopt rules with respect to individuals
14-14 who hold valid licenses or license equivalents in other countries.
14-15 (e) The board shall adopt rules for a provisional license
14-16 for individuals who were certified or registered before 1988 by a
14-17 national certifying or registering entity and who do not possess
14-18 the educational requirements prescribed by this Act.
14-19 SECTION 8. TEMPORARY LICENSE. The board may issue a
14-20 temporary license to an individual who has not passed an
14-21 examination offered by the state or by a national certifying or
14-22 registering agency required under this Act but who applies on a
14-23 form prescribed by the board, pays the appropriate fees, and meets
14-24 the educational requirements for a license. The board shall issue
14-25 a temporary license in the category in which the applicant is
14-26 qualified. A temporary license is valid for one year beginning on
14-27 the date of issuance and may be renewed once at the discretion of
15-1 the board.
15-2 SECTION 9. LICENSE RENEWAL. (a) Except as provided by
15-3 Sections 7 and 8 of this Act, the board by rule shall determine the
15-4 expiration dates of licenses issued under this Act. A license
15-5 holder who meets the appropriate continuing education requirements
15-6 established under this Act may renew an unexpired certificate by
15-7 paying a renewal fee set by the board in accordance with Section 10
15-8 of this Act and by complying with the rules of the board.
15-9 (b) The board shall notify each license holder by sending
15-10 written notice to the license holder's last known address of the
15-11 pending license expiration not later than the 30th day before the
15-12 date on which the license expires.
15-13 (c) If an individual's license has been expired for 90 days
15-14 or less, the individual may renew the license by paying to the
15-15 board the required renewal fee and a fee that is one-half of the
15-16 examination fee for the license.
15-17 (d) If an individual's license has been expired for longer
15-18 than 90 days but less than one year, the individual may renew the
15-19 license by paying to the board all unpaid renewal fees and a fee
15-20 that is equal to the examination fee for the license.
15-21 (e) If an individual's license has been expired for one year
15-22 or longer, the individual may not renew the license. The
15-23 individual may obtain a new license by complying with the
15-24 requirements and procedures for obtaining an original license.
15-25 However, the board may renew, without reexamination, the expired
15-26 license of an individual who was licensed in this state, moved to
15-27 another state, and has been in practice in the other state for the
16-1 two years preceding the application. The individual must pay the
16-2 board a fee that is equal to the examination fee for the license.
16-3 SECTION 10. FEES. (a) The board shall set fees for
16-4 licenses, license renewals, state examinations, and all other
16-5 expenses related to the licensing activities under this Act.
16-6 (b) The board shall set the fees in amounts that are
16-7 reasonable and necessary to cover the costs of administering this
16-8 Act.
16-9 (c) Fees received under this Act shall be deposited in the
16-10 state treasury to the credit of a special account of the general
16-11 revenue fund and may be appropriated to the department or board
16-12 only for the administration of this Act.
16-13 SECTION 11. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE;
16-14 CIVIL PENALTY. (a) The board may deny, suspend, or revoke a
16-15 license, place a license holder on probation, or otherwise
16-16 discipline a license holder if the applicant for a license or the
16-17 license holder has:
16-18 (1) obtained or attempted to obtain a license by fraud
16-19 or deception;
16-20 (2) performed, or represented the applicant as
16-21 entitled to perform, a procedure not authorized by the individual's
16-22 license;
16-23 (3) falsified or misrepresented clinical test results;
16-24 (4) violated this Act or a rule or a provision of the
16-25 code of professional ethics adopted under this Act;
16-26 (5) violated any other state or federal statutory
16-27 provision relating to the operation of a clinical laboratory;
17-1 (6) used drugs or intoxicating liquors to an extent
17-2 that affects professional competence;
17-3 (7) been grossly negligent in performing professional
17-4 duties;
17-5 (8) been adjudicated mentally incompetent by a court
17-6 of competent jurisdiction;
17-7 (9) practiced in a manner detrimental to the public
17-8 health or welfare;
17-9 (10) had an equivalent license, certification, or
17-10 registration suspended or revoked, been denied a license, or
17-11 otherwise subjected to disciplinary action by the proper regulatory
17-12 authority of another jurisdiction or by a licensing, certifying, or
17-13 registering professional organization;
17-14 (11) failed to meet or maintain the minimum
17-15 eligibility standards for a license under this Act;
17-16 (12) been convicted of a felony or a misdemeanor
17-17 involving moral turpitude; or
17-18 (13) advertised in a manner that tends to deceive or
17-19 defraud the public.
17-20 (b) A person who violates this Act or a rule or order
17-21 adopted by the board under this Act is subject to a civil penalty
17-22 of $1,000 for each day of violation. At the request of the board
17-23 or department, the attorney general shall bring action to recover a
17-24 civil penalty authorized under this subsection.
17-25 (c) If a license suspension is probated, the board may
17-26 require the license holder to:
17-27 (1) report regularly to the board on matters that are
18-1 the basis of the probation;
18-2 (2) limit practice to the area prescribed by the
18-3 board; or
18-4 (3) continue or review continuing professional
18-5 education until the license holder attains a degree of skill
18-6 satisfactory to the board in those areas that are the basis of the
18-7 probation.
18-8 (d) A license holder is entitled to a hearing before the
18-9 State Office of Administrative Hearings before a sanction is
18-10 imposed under this section.
18-11 (e) The board by rule shall adopt a schedule of sanctions
18-12 for violations under this Act. The State Office of Administrative
18-13 Hearings shall use the schedule for any sanction imposed as the
18-14 result of a hearing conducted by that office.
18-15 SECTION 12. ADMINISTRATIVE PENALTY. (a) The commissioner
18-16 of health may impose an administrative penalty against a person
18-17 licensed or regulated under this Act who violates this Act or a
18-18 rule or order adopted by the board under this Act.
18-19 (b) The penalty for a violation may be in an amount not to
18-20 exceed $1,000 for each day of each violation. Each day a violation
18-21 continues or occurs is a separate violation for purposes of
18-22 imposing a penalty.
18-23 (c) The amount of the penalty, to the extent possible, shall
18-24 be based on:
18-25 (1) the seriousness of the violation, including the
18-26 nature, circumstances, extent, and gravity of any prohibited acts,
18-27 and the hazard or potential hazard created to the health, safety,
19-1 or economic welfare of the public;
19-2 (2) the economic harm to property or the environment
19-3 caused by the violation;
19-4 (3) the history of previous violations;
19-5 (4) the amount necessary to deter future violations;
19-6 (5) efforts to correct the violation; and
19-7 (6) any other matter that justice may require.
19-8 (d) The commissioner of health, on determination that a
19-9 violation has occurred, may issue to the board a report that states
19-10 the facts on which the determination is based and the
19-11 commissioner's recommendation on the imposition of a penalty,
19-12 including a recommendation on the amount of the penalty.
19-13 (e) Within 14 days after the date the report is approved by
19-14 the board and issued, the commissioner shall give written notice of
19-15 the report to the person. The notice shall be given by certified
19-16 mail. The notice must include a brief summary of the alleged
19-17 violation and a statement of the amount of the recommended penalty
19-18 and must inform the person that the person has a right to a hearing
19-19 on the occurrence of the violation, the amount of the penalty, or
19-20 both the occurrence of the violation and the amount of the penalty.
19-21 (f) Within 20 days after the date the person receives the
19-22 notice, the person in writing may accept the determination and
19-23 recommended penalty of the commissioner or may make a written
19-24 request for a hearing on the occurrence of the violation, the
19-25 amount of the penalty, or both the occurrence of the violation and
19-26 the amount of the penalty.
19-27 (g) If the person accepts the determination and recommended
20-1 penalty of the commissioner, the board by order shall approve the
20-2 determination and impose the recommended penalty.
20-3 (h) If the person requests a hearing or fails to respond in
20-4 a timely manner to the notice, the department shall set a hearing
20-5 and give notice of the hearing to the person. The hearing shall be
20-6 held by a hearings examiner designated by the department. The
20-7 hearings examiner shall make findings of fact and conclusions of
20-8 law and promptly shall issue to the board a proposal for a decision
20-9 about the occurrence of the violation and the amount of a proposed
20-10 penalty. Based on the findings of fact, conclusions of law, and
20-11 any proposal for a decision, the board by order may find that a
20-12 violation has occurred and impose a penalty or may find that no
20-13 violation occurred.
20-14 (i) The notice of the board's order given to the person
20-15 under Chapter 2001, Government Code, must include a statement of
20-16 the right of the person to judicial review of the order.
20-17 (j) Within 30 days after the date the board's order is final
20-18 as provided by Section 2001.144, Government Code, the person shall:
20-19 (1) pay the amount of the penalty;
20-20 (2) pay the amount of the penalty and file a petition
20-21 for judicial review contesting the occurrence of the violation, the
20-22 amount of the penalty, or both the occurrence of the violation and
20-23 the amount of the penalty; or
20-24 (3) without paying the amount of the penalty, file a
20-25 petition for judicial review contesting the occurrence of the
20-26 violation, the amount of the penalty, or both the occurrence of the
20-27 violation and the amount of the penalty.
21-1 (k) Within the 30-day period, a person who acts under
21-2 Subsection (j)(3) of this section may:
21-3 (1) stay enforcement of the penalty by:
21-4 (A) paying the amount of the penalty to the
21-5 court for placement in an escrow account; or
21-6 (B) giving to the court a supersedeas bond
21-7 approved by the court for the amount of the penalty and that is
21-8 effective until all judicial review of the board's order is final;
21-9 or
21-10 (2) request the court to stay enforcement of the
21-11 penalty by:
21-12 (A) filing with the court a sworn affidavit of
21-13 the person stating that the person is financially unable to pay the
21-14 amount of the penalty and is financially unable to give the
21-15 supersedeas bond; and
21-16 (B) giving a copy of the affidavit to the
21-17 executive director by certified mail.
21-18 (l) If the commissioner of health receives a copy of an
21-19 affidavit under Subsection (k)(2) of this section, the commissioner
21-20 may file with the court, within five days after the date the copy
21-21 is received, a contest to the affidavit. The court shall hold a
21-22 hearing on the facts alleged in the affidavit as soon as
21-23 practicable and shall stay the enforcement of the penalty on
21-24 finding that the alleged facts are true. The person who files an
21-25 affidavit has the burden of proving that the person is financially
21-26 unable to pay the amount of the penalty and to give a supersedeas
21-27 bond.
22-1 (m) If the person does not pay the amount of the penalty and
22-2 the enforcement of the penalty is not stayed, the commissioner of
22-3 health may refer the matter to the attorney general for collection
22-4 of the amount of the penalty.
22-5 (n) Judicial review of the order of the board:
22-6 (1) is instituted by filing a petition as provided by
22-7 Subchapter G, Chapter 2001, Government Code; and
22-8 (2) is under the substantial evidence rule.
22-9 (o) If the court sustains the occurrence of the violation,
22-10 the court may uphold or reduce the amount of the penalty and order
22-11 the person to pay the full or reduced amount of the penalty. If
22-12 the court does not sustain the occurrence of the violation, the
22-13 court shall order that no penalty is owed.
22-14 (p) When the judgment of the court becomes final, the court
22-15 shall proceed under this subsection. If the person paid the amount
22-16 of the penalty and if that amount is reduced or is not upheld by
22-17 the court, the court shall order that the appropriate amount plus
22-18 accrued interest be remitted to the person. The rate of the
22-19 interest is the rate charged on loans to depository institutions by
22-20 the New York Federal Reserve Bank, and the interest shall be paid
22-21 for the period beginning on the date the penalty was paid and
22-22 ending on the date the penalty is remitted. If the person gave a
22-23 supersedeas bond and if the amount of the penalty is not upheld by
22-24 the court, the court shall order the release of the bond. If the
22-25 person gave a supersedeas bond and if the amount of the penalty is
22-26 reduced, the court shall order the release of the bond after the
22-27 person pays the amount.
23-1 (q) A penalty collected under this section shall be remitted
23-2 to the comptroller for deposit in the general revenue fund.
23-3 (r) All proceedings under this section are subject to
23-4 Chapter 2001, Government Code.
23-5 SECTION 13. BOARD. (a) The Texas State Board of Examiners
23-6 for Clinical Laboratory Science Practitioners is composed of nine
23-7 members, appointed by the governor, as follows:
23-8 (1) three public members;
23-9 (2) one physician certified as a pathologist by a
23-10 nationally recognized board of pathologists or osteopathic
23-11 pathologists;
23-12 (3) three individuals who are eligible for a license
23-13 under this Act as clinical laboratory scientists, categorical
23-14 clinical laboratory scientists, cytotechnologists, or
23-15 histotechnologists and who are not employed in an accredited
23-16 clinical laboratory science educational program;
23-17 (4) one individual who is eligible for a license under
23-18 this Act as a clinical laboratory scientist, a categorical clinical
23-19 laboratory scientist, cytotechnologist, or histotechnologist and
23-20 who is employed in an accredited clinical laboratory science
23-21 educational program; and
23-22 (5) one individual eligible for a license under this
23-23 Act as a clinical laboratory technician or histologic technician.
23-24 (b) The governor shall make appointments to the board from
23-25 lists submitted by appropriate professional organizations or
23-26 individuals.
23-27 (c) Appointments to the board shall be made without regard
24-1 to the race, color, disability, sex, religion, age, or national
24-2 origin of the appointee.
24-3 (d) Members of the board serve for staggered six-year terms,
24-4 with three members' terms expiring February 1 of each odd-numbered
24-5 year. In the event of a vacancy during a term, the governor shall
24-6 appoint a replacement who meets the qualifications of the vacated
24-7 office to fill the unexpired portion of the term.
24-8 (e) A member of the board may not receive compensation for
24-9 serving as a member of the board. A member is entitled to receive
24-10 the state per diem and travel allowance as authorized by the
24-11 General Appropriations Act for performing functions as a member of
24-12 the board.
24-13 (f) The board shall elect a presiding officer and other
24-14 officers from among its members who shall serve as provided by
24-15 board rules. This election shall be conducted at the board meeting
24-16 held closest to August 31 of each year. The board shall meet as
24-17 often as necessary to transact its business.
24-18 (g) The board may adopt rules for the conduct of its
24-19 activities.
24-20 (h) A member of the board is not liable to civil action for
24-21 any act performed in good faith in the execution of duties as a
24-22 board member.
24-23 (i) The board is subject to Chapters 552 and 2001,
24-24 Government Code.
24-25 SECTION 14. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP,
24-26 AND EMPLOYMENT. (a) A member of the board or an employee of the
24-27 department who performs functions for the board may not communicate
25-1 directly or indirectly with a party or the party's representative
25-2 to a proceeding pending before the board if the member or employee
25-3 is assigned to make a decision, a finding of fact, or a conclusion
25-4 of law in the proceeding unless notice and an opportunity to
25-5 participate are given to each party to the proceeding.
25-6 (b) An officer, employee, or paid consultant of a Texas
25-7 trade or professional association in the field of health care may
25-8 not be a board member or an employee of the department who is
25-9 exempt from the state's position classification plan or is
25-10 compensated at or above the amount prescribed by the General
25-11 Appropriations Act for step 1, salary group 17, of the position
25-12 classification salary schedule.
25-13 (c) A person who is the spouse of an officer, manager, or
25-14 paid consultant of a Texas trade or professional association in the
25-15 field of health care may not be a board member and may not be an
25-16 employee of the department who is exempt from the state's position
25-17 classification plan or is compensated at or above the amount
25-18 prescribed by the General Appropriations Act for step 1, salary
25-19 group 17, of the position classification salary schedule.
25-20 (d) For the purposes of this section, a Texas trade or
25-21 professional association is a nonprofit, cooperative, and
25-22 voluntarily joined association of business or professional
25-23 competitors in this state designed to assist its members and its
25-24 industry or profession in dealing with mutual business or
25-25 professional problems and in promoting their common interest.
25-26 (e) A person may not serve as a member of the board or act
25-27 as general counsel to the board if the person is required to
26-1 register as a lobbyist under Chapter 305, Government Code, because
26-2 of the person's activities for compensation on behalf of a
26-3 profession related to the operation of the board.
26-4 (f) A person is not eligible for appointment as a public
26-5 member of the board if the person or the person's spouse:
26-6 (1) is registered, certified, or licensed by an
26-7 occupational regulatory agency in the field of health care;
26-8 (2) is employed by or participates in the management
26-9 of a business entity or other organization that provides health
26-10 care services or that sells, manufactures, or distributes health
26-11 care supplies or equipment regulated by the board or receiving
26-12 funds from the board;
26-13 (3) owns or controls, directly or indirectly, more
26-14 than a 10 percent interest in a business entity or other
26-15 organization that provides health care services or that sells,
26-16 manufactures, or distributes health care supplies or equipment
26-17 regulated by the board or receiving funds from the board; or
26-18 (4) uses or receives a substantial amount of tangible
26-19 goods, services, or funds from the board, other than compensation
26-20 or reimbursement authorized by law for board membership,
26-21 attendance, or expenses.
26-22 (g) Individuals who practice at the same clinical laboratory
26-23 or who are employed by the same laboratory holding company may not
26-24 serve on the board concurrently.
26-25 SECTION 15. REMOVAL OF BOARD MEMBERS. (a) It is a ground
26-26 for removal from the board if a member:
26-27 (1) does not have at the time of appointment the
27-1 qualifications required for appointment to the board;
27-2 (2) does not maintain during service on the board the
27-3 qualifications required for appointment to the board;
27-4 (3) is absent from more than half of the meetings that
27-5 the member is eligible to attend during a calendar year unless the
27-6 absence is excused by a majority vote of the board;
27-7 (4) violates a prohibition established by this Act; or
27-8 (5) cannot discharge the member's duties for a
27-9 substantial part of the term for which the member is appointed
27-10 because of illness or disability.
27-11 (b) The validity of an action of the board is not affected
27-12 by the fact that it is taken when a ground for removal of a board
27-13 member exists.
27-14 (c) If the executive director of the board has knowledge
27-15 that a potential ground for removal exists, the executive director
27-16 shall notify the presiding officer of the board of the ground. The
27-17 presiding officer shall then notify the governor that potential
27-18 ground for removal exists.
27-19 SECTION 16. BOARD POWERS AND DUTIES. (a) The board by rule
27-20 shall:
27-21 (1) establish the qualifications and fitness of
27-22 applicants for a license under this Act;
27-23 (2) establish requirements for trainee status under
27-24 this Act;
27-25 (3) establish requirements relating to inactive
27-26 practitioners;
27-27 (4) accept entities that offer national certification
28-1 or registration of individuals who perform clinical laboratory
28-2 testing;
28-3 (5) maintain a list of clinical laboratory science
28-4 practitioners who hold licenses under this Act and a list of all
28-5 individuals whose licenses have been suspended, revoked, or denied;
28-6 and
28-7 (6) adopt a code of professional ethics for persons
28-8 licensed under this Act.
28-9 (b) The board may require other evidence of competency it
28-10 considers reasonably appropriate as a prerequisite to the initial
28-11 granting or renewal of any license provided for by this Act if the
28-12 requirement is uniform as to application, related to the
28-13 measurement of qualification, performance, or competence, and
28-14 desirable and necessary for the protection of the public health.
28-15 (c) The board shall establish the amount and type of
28-16 mandatory continuing education required for license renewal. The
28-17 board may assess the continuing education needs of license holders
28-18 and may require license holders to take continuing education
28-19 courses specified by the board.
28-20 (d) The board shall identify the key factors for the
28-21 competent performance by a license holder of the license holder's
28-22 professional duties. The board shall implement a procedure to
28-23 assess a license holder's participation in continuing education
28-24 programs.
28-25 (e) The board may adopt other rules necessary to administer
28-26 this Act.
28-27 (f) The board shall develop and implement policies that
29-1 clearly define the respective responsibilities of the board and the
29-2 staff of the board.
29-3 SECTION 17. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
29-4 Each board member shall comply with the board member training
29-5 requirements established by any other state agency that is given
29-6 authority to establish the requirements for the board.
29-7 (b) The board shall provide to its members and employees, as
29-8 often as necessary, information regarding their qualifications for
29-9 office or employment under this Act and their responsibilities
29-10 under applicable laws relating to standards of conduct for state
29-11 officers or employees.
29-12 SECTION 18. TRAINING AND GUIDELINES FOR MEMBERS OF BOARD.
29-13 (a) The board shall establish a training program for the members
29-14 of the board.
29-15 (b) Before a member of the board may assume the member's
29-16 duties, the member must complete at least one course of the
29-17 training program established under this section.
29-18 (c) A training program established under this section shall
29-19 provide to a participant information regarding:
29-20 (1) the enabling legislation that created the board to
29-21 which the member is appointed;
29-22 (2) the programs operated by the board;
29-23 (3) the role and function of the board;
29-24 (4) the rules of the board with emphasis on rules that
29-25 relate to disciplinary and investigatory authority;
29-26 (5) the current budget for the board;
29-27 (6) the results of the most recent formal audit of the
30-1 board;
30-2 (7) the requirements of:
30-3 (A) the open meetings law, Chapter 551,
30-4 Government Code;
30-5 (B) the open records law, Chapter 552,
30-6 Government Code;
30-7 (C) the Administrative Procedure Act, Chapter
30-8 2001, Government Code; and
30-9 (D) Chapter 2002, Government Code;
30-10 (8) the requirements of conflict of interest laws and
30-11 other laws relating to public officials; and
30-12 (9) any applicable ethics policies adopted by the
30-13 board or the Texas Ethics Commission.
30-14 (d) In developing the training requirements provided by this
30-15 section, the board shall consult with the governor's office, the
30-16 attorney general's office, and the Texas Ethics Commission.
30-17 (e) If another state agency or entity is given the authority
30-18 to establish the training requirements, the board shall allow that
30-19 training in lieu of developing its own program.
30-20 SECTION 19. ADMINISTRATION; EXECUTIVE DIRECTOR; PERSONNEL.
30-21 (a) This Act shall be administered by the department.
30-22 (b) The commissioner of health shall appoint an executive
30-23 director for the board after consultation with the board members.
30-24 The executive director must be an employee of the department.
30-25 (c) The executive director shall administer the licensing
30-26 activities conducted under this Act as directed by the board or the
30-27 commissioner of health.
31-1 (d) The basic personnel and necessary facilities that are
31-2 required to administer this Act shall be designated by the
31-3 commissioner of health and made available to the board for the
31-4 efficient administration of its duties. The department shall
31-5 secure by agreement services that are necessary and provide for
31-6 compensation for those services, and may employ and compensate,
31-7 within available appropriations, the professional consultants,
31-8 technical assistants, and employees on a full-time or part-time
31-9 basis as necessary to administer this Act.
31-10 SECTION 20. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)
31-11 The board shall prepare information of public interest describing
31-12 the functions of the board and the procedures by which complaints
31-13 are filed with and resolved by the board. The board shall make the
31-14 information available to the public and appropriate state agencies.
31-15 (b) The board shall keep an information file about each
31-16 complaint filed with the board. The board's information file shall
31-17 be kept current and contain for each complaint a record of:
31-18 (1) all persons contacted in relation to the
31-19 complaint;
31-20 (2) a summary of findings made at each step of the
31-21 complaint process;
31-22 (3) an explanation of the legal basis and reason for a
31-23 complaint that is dismissed; and
31-24 (4) other relevant information.
31-25 (c) If a written complaint that the board has authority to
31-26 resolve is filed with the board, the board, at least quarterly and
31-27 until final disposition of the complaint, shall notify the parties
32-1 to the complaint of the status of the complaint unless notice would
32-2 jeopardize an undercover investigation.
32-3 (d) The board by rule shall adopt a form to standardize
32-4 information concerning complaints made to the board. The board by
32-5 rule shall prescribe information to be provided to a person when
32-6 the person files a complaint with the board.
32-7 (e) The board shall provide reasonable assistance to a
32-8 person who wishes to file a complaint with the board.
32-9 (f) The board shall develop and implement policies that
32-10 provide the public with a reasonable opportunity to appear before
32-11 the board and to speak on an issue under the jurisdiction of the
32-12 board.
32-13 (g) The board by rule shall establish methods by which
32-14 consumers and service recipients are notified of the name, mailing
32-15 address, and telephone number of the board for the purpose of
32-16 directing complaints to the board. The board may provide for that
32-17 notification:
32-18 (1) on each registration form, application, or written
32-19 contract for services of an individual or entity regulated by the
32-20 board; or
32-21 (2) on a sign prominently displayed in the place of
32-22 business of each individual or entity regulated by the board.
32-23 (h) The board shall list along with its regular telephone
32-24 number a toll-free telephone number that may be called to present a
32-25 complaint about a license holder if the toll-free number is
32-26 established under other state law.
32-27 SECTION 21. COMPLAINT INVESTIGATION AND DISPOSITION. (a)
33-1 The board shall adopt rules concerning the investigation of a
33-2 complaint filed with the board. The rules adopted under this
33-3 subsection shall:
33-4 (1) distinguish between categories of complaints;
33-5 (2) ensure that complaints are not dismissed without
33-6 appropriate consideration;
33-7 (3) require that the board be advised of a complaint
33-8 that is dismissed and that a letter be sent to the person who filed
33-9 the complaint explaining the action taken on the dismissed
33-10 complaint;
33-11 (4) ensure that the person who filed the complaint has
33-12 an opportunity to explain the allegations made in the complaint;
33-13 and
33-14 (5) prescribe guidelines concerning the categories of
33-15 complaints that require the use of a private investigator and the
33-16 procedures for the board to obtain the services of a private
33-17 investigator.
33-18 (b) The board shall dispose of all complaints in a timely
33-19 manner. The board shall establish a schedule for conducting each
33-20 phase of a complaint that is under the control of the board not
33-21 later than the 30th day after the date the complaint is received by
33-22 the board. The schedule shall be kept in the information file for
33-23 the complaint and all parties shall be notified of the projected
33-24 time requirements for pursuing the complaint. A change in the
33-25 schedule must be noted in the complaint information file and all
33-26 parties to the complaint must be notified not later than the
33-27 seventh day after the date the change is made.
34-1 (c) The executive director of the board shall notify the
34-2 board of a complaint that extends beyond the time prescribed by the
34-3 board for resolving the complaint so that the board may take
34-4 necessary action on the complaint.
34-5 SECTION 22. INFORMAL PROCEEDINGS. (a) The board by rule
34-6 shall adopt procedures governing:
34-7 (1) informal disposition of a contested case under
34-8 Section 2001.056, Government Code; and
34-9 (2) informal proceedings held in compliance with
34-10 Section 2001.054, Government Code.
34-11 (b) Rules adopted under this section must provide the
34-12 complainant and the license holder an opportunity to be heard and
34-13 must require the presence of an attorney to advise the board or the
34-14 board's employees. The attorney must be a member of the board's
34-15 legal staff if the board has a legal staff. If the board does not
34-16 have a legal staff, the attorney must be an employee of the office
34-17 of the attorney general.
34-18 SECTION 23. MONITORING OF LICENSE HOLDER. (a) The board by
34-19 rule shall develop a system for monitoring each license holder's
34-20 compliance with the requirements of this Act.
34-21 (b) Rules adopted under this section shall include
34-22 procedures for monitoring a license holder who is ordered by the
34-23 board to perform certain acts, to ascertain that the license
34-24 holders are performing required acts, and to identify and monitor
34-25 license holders who represent a risk to the public.
34-26 SECTION 24. CRIMINAL PENALTY. (a) A person commits an
34-27 offense if the individual knowingly or intentionally performs a
35-1 clinical test without holding the appropriate license issued under
35-2 this Act.
35-3 (b) An offense under this section is a Class B misdemeanor.
35-4 SECTION 25. SUNSET PROVISION. The Texas State Board of
35-5 Examiners for Clinical Laboratory Science Practitioners is subject
35-6 to Chapter 325, Government Code (Texas Sunset Act). Unless
35-7 continued in existence as provided by that chapter, the board is
35-8 abolished and this Act expires September 1, 2007.
35-9 SECTION 26. INITIAL APPOINTMENTS. In making the initial
35-10 appointments to the board, the governor shall designate:
35-11 (1) three members for terms expiring in 1997,
35-12 including one public member, one member eligible for a license as a
35-13 clinical laboratory technician or histologic technician, and one
35-14 pathologist;
35-15 (2) three members for terms expiring in 1999,
35-16 including one public member and two members eligible for a license
35-17 under this Act as a clinical laboratory scientist, categorical
35-18 clinical laboratory scientist, cytotechnologist, or
35-19 histotechnologist, who are not employed in an accredited clinical
35-20 laboratory science educational program; and
35-21 (3) three members for terms expiring in 2001,
35-22 including one public member, one member eligible for a license
35-23 under this Act as a clinical laboratory scientist, categorical
35-24 clinical laboratory scientist, cytotechnologist, or
35-25 histotechnologist, who is not employed in an accredited clinical
35-26 laboratory science educational program, and one member eligible for
35-27 a license under this Act as a clinical laboratory scientist,
36-1 categorical clinical laboratory scientist, cytotechnologist, or
36-2 histotechnologist, who is employed in an accredited clinical
36-3 laboratory science educational program.
36-4 SECTION 27. EFFECTIVE DATE. Except as provided by Section
36-5 28 of this Act, this Act takes effect September 1, 1995.
36-6 SECTION 28. EFFECTIVE DATE FOR CERTAIN REQUIREMENTS. (a)
36-7 An individual is not required to obtain a license under this Act
36-8 until September 1, 1997.
36-9 (b) An individual licensed under this Act is not required to
36-10 participate in continuing education to renew a license until
36-11 September 1, 1998.
36-12 (c) An individual who, on September 1, 1995, is certified as
36-13 a clinical laboratory science practitioner by a national certifying
36-14 or registering entity is entitled to the appropriate license
36-15 without further examination if the individual is qualified for a
36-16 license as stated in this Act, applies for the license not later
36-17 than September 1, 1997, and pays the required application and
36-18 license fees.
36-19 (d) The board shall grant an appropriate license, as
36-20 determined by the board and based on the individual's national
36-21 certification or registration, without further examination to an
36-22 individual who has a high school diploma or its equivalent but does
36-23 not meet the education, training, and experiential requirements for
36-24 a license stated in this Act if the individual:
36-25 (1) applies for the license not later than September
36-26 1, 1997, and pays the required fees; and
36-27 (2) is certified or registered as of September 1,
37-1 1995, by a national certifying or registering entity recognized by
37-2 the board or previously qualified as a clinical laboratory science
37-3 practitioner under federal regulations, including 42 C.F.R. Sec.
37-4 493.1441, on or before February 28, 1992.
37-5 (e) In the absence of a national certification, an
37-6 individual:
37-7 (1) who has passed a proficiency examination given by
37-8 the United States Department of Health and Human Services before
37-9 September 1, 1995, shall be licensed by the board at the level of a
37-10 clinical laboratory scientist; or
37-11 (2) who has documentation of acceptable levels of
37-12 education, training, and experience completed before September 1,
37-13 1995, presented in accordance with board rule, may be certified at
37-14 the level determined by the board.
37-15 (f) In the absence of a national certification, an
37-16 individual who has a high school diploma or its equivalent and has
37-17 documentation of training appropriate for the clinical laboratory
37-18 test performed shall be licensed as a clinical laboratory
37-19 assistant. An individual licensed under this subsection shall
37-20 obtain an associate's degree between September 1, 1995, and the
37-21 implementation date of the federal regulations that required a
37-22 license holder to have at least an associate's degree. An
37-23 individual licensed under this subsection must practice under the
37-24 supervision of a licensed physician or a clinical laboratory
37-25 scientist.
37-26 (g) After September 1, 1997, each applicant for
37-27 certification must meet the requirements of this Act except for
38-1 Subsection (f) of this section.
38-2 SECTION 29. EMERGENCY. The importance of this legislation
38-3 and the crowded condition of the calendars in both houses create an
38-4 emergency and an imperative public necessity that the
38-5 constitutional rule requiring bills to be read on three several
38-6 days in each house be suspended, and this rule is hereby suspended.