By Lucio S.B. No. 1641 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.