SRC-CDH S.B. 943 75(R) BILL ANALYSIS
Senate Research Center S.B. 943
By: Nelson
Health & Human Services
4-22-97
As Filed
DIGEST
The 74th Legislature expanded the power of the Texas Board of Health
(TBH), upon recommendation from the Medical Radiological Technologist
(MRT) Advisory Committee, by giving it statutory authority over all
personnel, including registered nurses and physician assistants, who
perform radiologic procedures; and granting it the authority to determine
dangerous procedures. In addition, the MRT Advisory Committee was given
the authority to mandate training requirements for these personnel and to
determine what procedures these personnel may or may not perform. During
the interim, TBH rejected rules from the MRT Advisory Committee that would
have limited access to necessary radiologic procedures while also raising
the cost for such procedures. The MRT Advisory Committee was asked by TBH
to develop consensus rules; however, the committee again recommended
proposed rules that limited access to care and raised costs.
This legislation would shift the authority to identify dangerous and
hazardous radiologic procedures and regulate the radiologic procedures
which a registered nurse or a licensed physician assistant may perform
from TBH to the respective licensing board of health care providers
supervising and providing radiologic procedures. Additionally, this bill
changes the composition of the MRT Advisory Board to include
representatives from all health care professions involved in the provision
of radiologic procedures, in an effort to encourage greater collaboration
in the approach to rulemaking. S.B. 943 also requires the Texas State
Board of Medical Examiners to adopt standards for mandatory training
guidelines for certain persons who administer radiation for medical
purposes under a physician's direction.
PURPOSE
As proposed, S.B. 943 provides for the regulation of medical radiologic
technologists and other persons who perform radiologic procedures.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Texas State Board of Medical
Examiners in SECTION 4 (Sections 5.04(b) and 5.045(b), Subchapter E,
Article 4495b, V.T.C.S.) and to the Texas Board of Health in SECTION 6(c)
of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2.03, Article 4512m, V.T.C.S. (Medical
Radiologic Technologist Certification Act), by adding Subdivision (17), to
define "physician assistant."
SECTION 2. Amends Subchapter B, Article 4512m, V.T.C.S., by adding Section
2.041, as follows:
Sec. 2.041. ADVISORY COMMITTEE. Requires an advisory committee
established by the Texas Board of Health (TBH) under Section 11.016,
Health and Safety Code, to consist of persons having certain
qualifications.
SECTION 3. Amends Section 2.05, Article 4512m, V.T.C.S., to provide that
this subsection does not apply to a person who administers radiation to
another person for medical purposes if the person, before September 1,
1998, had at least one year of experience in performing radiologic
procedures under the direction, supervision, and authority of a
practitioner. Deletes the provisions requiring TBH, by rule, with the
assistance of other appropriate state agencies, to identify dangerous
radiologic procedures that may only be performed by certain technologists.
Establishes that a person who performs a radiologic procedure in
compliance with the procedures adopted under Section 5.04, Article 4495b,
V.T.C.S. (Medical Practice Act) does not have to comply with the
requirements adopted under Subsections (a)(2)-(4) or Subsection (f).
Makes conforming changes.
SECTION 4. Amends Subchapter E, Article 4495b, V.T.C.S., by adding
Sections 5.04 and 5.045, as follows:
Sec. 5.04. DANGEROUS OR HAZARDOUS RADIOLOGIC PROCEDURES. Defines
"practitioner" and "radiologic procedure." Requires the Texas State Board
of Medical Examiners (TBME), with the assistance of the Texas Department
of Health and other appropriate state agencies, by rule, to identify
radiologic procedures that are dangerous or hazardous and that may only be
performed by a physician, practitioner, or certified medical radiologic
technologist. Provides that this section does not apply to certain
radiologic procedures. Requires the TBME, in adopting rules, to consider
whether the radiologic procedure will be performed by a registered nurse
or a licensed physician assistant.
Sec. 5.045. TRAINING GUIDELINES FOR RADIOLOGIC PROCEDURES. Defines
"practitioner" and "radiologic procedure." Sets forth the terms by which
TBME is required to adopt minimum standards for mandatory training
guidelines for a person, other than a physician, a practitioner, or a
medical radiologic technologist, who intentionally administers radiation
to another person for medical purposes under the direction, supervision,
and authority of a physician. Establishes the persons exempt from the
requirements of this section. Authorizes TBME to establish and collect
fees necessary to recover the costs of administering this section, and
authorizes the fees to be used only to administer this section.
SECTION 5. Repealer: Sections 2.03(1) and 2.04, Article 4512m, V.T.C.S.
(Creation of Medical Radiologic Technologist Advisory Board).
SECTION 6. (a) Effective date: September 1, 1997.
(b) Provides that a member of the Medical Radiologic Technologist
Advisory Board serving immediately before the effective date of this Act
expires on that date and that advisory board is abolished. Sets forth the
terms by which TBH is required to appoint an advisory board.
(c) Provides that rules adopted before the effective date of this Act by
TBH under Section 2.05(f), Article 4512m, V.T.C.S., are repealed.
Requires TBH to adopt new rules under that section after the date the new
members of the advisory board have begun to serve.
(d) Requires TBME to adopt rules under Section 5.04, Article 4495b,
V.T.C.S., not later than January 1, 1998.
(e) Requires TBME to adopt mandatory training guidelines under Section
5.045, Article 4495b, V.T.C.S., not later than a certain date.
SECTION 7. Emergency clause.