1-1     By:  Nelson                                            S.B. No. 943

 1-2           (In the Senate - Filed March 5, 1997; March 6, 1997, read

 1-3     first time and referred to Committee on Health and Human Services;

 1-4     April 28, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 28, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 943                   By:  Nelson

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the regulation of medical radiologic technologists and

1-11     other persons who perform radiologic procedures.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 2.03, Medical Radiologic Technologist

1-14     Certification Act (Article 4512m, Vernon's Texas Civil Statutes),

1-15     is amended by adding Subdivision (17) to read as follows:

1-16                 (17)  "Physician assistant" means a person licensed by

1-17     the Texas State Board of Physician Assistant Examiners to practice

1-18     as a physician assistant.

1-19           SECTION 2.  Section 2.05, Medical Radiologic Technologist

1-20     Certification Act (Article 4512m, Vernon's Texas Civil Statutes),

1-21     is amended to read as follows:

1-22           Sec. 2.05.  DUTIES OF TEXAS BOARD OF HEALTH.  (a)  The Texas

1-23     Board of Health shall adopt rules establishing:

1-24                 (1)  minimum standards for issuing, renewing,

1-25     suspending, and revoking certificates issued under this Act;

1-26                 (2)  minimum standards for the approval of curricula

1-27     and education programs to train individuals, registered nurses, and

1-28     physician assistants to perform radiologic procedures and for

1-29     rescinding the approval;

1-30                 (3)  minimum standards for the approval of instructors

1-31     to teach approved curricula or education programs to train

1-32     individuals to perform radiologic procedures and for rescinding the

1-33     approval; and

1-34                 (4)  a registry of persons who are required to comply

1-35     with Subsection (f) of this section.

1-36           (b)  The Texas Board of Health shall establish different

1-37     classes of certificates to include all radiologic procedures used

1-38     in the course and scope of the practice of practitioners licensed

1-39     in this state.  The Texas Board of Health may issue general and

1-40     limited certificates and general and limited temporary

1-41     certificates.

1-42           (c)  When adopting minimum standards for certifying medical

1-43     radiologic technologists, the Texas Board of Health may establish

1-44     criteria for issuing a certificate to a person licensed or

1-45     otherwise registered as a medical radiologic technologist by

1-46     another state, the American Registry of Radiologic Technologists,

1-47     the Nuclear Medicine Technology Certification Board [American

1-48     Registry of Clinical Radiography Technologists], the District of

1-49     Columbia, or a territory of the United States whose requirements

1-50     for licensure or registration were at the date of licensing or

1-51     registration substantially equal to the requirements set forth in

1-52     this Act.

1-53           (d)  The Texas Board of Health may establish guidelines,

1-54     which may include requirements for continuing education for medical

1-55     radiologic technologists, and the Texas Board of Health may prepare

1-56     and conduct an examination for applicants for a certificate.

1-57           (e)  The Texas Board of Health may adopt rules necessary to

1-58     implement this Act.

1-59           (f)  The minimum standards of the Texas Board of Health for

1-60     approval of curricula and education programs under Subsection (a)

1-61     of this section shall include mandatory training guidelines for a

1-62     person, other than a practitioner or a medical radiologic

1-63     technologist, who intentionally administers radiation to another

1-64     person for medical purposes, including a person who does not hold a

 2-1     certificate issued under this Act who is performing a radiologic

 2-2     procedure at a hospital or under the direction of a practitioner,

 2-3     other than a dentist.  The training program approved by the Texas

 2-4     Board of Health must contain an appropriate number of hours of

 2-5     education that must be completed before the person may perform a

 2-6     radiologic procedure.  This subsection does not apply to a person

 2-7     who administers radiation to another person for medical purposes if

 2-8     the person, before September 1, 1998, had at least one year of

 2-9     experience in performing radiologic procedures under the direction,

2-10     supervision, and authority of a practitioner.

2-11           (g)  This [The Texas Board of Health with the assistance of

2-12     other appropriate state agencies shall by rule identify radiologic

2-13     procedures that are dangerous or hazardous and that may only be

2-14     performed by a practitioner or a medical radiologic technologist

2-15     certified under this Act.]

2-16           [(h)  Subsection (g) of this] section does not apply to a

2-17     radiologic procedure involving a dental X-ray machine, including a

2-18     panarex or other equipment designed and manufactured only for use

2-19     in dental radiography.

2-20           (h) [(i)]  On the application to the department by a

2-21     hospital, federally qualified health center as defined by 42 U.S.C.

2-22     Section 1396d, rural health clinic, or practitioner, the department

2-23     shall exempt the applicant from the requirements of Subsection (f)

2-24     of this section in employing a person certified under this Act or

2-25     trained as required by Subsection (f) of this section if the

2-26     applicant shows a hardship in employing a person certified under

2-27     this Act or trained as required by Subsection (f) of this section.

2-28           (i) [(j)]  The following conditions are considered to be

2-29     hardships for the purposes of Subsection (h) [(i)] of this section:

2-30                 (1)  that the hospital, federally qualified health

2-31     center, or practitioner reports an inability to attract and retain

2-32     medical radiologic technologists;

2-33                 (2)  that the hospital, federally qualified health

2-34     center, or practitioner is located at a great distance from a

2-35     school of medical radiologic technology;

2-36                 (3)  that there is a list of qualified applicants to a

2-37     school of medical radiologic technology whose admissions are

2-38     pending because of a lack of faculty or space;

2-39                 (4)  that the school of medical radiologic technology

2-40     produces an insufficient number of graduates in medical radiologic

2-41     technology to meet the needs of the hospital, federally qualified

2-42     health center, or practitioner; or

2-43                 (5)  any other criteria determined by department rule.

2-44           (j)  A person who performs a radiologic procedure in

2-45     compliance with the procedures adopted under Section 5.04, Medical

2-46     Practice Act (Article 4495b, Vernon's Texas Civil Statutes),

2-47     Section 13c, Chapter 94, Acts of the 51st Legislature, Regular

2-48     Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), or

2-49     Article 4577, Revised Statutes, does not have to comply with the

2-50     requirements adopted under Subsections (a)(2)-(4) or Subsection (f)

2-51     of this section.

2-52           (k)(1)  A person who performs a radiologic procedure in

2-53     compliance with the guidelines adopted under any one of the

2-54     following provisions is not required to comply with the

2-55     requirements adopted under Subsections (a)(2)-(4) or Subsection (f)

2-56     of this section:

2-57                       (A)  Section 5.045, Medical Practice Act (Article

2-58     4495b, Vernon's Texas Civil Statutes);

2-59                       (B)  Section 13d, Chapter 94, Acts of the 51st

2-60     Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas

2-61     Civil Statutes); or

2-62                       (C)  Article 4578, Revised Statutes.

2-63                 (2)  A person who meets the requirements of Subsection

2-64     (f) of this section or who is employed in a facility that obtains a

2-65     hardship exemption under Subsection (h) of this section is not

2-66     required to comply with the guidelines adopted under any one of the

2-67     provisions listed in Subdivisions (1)(A)-(C) of this subsection.

2-68           [(k)  In adopting rules under Subsection (g) of this section,

2-69     the Texas Board of Health may consider whether the radiologic

 3-1     procedure will be performed by a registered nurse or a licensed

 3-2     physician assistant.]

 3-3           SECTION 3.  Subchapter E, Medical Practice Act (Article

 3-4     4495b, Vernon's Texas Civil Statutes), is amended by adding

 3-5     Sections 5.04 and 5.045 to read as follows:

 3-6           Sec. 5.04.  DANGEROUS OR HAZARDOUS RADIOLOGIC PROCEDURES.

 3-7     (a)  In this section, "radiologic procedure" has the meaning

 3-8     assigned that term by Section 2.03, Medical Radiologic Technologist

 3-9     Certification Act (Article 4512m, Vernon's Texas Civil Statutes).

3-10           (b)  The board, with the advice of the Texas Department of

3-11     Health and other appropriate state agencies, by rule shall identify

3-12     radiologic procedures that are dangerous or hazardous and that may

3-13     only be performed by a physician or medical radiologic technologist

3-14     certified under the Medical Radiologic Technologist Certification

3-15     Act (Article 4512m, Vernon's Texas Civil Statutes).

3-16           (c)  This section does not apply to a radiologic procedure

3-17     involving a dental X-ray machine, including a panarex or other

3-18     equipment designed and manufactured only for use in dental

3-19     radiography.

3-20           (d)  In adopting rules under this section, the board shall

3-21     consider whether the radiologic procedure will be performed by a

3-22     registered nurse or a licensed physician assistant.

3-23           Sec. 5.045.  TRAINING GUIDELINES FOR RADIOLOGIC PROCEDURES.

3-24     (a)  In this section, "radiologic procedure" has the meaning

3-25     assigned by Section 5.04 of this Act.

3-26           (b)  The board shall adopt minimum standards for mandatory

3-27     training guidelines for a person, other than a physician or a

3-28     medical radiologic technologist, who intentionally administers

3-29     radiation to another person for medical purposes under the

3-30     direction, supervision, and authority of a physician.

3-31           (c)  The guidelines adopted under this section must permit a

3-32     person to comply with the guidelines by completing a course of

3-33     instruction under a physician who employs or supervises the person

3-34     and by passing a written examination approved by the board.

3-35           (d)  A person who performed radiologic procedures under the

3-36     direction, supervision, or authority of a physician on or before

3-37     September 1, 1998, is exempt from complying with the requirements

3-38     of this section and may apply to the board for a certificate of

3-39     exemption from the requirements.

3-40           (e)  The board may establish and collect fees necessary to

3-41     recover the costs of administering this section.  Fees collected

3-42     under this section may be used only to administer this section.

3-43           SECTION 4.  Subsection (a), Section 13a, Chapter 94, Acts of

3-44     the 51st Legislature, Regular Session, 1949 (Article 4512b,

3-45     Vernon's Texas Civil Statutes), is amended to read as follows:

3-46           (a)  The practice of chiropractic shall not be construed to

3-47     include:

3-48                 (1)  incisive or surgical procedures;

3-49                 (2)  the prescribing of controlled substances or

3-50     dangerous drugs or any drug that requires a prescription; or

3-51                 (3)  except as provided by Section 13c of this Act, the

3-52     use of x-ray therapy or therapy that exposes the body to

3-53     radioactive materials.

3-54           SECTION 5.  Chapter 94, Acts of the 51st Legislature, Regular

3-55     Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is

3-56     amended by adding Sections 13c and 13d to read as follows:

3-57           Sec. 13c.  DANGEROUS OR HAZARDOUS RADIOLOGIC PROCEDURES.

3-58     (a)  In this section, "radiologic procedure" has the meaning

3-59     assigned that term by Section 2.03, Medical Radiologic Technologist

3-60     Certification Act (Article 4512m, Vernon's Texas Civil Statutes).

3-61           (b)  The board, with the advice of the Texas Department of

3-62     Health and other appropriate state agencies, by rule shall identify

3-63     radiologic procedures that are dangerous or hazardous and that may

3-64     only be performed by a chiropractor or medical radiologic

3-65     technologist certified under the Medical Radiologic Technologist

3-66     Certification Act (Article 4512m, Vernon's Texas Civil Statutes).

3-67           (c)  The provisions of Section 5.04, Medical Practice Act

3-68     (Article 4495b, Vernon's Texas Civil Statutes), shall apply in lieu

3-69     of this section when the procedure is performed in a hospital.

 4-1           Sec. 13d.  TRAINING GUIDELINES FOR RADIOLOGIC PROCEDURES.

 4-2     (a)  In this section, "radiologic procedure" has the meaning

 4-3     assigned by Section 13c of this Act.

 4-4           (b)  The board shall adopt minimum standards for mandatory

 4-5     training guidelines for a person, other than a chiropractor or a

 4-6     medical radiologic technologist, who intentionally administers

 4-7     radiation to another person for medical purposes under the

 4-8     direction, supervision, and authority of a chiropractor.

 4-9           (c)  The guidelines adopted under this section must permit a

4-10     person to comply with the guidelines by completing a course of

4-11     instruction under a chiropractor who employs or supervises the

4-12     person and by passing a written examination approved by the board.

4-13           (d)  A person who performed radiologic procedures under the

4-14     direction, supervision, or authority of a chiropractor on or before

4-15     September 1, 1998, is exempt from complying with the requirements

4-16     of this section and may apply to the board for a certificate of

4-17     exemption from the requirements.

4-18           (e)  The board may establish and collect fees necessary to

4-19     recover the costs of administering this section.  Fees collected

4-20     under this section may be used only to administer this section.

4-21           SECTION 6.  Chapter 11, Title 71, Revised Statutes, is

4-22     amended by adding Articles 4577 and 4578 to read as follows:

4-23           Art. 4577.  DANGEROUS OR HAZARDOUS RADIOLOGIC PROCEDURES.

4-24     (a)  In this article, "radiologic procedure" has the meaning

4-25     assigned that term by Section 2.03, Medical Radiologic Technologist

4-26     Certification Act (Article 4512m, Vernon's Texas Civil Statutes).

4-27           (b)  The board, with the advice of the Texas Department of

4-28     Health and other appropriate state agencies, by rule shall identify

4-29     radiologic procedures that are dangerous or hazardous and that may

4-30     only be performed by a podiatrist or a medical radiologic

4-31     technologist certified under the Medical Radiologic Technologist

4-32     Certification Act (Article 4512m, Vernon's Texas Civil Statutes).

4-33           (c)  The provisions of Section 5.04, Medical Practice Act

4-34     (Article 4495b, Vernon's Texas Civil Statutes), shall apply in lieu

4-35     of this article when the procedure is performed in a hospital.

4-36           Art. 4578.  TRAINING GUIDELINES FOR RADIOLOGIC PROCEDURES.

4-37     (a)  In this article, "radiologic procedure" has the meaning

4-38     assigned by Article 4577, Revised Statutes.

4-39           (b)  The board shall adopt minimum standards for mandatory

4-40     training guidelines for a person, other than a podiatrist or a

4-41     medical radiologic technologist, who intentionally administers

4-42     radiation to another person for medical purposes under the

4-43     direction, supervision, and authority of a podiatrist.

4-44           (c)  The guidelines adopted under this article must permit a

4-45     person to comply with the guidelines by completing a course of

4-46     instruction under a podiatrist who employs or supervises the person

4-47     and by passing a written examination approved by the board.

4-48           (d)  A person who performed radiologic procedures under the

4-49     direction, supervision, or authority of a podiatrist on or before

4-50     September 1, 1998, is exempt from complying with the requirements

4-51     of this article and may apply to the board for a certificate of

4-52     exemption from the requirements.

4-53           (e)  The board may establish and collect fees necessary to

4-54     recover the costs of administering this article.  Fees collected

4-55     under this article may be used only to administer this article.

4-56           SECTION 7.  (a)  This Act takes effect September 1, 1997.

4-57           (b)  Rules adopted before the effective date of this Act by

4-58     the Texas Board of Health under Subsection (f), Section 2.05,

4-59     Medical Radiologic Technologist Certification Act (Article 4512m,

4-60     Vernon's Texas Civil Statutes), that provide mandatory training

4-61     guidelines for the administration of radiation by certain persons

4-62     remain in effect after the effective date of this Act except to the

4-63     extent the rules conflict with a provision of this Act.

4-64           (c)  The Texas State Board of Medical Examiners shall adopt

4-65     rules under Section 5.04, Medical Practice Act (Article 4495b,

4-66     Vernon's Texas Civil Statutes), as added by this Act, not later

4-67     than January 1, 1998.  The Texas Board of Chiropractic Examiners

4-68     shall adopt rules under Section 13c, Chapter 94, Acts of the 51st

4-69     Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas

 5-1     Civil Statutes), as added by this Act, not later than January 1,

 5-2     1998.  The Texas State Board of Podiatric Medical Examiners shall

 5-3     adopt rules under Article 4577, Revised Statutes, as added by this

 5-4     Act, not later than January 1, 1998.

 5-5           (d)  The Texas State Board of Medical Examiners shall adopt

 5-6     mandatory training guidelines under Section 5.045, Medical Practice

 5-7     Act (Article 4495b, Vernon's Texas Civil Statutes), as added by

 5-8     this Act, not later than June 1, 1998.  A person must complete the

 5-9     training under the guidelines not later than the later of:

5-10                 (1)  January 1, 2000; or

5-11                 (2)  the 18th month after the date the Texas State

5-12     Board of Medical Examiners adopts the training guidelines.

5-13           (e)  The Texas Board of Chiropractic Examiners shall adopt

5-14     mandatory training guidelines under Section 13d, Chapter 94, Acts

5-15     of the 51st Legislature, Regular Session, 1949 (Article 4512b,

5-16     Vernon's Texas Civil Statutes), as added by this Act, not later

5-17     than June 1, 1998.  A person must complete the training under the

5-18     guidelines not later than the later of:

5-19                 (1)  January 1, 2000; or

5-20                 (2)  the 18th month after the date the Texas Board of

5-21     Chiropractic Examiners adopts the training guidelines.

5-22           (f)  The Texas State Board of Podiatric Medical Examiners

5-23     shall adopt mandatory training guidelines under Article 4578,

5-24     Revised Statutes, as added by this Act, not later than June 1,

5-25     1998.  A person must complete the training under the guidelines not

5-26     later than the later of:

5-27                 (1)  January 1, 2000; or

5-28                 (2)  the 18th month after the date the Texas State

5-29     Board of Podiatric Medical Examiners adopts the training

5-30     guidelines.

5-31           SECTION 8.  The importance of this legislation and the

5-32     crowded condition of the calendars in both houses create an

5-33     emergency and an imperative public necessity that the

5-34     constitutional rule requiring bills to be read on three several

5-35     days in each house be suspended, and this rule is hereby suspended.

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