AN ACT
1-1 relating to the repeal of certain advisory committees of the Texas
1-2 Department of Health.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 773.112, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (a) The board by rule shall adopt minimum standards and
1-7 objectives to implement emergency medical services and trauma care
1-8 systems. The board by rule shall provide for the designation of
1-9 trauma facilities and for triage, transfer, and transportation
1-10 policies [that reflect the recommendations of the technical
1-11 advisory committee]. The board [and the technical advisory
1-12 committee] shall consider guidelines adopted by the American
1-13 College of Surgeons and the American College of Emergency
1-14 Physicians in adopting rules under this section.
1-15 SECTION 2. Section 241.003, Health and Safety Code, is
1-16 amended to read as follows:
1-17 Sec. 241.003. DEFINITIONS. In this chapter:
1-18 (1) "Board" means the Texas Board of Health.
1-19 (2) ["Council" means the Hospital Licensing Advisory
1-20 Council.]
1-21 [(3)] "Department" means the Texas Department of
1-22 Health.
1-23 (3) [(4)] "General hospital" means an establishment
2-1 that:
2-2 (A) offers services, facilities, and beds for
2-3 use for more than 24 hours for two or more unrelated individuals
2-4 requiring diagnosis, treatment, or care for illness, injury,
2-5 deformity, abnormality, or pregnancy; and
2-6 (B) regularly maintains, at a minimum, clinical
2-7 laboratory services, diagnostic X-ray services, treatment
2-8 facilities including surgery or obstetrical care or both, and other
2-9 definitive medical or surgical treatment of similar extent.
2-10 (4) [(5)] "Governmental unit" means a political
2-11 subdivision of the state, including a hospital district, county, or
2-12 municipality, and any department, division, board, or other agency
2-13 of a political subdivision.
2-14 (5) [(6)] "Hospital" includes a general hospital and a
2-15 special hospital.
2-16 (6) [(7)] "Medical staff" means a physician or group
2-17 of physicians and a podiatrist or group of podiatrists who by
2-18 action of the governing body of a hospital are privileged to work
2-19 in and use the facilities of a hospital for or in connection with
2-20 the observation, care, diagnosis, or treatment of an individual who
2-21 is, or may be, suffering from a mental or physical disease or
2-22 disorder or a physical deformity or injury.
2-23 (7) [(8)] "Person" means an individual, firm,
2-24 partnership, corporation, association, or joint stock company, and
2-25 includes a receiver, trustee, assignee, or other similar
3-1 representative of those entities.
3-2 (8) [(9)] "Physician" means a physician licensed by
3-3 the Texas State Board of Medical Examiners.
3-4 (9) [(10)] "Podiatrist" means a podiatrist licensed by
3-5 the Texas State Board of Podiatric Medical Examiners.
3-6 (10) [(11)] "Special hospital" means an establishment
3-7 that:
3-8 (A) offers services, facilities, and beds for
3-9 use for more than 24 hours for two or more unrelated individuals
3-10 who are regularly admitted, treated, and discharged and who require
3-11 services more intensive than room, board, personal services, and
3-12 general nursing care;
3-13 (B) has clinical laboratory facilities,
3-14 diagnostic X-ray facilities, treatment facilities, or other
3-15 definitive medical treatment;
3-16 (C) has a medical staff in regular attendance;
3-17 and
3-18 (D) maintains records of the clinical work
3-19 performed for each patient.
3-20 SECTION 3. Subsection (a), Section 241.026, Health and
3-21 Safety Code, is amended to read as follows:
3-22 (a) The board[, with the advice of the council,] shall adopt
3-23 and enforce rules to further the purposes of this chapter. The
3-24 rules at a minimum shall address:
3-25 (1) minimum requirements for staffing by physicians
4-1 and nurses;
4-2 (2) hospital services relating to patient care;
4-3 (3) fire prevention, safety, and sanitation
4-4 requirements in hospitals;
4-5 (4) patient care and a patient bill of rights; and
4-6 (5) compliance with other state and federal laws
4-7 affecting the health, safety, and rights of hospital patients.
4-8 SECTION 4. Sections 3 and 5, Opticians' Registry Act
4-9 (Article 4551-1, Vernon's Texas Civil Statutes), are amended to
4-10 read as follows:
4-11 Sec. 3. DEFINITIONS. In this Act:
4-12 (1) "Board" means the Texas Board of Health.
4-13 (2) "Contact lens dispensing" means the fabrication,
4-14 ordering, mechanical adjustment, dispensing, sale, and delivery to
4-15 the consumer of contact lenses prescribed by and dispensed in
4-16 accordance with a prescription from a licensed physician or
4-17 optometrist, together with appropriate instructions for the care
4-18 and handling of the lenses. The term does not include the taking
4-19 of any measurements of the eye or the cornea or evaluating the
4-20 physical fit of the contact lenses, unless that action is directed
4-21 or approved by a licensed physician.
4-22 (3) "Contact lens prescription" means a written
4-23 specification by a licensed physician or optometrist for
4-24 therapeutic, corrective, or cosmetic contact lenses that states the
4-25 refractive power of the product and other information as required
5-1 by:
5-2 (A) the physician or the Texas State Board of
5-3 Medical Examiners; or
5-4 (B) the optometrist or the Texas Optometry
5-5 Board.
5-6 (4) ["Council" means the Advisory Council of the
5-7 Opticians' Registry.]
5-8 [(5)] "Department" means the Texas Department of
5-9 Health.
5-10 (5) [(6)] "Dispensing optician" or "ophthalmic
5-11 dispenser" means a person who provides or offers to provide
5-12 spectacle or contact lens dispensing services or products to the
5-13 public.
5-14 (6) [(7)] "Spectacle dispensing" means the design,
5-15 verification, fitting, adjustment, sale, and delivery to the
5-16 consumer of fabricated and finished spectacle lenses, frames, or
5-17 other ophthalmic devices, other than contact lenses, prescribed by
5-18 and dispensed in accordance with a prescription from a licensed
5-19 physician or optometrist. The term includes:
5-20 (A) prescription analysis and interpretation;
5-21 (B) the taking of measurements of the face,
5-22 including interpupillary distances, to determine the size, shape,
5-23 and specifications of the spectacle lenses or frames best suited to
5-24 the wearer's needs;
5-25 (C) the preparation and delivery of work orders
6-1 to laboratory technicians engaged in grinding lenses and
6-2 fabricating spectacles;
6-3 (D) the verification of the quality of finished
6-4 spectacle lenses;
6-5 (E) the adjustment of spectacle lenses or frames
6-6 to the intended wearer's face; and
6-7 (F) the adjustment, repair, replacement,
6-8 reproduction, or duplication of previously prepared spectacle
6-9 lenses, frames, or other specially fabricated optical devices,
6-10 other than contact lenses.
6-11 (7) [(8)] "Spectacle prescription" means a written
6-12 specification by a licensed physician or optometrist for
6-13 therapeutic or corrective lenses that states the refractive power
6-14 of the product and other information as required by the physician
6-15 or optometrist.
6-16 Sec. 5. DUTIES OF BOARD[; ADVISORY COUNCIL]. (a) The board
6-17 shall adopt procedural rules to implement the registration
6-18 procedures under this Act. The board also may adopt substantive
6-19 and procedural rules relating to:
6-20 (1) the minimum requirements for the registration of
6-21 dispensing opticians;
6-22 (2) the probation, suspension, denial, or revocation
6-23 of a registration;
6-24 (3) the setting of fees under this Act; and
6-25 (4) the adoption of forms required by this Act.
7-1 (b) The board may not adopt substantive rules relating to
7-2 this Act other than substantive rules described by Subsection (a)
7-3 of this section.
7-4 [(c) The board shall appoint a nine-member advisory council
7-5 to be known as the Advisory Council of the Opticians' Registry to
7-6 advise the board on matters relating to implementation of this Act.
7-7 The members shall be appointed from different geographical areas to
7-8 ensure representation of urban and rural interests.]
7-9 [(d) The board shall appoint members of the council as
7-10 follows:]
7-11 [(1) three must be opticians eligible for registration
7-12 under this Act, one of whom is eligible only as a contact lens
7-13 dispensing optician, one of whom is eligible only as a spectacle
7-14 dispensing optician, and one of whom is eligible for registration
7-15 in either category;]
7-16 [(2) two must be physicians licensed and practicing in
7-17 this state whose practice is limited to ophthalmology;]
7-18 [(3) two must be optometrists licensed and practicing
7-19 in this state; and]
7-20 [(4) two must be consumers who do not have, and whose
7-21 spouses do not have, a direct or indirect interest in any health
7-22 care related business or trade association.]
7-23 [(e) The council shall annually elect a chairman and
7-24 vice-chairman.]
7-25 [(f) A council member is not entitled to compensation for
8-1 service on the council, but is entitled to the per diem and
8-2 transportation allowance for state officials set in the General
8-3 Appropriations Act for each day that the member engages in the
8-4 business of the council.]
8-5 [(g) Members are appointed for staggered terms of six years,
8-6 with three terms beginning March 1 of each odd-numbered year.
8-7 Members shall serve until the expiration of the term to which they
8-8 have been appointed or until their successors have qualified. A
8-9 member may not serve more than two consecutive terms.]
8-10 SECTION 5. Section 1, Chapter 752, Acts of the 69th
8-11 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
8-12 Civil Statutes), is amended to read as follows:
8-13 Sec. 1. DEFINITIONS. In this Act:
8-14 (1) "Massage therapy" means the manipulation of soft
8-15 tissue. The term includes, but is not limited to, effleurage
8-16 (stroking), petrissage (kneading), tapotement (percussion),
8-17 compression, vibration, friction, nerve strokes, and Swedish
8-18 gymnastics, either by hand or with mechanical or electrical
8-19 apparatus for the purpose of body massage. Massage therapy may
8-20 include the use of oil, salt glows, heat lamps, hot and cold packs,
8-21 tub, shower, or cabinet baths. Equivalent terms for massage
8-22 therapy are massage, therapeutic massage, massage technology,
8-23 myo-therapy, body massage, body rub, or any derivation of those
8-24 terms. Massage therapy is a health care service when the massage
8-25 therapy is for therapeutic purposes. As used in the Act, the terms
9-1 "therapy" and "therapeutic" do not include diagnosis, the treatment
9-2 of illness or disease, or any service or procedure for which a
9-3 license to practice medicine, chiropractic, physical therapy, or
9-4 podiatry is required by law. Massage therapy does not constitute
9-5 the practice of chiropractic.
9-6 (2) "Massage therapist" means an individual who
9-7 practices or administers massage therapy to a patron of either
9-8 gender for compensation. The term includes a registered massage
9-9 therapist, therapeutic massage practitioner, massage technician,
9-10 masseur, masseuse, myo-therapist, body massager, body rubber, or
9-11 any derivation of those titles.
9-12 (3) "Massage therapy instructor" means an individual
9-13 who is a registered massage therapist, who is instructing one or
9-14 more students in massage therapy, and whose instruction is approved
9-15 by the department.
9-16 (4) "Massage establishment" means any place of
9-17 business that advertises massage therapy or offers massage therapy
9-18 as a service.
9-19 (5) "Department" means the Texas Department of Health.
9-20 (6) "Board" means the Texas Board of Health.
9-21 (7) ["Advisory Council" means the Advisory Council on
9-22 Massage Therapy.]
9-23 [(8)] "Person" means an individual, partnership,
9-24 corporation, association, or other legal entity.
9-25 (8) [(9)] "Massage school" means an entity or
10-1 organization with at least two instructors that teaches, at a
10-2 minimum, the course of instruction required for registration as a
10-3 massage therapist under this Act.
10-4 (9) [(10)] "Instructor" means an individual who
10-5 instructs one or more students in any section of the course of
10-6 instruction required for registration as a massage therapist.
10-7 (10) [(11)] "Applicant" means a person, including a
10-8 massage school, a massage therapy instructor, or a massage
10-9 establishment, that applies for registration under this Act.
10-10 (11) [(12)] "Examiner" means a registered massage
10-11 therapist who administers the practical portion of the state
10-12 examination to applicants for registration as massage therapists.
10-13 (12) [(13)] "Internship program" means a program
10-14 supervised by a massage therapy instructor in which a student
10-15 provides massage therapy to the general public. The massage
10-16 therapy may be for compensation in an amount set by the massage
10-17 school or massage therapy instructor and paid to the massage school
10-18 or massage therapy instructor.
10-19 (13) [(14)] "Sexually oriented business" has the
10-20 meaning assigned by Section 243.002, Local Government Code, unless
10-21 another meaning applies under local law.
10-22 SECTION 6. Subsection (i), Section 2A, Chapter 752, Acts of
10-23 the 69th Legislature, Regular Session, 1985 (Article 4512k,
10-24 Vernon's Texas Civil Statutes), is amended to read as follows:
10-25 (i) An internship program must meet the qualifications
11-1 established by the board [with the advice of the advisory council].
11-2 SECTION 7. Subsections (a), (d), (e), and (f), Section 7,
11-3 Chapter 752, Acts of the 69th Legislature, Regular Session, 1985
11-4 (Article 4512k, Vernon's Texas Civil Statutes), are amended to read
11-5 as follows:
11-6 (a) The board[, with the advice of the advisory council,]
11-7 shall adopt rules consistent with this Act, including rules
11-8 relating to the definition of "unprofessional conduct" as that term
11-9 is used by Section 11(a)(4) of this Act, as necessary for the
11-10 performance of its duties under this Act. The board shall adopt
11-11 the rules in the manner provided by the Administrative Procedure
11-12 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
11-13 Statutes).
11-14 (d) The department shall prepare and administer a state
11-15 examination as required to implement this Act. The department may
11-16 hire examiners [with the recommendation of the advisory council].
11-17 An examiner is entitled to compensation and the state per diem
11-18 allowance as set by the General Appropriations Act for
11-19 transportation and related expenses incurred by the examiner in
11-20 engaging in the business of the department.
11-21 (e) [The board and department shall cooperate with the
11-22 advisory council in the administration of this Act, and shall make
11-23 available to the advisory council reports, statistical information,
11-24 and other information as reasonably necessary for the advisory
11-25 council to perform its duties under this Act.]
12-1 [(f)] The department shall regulate all massage school and
12-2 massage therapy instructor hours.
12-3 SECTION 8. Section 2.03, Medical Radiologic Technologist
12-4 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
12-5 is amended to read as follows:
12-6 Sec. 2.03. DEFINITIONS. In this Act:
12-7 (1) ["Advisory board" means the Medical Radiologic
12-8 Technologist Advisory Board.]
12-9 [(2)] "Department" means the Texas Department of
12-10 Health.
12-11 (2) [(3)] "Radiologic technology" means the
12-12 administration of radiation to a person for medical purposes.
12-13 (3) [(4)] "Radiation" means ionizing radiation in
12-14 amounts beyond normal background levels from sources such as
12-15 medical and dental radiologic procedures.
12-16 (4) [(5)] "Radiologic procedure" means any procedure
12-17 or article intended for use in the diagnosis of disease or other
12-18 medical or dental conditions in humans (including diagnostic X-rays
12-19 or nuclear medicine procedures) or the cure, mitigation, treatment,
12-20 or prevention of disease in humans that achieves its intended
12-21 purpose through the emission of radiation.
12-22 (5) [(6)] "Practitioner" means a doctor of medicine,
12-23 osteopathy, podiatry, dentistry, or chiropractic who is licensed
12-24 under the laws of this state and who prescribes radiologic
12-25 procedures for other persons.
13-1 (6) [(7)] "Medical radiologic technologist" means a
13-2 person certified under this Act, other than a practitioner, who,
13-3 under the direction of a practitioner, intentionally administers
13-4 radiation to other persons for medical purposes.
13-5 (7) [(8)] "Certification" means an authorization to
13-6 administer radiation to a person for medical purposes.
13-7 (8) [(9)] "General certification" means an
13-8 authorization to perform radiologic procedures authorized by this
13-9 Act.
13-10 (9) [(10)] "Limited certification" means an
13-11 authorization to perform radiologic procedures that are limited to
13-12 specific parts of the human body.
13-13 (10) [(11)] "Temporary certification, general or
13-14 limited," means an authorization to perform radiologic procedures
13-15 for a limited period, not to exceed one year.
13-16 (11) [(12)] "Registered Nurse" means a person licensed
13-17 by the Board of Nurse Examiners to practice professional nursing.
13-18 (12) [(13)] "Direct supervision" means supervision and
13-19 control by a medical radiologic technologist or a practitioner who
13-20 assumes legal liability for a student employed to perform a
13-21 radiologic procedure and enrolled in a program that meets the
13-22 requirements adopted by rule under Section 2.05 of this Act, and
13-23 who is physically present during the conduct of a radiologic
13-24 procedure to provide consultation or direct the action of the
13-25 student.
14-1 (13) [(14)] "Education program" means clinical
14-2 training or any other program offered by an organization approved
14-3 by the Texas Board of Health that:
14-4 (A) has a specified objective;
14-5 (B) includes planned activities for the
14-6 participants; and
14-7 (C) uses an approved method for measuring the
14-8 progress of the participants.
14-9 (14) [(15)] "Authorized person" means a person who
14-10 meets or exceeds the minimum educational standards of the Texas
14-11 Board of Health under Section 2.05(f) of this Act.
14-12 (15) [(16)] "Registrant" means an individual, other
14-13 than a practitioner or medical radiologic technologist, who meets
14-14 the requirements of Section 2.05(f) of this Act.
14-15 SECTION 9. Section 1, Chapter 829, Acts of the 69th
14-16 Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
14-17 Civil Statutes), is amended to read as follows:
14-18 Sec. 1. DEFINITIONS. In this Act:
14-19 (1) ["Advisory board" means the Respiratory Care
14-20 Practitioners Advisory Board.]
14-21 [(2)] "Board of health" means the Texas Board of
14-22 Health.
14-23 (2) [(3)] "Department" means the Texas Department of
14-24 Health.
14-25 (3) [(4)] "Respiratory care" means the treatment,
15-1 management, control, diagnostic evaluation, and care of patients
15-2 who have deficiencies and abnormalities associated with the
15-3 cardiorespiratory system.
15-4 (4) [(5)] "Respiratory care practitioner" means a
15-5 person permitted or certified under this Act to practice
15-6 respiratory care.
15-7 (5) [(6)] "Respiratory care procedure" means
15-8 respiratory care provided by the therapeutic and diagnostic use of
15-9 medical gases, humidifiers, and aerosols, the administration of
15-10 drugs and medications to the cardiorespiratory system, ventilatory
15-11 assistance and ventilatory control, postural drainage, chest
15-12 drainage, chest percussion or vibration, breathing exercises,
15-13 respiratory rehabilitation, cardiopulmonary resuscitation,
15-14 maintenance of natural airways, and the insertion and maintenance
15-15 of artificial airways. The term includes a technique employed to
15-16 assist in diagnosis, monitoring, treatment, and research, including
15-17 the measurement of ventilatory volumes, pressures and flows, the
15-18 specimen collection of blood and other materials, pulmonary
15-19 function testing, and hemodynamic and other related physiological
15-20 forms of monitoring or treating, as ordered by the patient's
15-21 physician, the cardiorespiratory system.
15-22 SECTION 10. Subsection (d), Section 3, Chapter 829, Acts of
15-23 the 69th Legislature, Regular Session, 1985 (Article 4512l,
15-24 Vernon's Texas Civil Statutes), is amended to read as follows:
15-25 (d) The [After consultation with the advisory board, the]
16-1 board of health by rule shall establish examination requirements
16-2 for a certificate under this Act. The board of health may use the
16-3 entry level examination prepared by the National Board for
16-4 Respiratory Care or an equivalent examination.
16-5 SECTION 11. The following are repealed:
16-6 (1) Sections 12.072, 12.073, 12.074, 31.017, 36.015,
16-7 43.015, 87.006, 241.081, 241.082, 241.083, 241.084, 241.085,
16-8 311.038, 431.208, 502.013, 773.006, 773.118, and 773.172, Health
16-9 and Safety Code;
16-10 (2) Section 13, Texas Asbestos Health Protection Act
16-11 (Article 4477-3a, Vernon's Texas Civil Statutes);
16-12 (3) Section 10, Chapter 796, Acts of the 72nd
16-13 Legislature, Regular Session, 1991 (Article 4447bb, Vernon's Texas
16-14 Civil Statutes);
16-15 (4) Sections 8 and 9, Chapter 752, Acts of the 69th
16-16 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
16-17 Civil Statutes);
16-18 (5) Section 2.04, Medical Radiologic Technologist
16-19 Certification Act (Article 4512m, Vernon's Texas Civil Statutes);
16-20 and
16-21 (6) Sections 2 and 14, Chapter 829, Acts of the 69th
16-22 Legislature, 1985 (Article 4512l, Vernon's Texas Civil Statutes).
16-23 SECTION 12. This Act takes effect September 1, 1997.
16-24 SECTION 13. The importance of this legislation and the
16-25 crowded condition of the calendars in both houses create an
17-1 emergency and an imperative public necessity that the
17-2 constitutional rule requiring bills to be read on three several
17-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1517 passed the Senate on
April 29, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 18, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1517 passed the House, with
amendment, on May 16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor