By: Truan S.B. No. 1517
A BILL TO BE ENTITLED
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. Subsections (b) and (c), Section 142.016, Health
4-9 and Safety Code, are amended to read as follows:
4-10 (b) [The Board of Nurse Examiners and the department shall
4-11 consult with an advisory committee in developing, modifying, or
4-12 renewing the memorandum of understanding. The advisory committee
4-13 shall be appointed by the Board of Nurse Examiners and the
4-14 department and at a minimum shall include:]
4-15 [(1) one representative from the Board of Nurse
4-16 Examiners and one representative from the department to serve as
4-17 cochairmen;]
4-18 [(2) one representative from the Texas Department of
4-19 Mental Health and Mental Retardation;]
4-20 [(3) one representative from the Texas Department of
4-21 Human Services;]
4-22 [(4) one representative from the Texas Nurses
4-23 Association;]
4-24 [(5) one representative from the Texas Association for
4-25 Home Care, Incorporated, or its successor;]
5-1 [(6) one representative from the Texas Hospice
5-2 Organization, Incorporated, or its successor;]
5-3 [(7) one representative of the Texas Respite Resource
5-4 Network or its successor; and]
5-5 [(8) two representatives of organizations such as the
5-6 Personal Assistance Task Force or the Disability Consortium that
5-7 advocate for clients in community-based settings.]
5-8 [(c)] The department shall prepare guidelines according to
5-9 the memorandum of understanding required by Subsection (a) for
5-10 licensed home and community support services agencies in providing
5-11 personal assistance services to clients.
5-12 SECTION 5. Sections 3 and 5, Opticians' Registry Act
5-13 (Article 4551-1, Vernon's Texas Civil Statutes), are amended to
5-14 read as follows:
5-15 Sec. 3. DEFINITIONS. In this Act:
5-16 (1) "Board" means the Texas Board of Health.
5-17 (2) "Contact lens dispensing" means the fabrication,
5-18 ordering, mechanical adjustment, dispensing, sale, and delivery to
5-19 the consumer of contact lenses prescribed by and dispensed in
5-20 accordance with a prescription from a licensed physician or
5-21 optometrist, together with appropriate instructions for the care
5-22 and handling of the lenses. The term does not include the taking
5-23 of any measurements of the eye or the cornea or evaluating the
5-24 physical fit of the contact lenses, unless that action is directed
5-25 or approved by a licensed physician.
6-1 (3) "Contact lens prescription" means a written
6-2 specification by a licensed physician or optometrist for
6-3 therapeutic, corrective, or cosmetic contact lenses that states the
6-4 refractive power of the product and other information as required
6-5 by:
6-6 (A) the physician or the Texas State Board of
6-7 Medical Examiners; or
6-8 (B) the optometrist or the Texas Optometry
6-9 Board.
6-10 (4) ["Council" means the Advisory Council of the
6-11 Opticians' Registry.]
6-12 [(5)] "Department" means the Texas Department of
6-13 Health.
6-14 (5) [(6)] "Dispensing optician" or "ophthalmic
6-15 dispenser" means a person who provides or offers to provide
6-16 spectacle or contact lens dispensing services or products to the
6-17 public.
6-18 (6) [(7)] "Spectacle dispensing" means the design,
6-19 verification, fitting, adjustment, sale, and delivery to the
6-20 consumer of fabricated and finished spectacle lenses, frames, or
6-21 other ophthalmic devices, other than contact lenses, prescribed by
6-22 and dispensed in accordance with a prescription from a licensed
6-23 physician or optometrist. The term includes:
6-24 (A) prescription analysis and interpretation;
6-25 (B) the taking of measurements of the face,
7-1 including interpupillary distances, to determine the size, shape,
7-2 and specifications of the spectacle lenses or frames best suited to
7-3 the wearer's needs;
7-4 (C) the preparation and delivery of work orders
7-5 to laboratory technicians engaged in grinding lenses and
7-6 fabricating spectacles;
7-7 (D) the verification of the quality of finished
7-8 spectacle lenses;
7-9 (E) the adjustment of spectacle lenses or frames
7-10 to the intended wearer's face; and
7-11 (F) the adjustment, repair, replacement,
7-12 reproduction, or duplication of previously prepared spectacle
7-13 lenses, frames, or other specially fabricated optical devices,
7-14 other than contact lenses.
7-15 (7) [(8)] "Spectacle prescription" means a written
7-16 specification by a licensed physician or optometrist for
7-17 therapeutic or corrective lenses that states the refractive power
7-18 of the product and other information as required by the physician
7-19 or optometrist.
7-20 Sec. 5. DUTIES OF BOARD[; ADVISORY COUNCIL]. (a) The board
7-21 shall adopt procedural rules to implement the registration
7-22 procedures under this Act. The board also may adopt substantive
7-23 and procedural rules relating to:
7-24 (1) the minimum requirements for the registration of
7-25 dispensing opticians;
8-1 (2) the probation, suspension, denial, or revocation
8-2 of a registration;
8-3 (3) the setting of fees under this Act; and
8-4 (4) the adoption of forms required by this Act.
8-5 (b) The board may not adopt substantive rules relating to
8-6 this Act other than substantive rules described by Subsection (a)
8-7 of this section.
8-8 [(c) The board shall appoint a nine-member advisory council
8-9 to be known as the Advisory Council of the Opticians' Registry to
8-10 advise the board on matters relating to implementation of this Act.
8-11 The members shall be appointed from different geographical areas to
8-12 ensure representation of urban and rural interests.]
8-13 [(d) The board shall appoint members of the council as
8-14 follows:]
8-15 [(1) three must be opticians eligible for registration
8-16 under this Act, one of whom is eligible only as a contact lens
8-17 dispensing optician, one of whom is eligible only as a spectacle
8-18 dispensing optician, and one of whom is eligible for registration
8-19 in either category;]
8-20 [(2) two must be physicians licensed and practicing in
8-21 this state whose practice is limited to ophthalmology;]
8-22 [(3) two must be optometrists licensed and practicing
8-23 in this state; and]
8-24 [(4) two must be consumers who do not have, and whose
8-25 spouses do not have, a direct or indirect interest in any health
9-1 care related business or trade association.]
9-2 [(e) The council shall annually elect a chairman and
9-3 vice-chairman.]
9-4 [(f) A council member is not entitled to compensation for
9-5 service on the council, but is entitled to the per diem and
9-6 transportation allowance for state officials set in the General
9-7 Appropriations Act for each day that the member engages in the
9-8 business of the council.]
9-9 [(g) Members are appointed for staggered terms of six years,
9-10 with three terms beginning March 1 of each odd-numbered year.
9-11 Members shall serve until the expiration of the term to which they
9-12 have been appointed or until their successors have qualified. A
9-13 member may not serve more than two consecutive terms.]
9-14 SECTION 6. Section 1, Chapter 752, Acts of the 69th
9-15 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
9-16 Civil Statutes), is amended to read as follows:
9-17 Sec. 1. DEFINITIONS. In this Act:
9-18 (1) "Massage therapy" means the manipulation of soft
9-19 tissue. The term includes, but is not limited to, effleurage
9-20 (stroking), petrissage (kneading), tapotement (percussion),
9-21 compression, vibration, friction, nerve strokes, and Swedish
9-22 gymnastics, either by hand or with mechanical or electrical
9-23 apparatus for the purpose of body massage. Massage therapy may
9-24 include the use of oil, salt glows, heat lamps, hot and cold packs,
9-25 tub, shower, or cabinet baths. Equivalent terms for massage
10-1 therapy are massage, therapeutic massage, massage technology,
10-2 myo-therapy, body massage, body rub, or any derivation of those
10-3 terms. Massage therapy is a health care service when the massage
10-4 therapy is for therapeutic purposes. As used in the Act, the terms
10-5 "therapy" and "therapeutic" do not include diagnosis, the treatment
10-6 of illness or disease, or any service or procedure for which a
10-7 license to practice medicine, chiropractic, physical therapy, or
10-8 podiatry is required by law. Massage therapy does not constitute
10-9 the practice of chiropractic.
10-10 (2) "Massage therapist" means an individual who
10-11 practices or administers massage therapy to a patron of either
10-12 gender for compensation. The term includes a registered massage
10-13 therapist, therapeutic massage practitioner, massage technician,
10-14 masseur, masseuse, myo-therapist, body massager, body rubber, or
10-15 any derivation of those titles.
10-16 (3) "Massage therapy instructor" means an individual
10-17 who is a registered massage therapist, who is instructing one or
10-18 more students in massage therapy, and whose instruction is approved
10-19 by the department.
10-20 (4) "Massage establishment" means any place of
10-21 business that advertises massage therapy or offers massage therapy
10-22 as a service.
10-23 (5) "Department" means the Texas Department of Health.
10-24 (6) "Board" means the Texas Board of Health.
10-25 (7) ["Advisory Council" means the Advisory Council on
11-1 Massage Therapy.]
11-2 [(8)] "Person" means an individual, partnership,
11-3 corporation, association, or other legal entity.
11-4 (8) [(9)] "Massage school" means an entity or
11-5 organization with at least two instructors that teaches, at a
11-6 minimum, the course of instruction required for registration as a
11-7 massage therapist under this Act.
11-8 (9) [(10)] "Instructor" means an individual who
11-9 instructs one or more students in any section of the course of
11-10 instruction required for registration as a massage therapist.
11-11 (10) [(11)] "Applicant" means a person, including a
11-12 massage school, a massage therapy instructor, or a massage
11-13 establishment, that applies for registration under this Act.
11-14 (11) [(12)] "Examiner" means a registered massage
11-15 therapist who administers the practical portion of the state
11-16 examination to applicants for registration as massage therapists.
11-17 (12) [(13)] "Internship program" means a program
11-18 supervised by a massage therapy instructor in which a student
11-19 provides massage therapy to the general public. The massage
11-20 therapy may be for compensation in an amount set by the massage
11-21 school or massage therapy instructor and paid to the massage school
11-22 or massage therapy instructor.
11-23 (13) [(14)] "Sexually oriented business" has the
11-24 meaning assigned by Section 243.002, Local Government Code, unless
11-25 another meaning applies under local law.
12-1 SECTION 7. Subsection (i), Section 2A, Chapter 752, Acts of
12-2 the 69th Legislature, Regular Session, 1985 (Article 4512k,
12-3 Vernon's Texas Civil Statutes), is amended to read as follows:
12-4 (i) An internship program must meet the qualifications
12-5 established by the board [with the advice of the advisory council].
12-6 SECTION 8. Subsections (a), (d), (e), and (f), Section 7,
12-7 Chapter 752, Acts of the 69th Legislature, Regular Session, 1985
12-8 (Article 4512k, Vernon's Texas Civil Statutes), are amended to read
12-9 as follows:
12-10 (a) The board[, with the advice of the advisory council,]
12-11 shall adopt rules consistent with this Act, including rules
12-12 relating to the definition of "unprofessional conduct" as that term
12-13 is used by Section 11(a)(4) of this Act, as necessary for the
12-14 performance of its duties under this Act. The board shall adopt
12-15 the rules in the manner provided by the Administrative Procedure
12-16 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
12-17 Statutes).
12-18 (d) The department shall prepare and administer a state
12-19 examination as required to implement this Act. The department may
12-20 hire examiners [with the recommendation of the advisory council].
12-21 An examiner is entitled to compensation and the state per diem
12-22 allowance as set by the General Appropriations Act for
12-23 transportation and related expenses incurred by the examiner in
12-24 engaging in the business of the department.
12-25 (e) [The board and department shall cooperate with the
13-1 advisory council in the administration of this Act, and shall make
13-2 available to the advisory council reports, statistical information,
13-3 and other information as reasonably necessary for the advisory
13-4 council to perform its duties under this Act.]
13-5 [(f)] The department shall regulate all massage school and
13-6 massage therapy instructor hours.
13-7 SECTION 9. Section 2.03, Medical Radiologic Technologist
13-8 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
13-9 is amended to read as follows:
13-10 Sec. 2.03. DEFINITIONS. In this Act:
13-11 (1) ["Advisory board" means the Medical Radiologic
13-12 Technologist Advisory Board.]
13-13 [(2)] "Department" means the Texas Department of
13-14 Health.
13-15 (2) [(3)] "Radiologic technology" means the
13-16 administration of radiation to a person for medical purposes.
13-17 (3) [(4)] "Radiation" means ionizing radiation in
13-18 amounts beyond normal background levels from sources such as
13-19 medical and dental radiologic procedures.
13-20 (4) [(5)] "Radiologic procedure" means any procedure
13-21 or article intended for use in the diagnosis of disease or other
13-22 medical or dental conditions in humans (including diagnostic X-rays
13-23 or nuclear medicine procedures) or the cure, mitigation, treatment,
13-24 or prevention of disease in humans that achieves its intended
13-25 purpose through the emission of radiation.
14-1 (5) [(6)] "Practitioner" means a doctor of medicine,
14-2 osteopathy, podiatry, dentistry, or chiropractic who is licensed
14-3 under the laws of this state and who prescribes radiologic
14-4 procedures for other persons.
14-5 (6) [(7)] "Medical radiologic technologist" means a
14-6 person certified under this Act, other than a practitioner, who,
14-7 under the direction of a practitioner, intentionally administers
14-8 radiation to other persons for medical purposes.
14-9 (7) [(8)] "Certification" means an authorization to
14-10 administer radiation to a person for medical purposes.
14-11 (8) [(9)] "General certification" means an
14-12 authorization to perform radiologic procedures authorized by this
14-13 Act.
14-14 (9) [(10)] "Limited certification" means an
14-15 authorization to perform radiologic procedures that are limited to
14-16 specific parts of the human body.
14-17 (10) [(11)] "Temporary certification, general or
14-18 limited," means an authorization to perform radiologic procedures
14-19 for a limited period, not to exceed one year.
14-20 (11) [(12)] "Registered Nurse" means a person licensed
14-21 by the Board of Nurse Examiners to practice professional nursing.
14-22 (12) [(13)] "Direct supervision" means supervision and
14-23 control by a medical radiologic technologist or a practitioner who
14-24 assumes legal liability for a student employed to perform a
14-25 radiologic procedure and enrolled in a program that meets the
15-1 requirements adopted by rule under Section 2.05 of this Act, and
15-2 who is physically present during the conduct of a radiologic
15-3 procedure to provide consultation or direct the action of the
15-4 student.
15-5 (13) [(14)] "Education program" means clinical
15-6 training or any other program offered by an organization approved
15-7 by the Texas Board of Health that:
15-8 (A) has a specified objective;
15-9 (B) includes planned activities for the
15-10 participants; and
15-11 (C) uses an approved method for measuring the
15-12 progress of the participants.
15-13 (14) [(15)] "Authorized person" means a person who
15-14 meets or exceeds the minimum educational standards of the Texas
15-15 Board of Health under Section 2.05(f) of this Act.
15-16 (15) [(16)] "Registrant" means an individual, other
15-17 than a practitioner or medical radiologic technologist, who meets
15-18 the requirements of Section 2.05(f) of this Act.
15-19 SECTION 10. Section 1, Chapter 829, Acts of the 69th
15-20 Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
15-21 Civil Statutes), is amended to read as follows:
15-22 Sec. 1. DEFINITIONS. In this Act:
15-23 (1) ["Advisory board" means the Respiratory Care
15-24 Practitioners Advisory Board.]
15-25 [(2)] "Board of health" means the Texas Board of
16-1 Health.
16-2 (2) [(3)] "Department" means the Texas Department of
16-3 Health.
16-4 (3) [(4)] "Respiratory care" means the treatment,
16-5 management, control, diagnostic evaluation, and care of patients
16-6 who have deficiencies and abnormalities associated with the
16-7 cardiorespiratory system.
16-8 (4) [(5)] "Respiratory care practitioner" means a
16-9 person permitted or certified under this Act to practice
16-10 respiratory care.
16-11 (5) [(6)] "Respiratory care procedure" means
16-12 respiratory care provided by the therapeutic and diagnostic use of
16-13 medical gases, humidifiers, and aerosols, the administration of
16-14 drugs and medications to the cardiorespiratory system, ventilatory
16-15 assistance and ventilatory control, postural drainage, chest
16-16 drainage, chest percussion or vibration, breathing exercises,
16-17 respiratory rehabilitation, cardiopulmonary resuscitation,
16-18 maintenance of natural airways, and the insertion and maintenance
16-19 of artificial airways. The term includes a technique employed to
16-20 assist in diagnosis, monitoring, treatment, and research, including
16-21 the measurement of ventilatory volumes, pressures and flows, the
16-22 specimen collection of blood and other materials, pulmonary
16-23 function testing, and hemodynamic and other related physiological
16-24 forms of monitoring or treating, as ordered by the patient's
16-25 physician, the cardiorespiratory system.
17-1 SECTION 11. Subsection (d), Section 3, Chapter 829, Acts of
17-2 the 69th Legislature, Regular Session, 1985 (Article 4512l,
17-3 Vernon's Texas Civil Statutes), is amended to read as follows:
17-4 (d) The [After consultation with the advisory board, the]
17-5 board of health by rule shall establish examination requirements
17-6 for a certificate under this Act. The board of health may use the
17-7 entry level examination prepared by the National Board for
17-8 Respiratory Care or an equivalent examination.
17-9 SECTION 12. The following are repealed:
17-10 (1) Sections 12.072, 12.073, 12.074, 31.017, 36.015,
17-11 43.015, 87.006, 241.081, 241.082, 241.083, 241.084, 241.085,
17-12 311.038, 431.208, 502.013, 773.006, 773.118, and 773.172, Health
17-13 and Safety Code;
17-14 (2) Section 13, Texas Asbestos Health Protection Act
17-15 (Article 4477-3a, Vernon's Texas Civil Statutes);
17-16 (3) Section 10, Chapter 796, Acts of the 72nd
17-17 Legislature, Regular Session, 1991 (Article 4447bb, Vernon's Texas
17-18 Civil Statutes);
17-19 (4) Sections 8 and 9, Chapter 752, Acts of the 69th
17-20 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
17-21 Civil Statutes);
17-22 (5) Section 2.04, Medical Radiologic Technologist
17-23 Certification Act (Article 4512m, Vernon's Texas Civil Statutes);
17-24 and
17-25 (6) Sections 2 and 14, Chapter 829, Acts of the 69th
18-1 Legislature, 1985 (Article 4512l, Vernon's Texas Civil Statutes).
18-2 SECTION 13. This Act takes effect September 1, 1997.
18-3 SECTION 14. The importance of this legislation and the
18-4 crowded condition of the calendars in both houses create an
18-5 emergency and an imperative public necessity that the
18-6 constitutional rule requiring bills to be read on three several
18-7 days in each house be suspended, and this rule is hereby suspended.
18-8 COMMITTEE AMENDMENT NO. 1
18-9 Amend S.B. No. 1517 as follows:
18-10 (1) Strike SECTION 4 of the bill.
18-11 (2) Renumber subsequent sections appropriately.
18-12 75R14413 SKB-D Berlanga