1-1 By: Truan S.B. No. 1517
1-2 (In the Senate - Filed March 13, 1997; March 20, 1997, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 24, 1997, reported favorably by the following vote: Yeas 10,
1-5 Nays 1; April 24, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the repeal of certain advisory committees of the Texas
1-9 Department of Health.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 773.112, Health and
1-12 Safety Code, is amended to read as follows:
1-13 (a) The board by rule shall adopt minimum standards and
1-14 objectives to implement emergency medical services and trauma care
1-15 systems. The board by rule shall provide for the designation of
1-16 trauma facilities and for triage, transfer, and transportation
1-17 policies [that reflect the recommendations of the technical
1-18 advisory committee]. The board [and the technical advisory
1-19 committee] shall consider guidelines adopted by the American
1-20 College of Surgeons and the American College of Emergency
1-21 Physicians in adopting rules under this section.
1-22 SECTION 2. Section 241.003, Health and Safety Code, is
1-23 amended to read as follows:
1-24 Sec. 241.003. DEFINITIONS. In this chapter:
1-25 (1) "Board" means the Texas Board of Health.
1-26 (2) ["Council" means the Hospital Licensing Advisory
1-27 Council.]
1-28 [(3)] "Department" means the Texas Department of
1-29 Health.
1-30 (3) [(4)] "General hospital" means an establishment
1-31 that:
1-32 (A) offers services, facilities, and beds for
1-33 use for more than 24 hours for two or more unrelated individuals
1-34 requiring diagnosis, treatment, or care for illness, injury,
1-35 deformity, abnormality, or pregnancy; and
1-36 (B) regularly maintains, at a minimum, clinical
1-37 laboratory services, diagnostic X-ray services, treatment
1-38 facilities including surgery or obstetrical care or both, and other
1-39 definitive medical or surgical treatment of similar extent.
1-40 (4) [(5)] "Governmental unit" means a political
1-41 subdivision of the state, including a hospital district, county, or
1-42 municipality, and any department, division, board, or other agency
1-43 of a political subdivision.
1-44 (5) [(6)] "Hospital" includes a general hospital and a
1-45 special hospital.
1-46 (6) [(7)] "Medical staff" means a physician or group
1-47 of physicians and a podiatrist or group of podiatrists who by
1-48 action of the governing body of a hospital are privileged to work
1-49 in and use the facilities of a hospital for or in connection with
1-50 the observation, care, diagnosis, or treatment of an individual who
1-51 is, or may be, suffering from a mental or physical disease or
1-52 disorder or a physical deformity or injury.
1-53 (7) [(8)] "Person" means an individual, firm,
1-54 partnership, corporation, association, or joint stock company, and
1-55 includes a receiver, trustee, assignee, or other similar
1-56 representative of those entities.
1-57 (8) [(9)] "Physician" means a physician licensed by
1-58 the Texas State Board of Medical Examiners.
1-59 (9) [(10)] "Podiatrist" means a podiatrist licensed by
1-60 the Texas State Board of Podiatric Medical Examiners.
1-61 (10) [(11)] "Special hospital" means an establishment
1-62 that:
1-63 (A) offers services, facilities, and beds for
1-64 use for more than 24 hours for two or more unrelated individuals
2-1 who are regularly admitted, treated, and discharged and who require
2-2 services more intensive than room, board, personal services, and
2-3 general nursing care;
2-4 (B) has clinical laboratory facilities,
2-5 diagnostic X-ray facilities, treatment facilities, or other
2-6 definitive medical treatment;
2-7 (C) has a medical staff in regular attendance;
2-8 and
2-9 (D) maintains records of the clinical work
2-10 performed for each patient.
2-11 SECTION 3. Subsection (a), Section 241.026, Health and
2-12 Safety Code, is amended to read as follows:
2-13 (a) The board[, with the advice of the council,] shall adopt
2-14 and enforce rules to further the purposes of this chapter. The
2-15 rules at a minimum shall address:
2-16 (1) minimum requirements for staffing by physicians
2-17 and nurses;
2-18 (2) hospital services relating to patient care;
2-19 (3) fire prevention, safety, and sanitation
2-20 requirements in hospitals;
2-21 (4) patient care and a patient bill of rights; and
2-22 (5) compliance with other state and federal laws
2-23 affecting the health, safety, and rights of hospital patients.
2-24 SECTION 4. Subsections (b) and (c), Section 142.016, Health
2-25 and Safety Code, are amended to read as follows:
2-26 (b) [The Board of Nurse Examiners and the department shall
2-27 consult with an advisory committee in developing, modifying, or
2-28 renewing the memorandum of understanding. The advisory committee
2-29 shall be appointed by the Board of Nurse Examiners and the
2-30 department and at a minimum shall include:]
2-31 [(1) one representative from the Board of Nurse
2-32 Examiners and one representative from the department to serve as
2-33 cochairmen;]
2-34 [(2) one representative from the Texas Department of
2-35 Mental Health and Mental Retardation;]
2-36 [(3) one representative from the Texas Department of
2-37 Human Services;]
2-38 [(4) one representative from the Texas Nurses
2-39 Association;]
2-40 [(5) one representative from the Texas Association for
2-41 Home Care, Incorporated, or its successor;]
2-42 [(6) one representative from the Texas Hospice
2-43 Organization, Incorporated, or its successor;]
2-44 [(7) one representative of the Texas Respite Resource
2-45 Network or its successor; and]
2-46 [(8) two representatives of organizations such as the
2-47 Personal Assistance Task Force or the Disability Consortium that
2-48 advocate for clients in community-based settings.]
2-49 [(c)] The department shall prepare guidelines according to
2-50 the memorandum of understanding required by Subsection (a) for
2-51 licensed home and community support services agencies in providing
2-52 personal assistance services to clients.
2-53 SECTION 5. Sections 3 and 5, Opticians' Registry Act
2-54 (Article 4551-1, Vernon's Texas Civil Statutes), are amended to
2-55 read as follows:
2-56 Sec. 3. DEFINITIONS. In this Act:
2-57 (1) "Board" means the Texas Board of Health.
2-58 (2) "Contact lens dispensing" means the fabrication,
2-59 ordering, mechanical adjustment, dispensing, sale, and delivery to
2-60 the consumer of contact lenses prescribed by and dispensed in
2-61 accordance with a prescription from a licensed physician or
2-62 optometrist, together with appropriate instructions for the care
2-63 and handling of the lenses. The term does not include the taking
2-64 of any measurements of the eye or the cornea or evaluating the
2-65 physical fit of the contact lenses, unless that action is directed
2-66 or approved by a licensed physician.
2-67 (3) "Contact lens prescription" means a written
2-68 specification by a licensed physician or optometrist for
2-69 therapeutic, corrective, or cosmetic contact lenses that states the
3-1 refractive power of the product and other information as required
3-2 by:
3-3 (A) the physician or the Texas State Board of
3-4 Medical Examiners; or
3-5 (B) the optometrist or the Texas Optometry
3-6 Board.
3-7 (4) ["Council" means the Advisory Council of the
3-8 Opticians' Registry.]
3-9 [(5)] "Department" means the Texas Department of
3-10 Health.
3-11 (5) [(6)] "Dispensing optician" or "ophthalmic
3-12 dispenser" means a person who provides or offers to provide
3-13 spectacle or contact lens dispensing services or products to the
3-14 public.
3-15 (6) [(7)] "Spectacle dispensing" means the design,
3-16 verification, fitting, adjustment, sale, and delivery to the
3-17 consumer of fabricated and finished spectacle lenses, frames, or
3-18 other ophthalmic devices, other than contact lenses, prescribed by
3-19 and dispensed in accordance with a prescription from a licensed
3-20 physician or optometrist. The term includes:
3-21 (A) prescription analysis and interpretation;
3-22 (B) the taking of measurements of the face,
3-23 including interpupillary distances, to determine the size, shape,
3-24 and specifications of the spectacle lenses or frames best suited to
3-25 the wearer's needs;
3-26 (C) the preparation and delivery of work orders
3-27 to laboratory technicians engaged in grinding lenses and
3-28 fabricating spectacles;
3-29 (D) the verification of the quality of finished
3-30 spectacle lenses;
3-31 (E) the adjustment of spectacle lenses or frames
3-32 to the intended wearer's face; and
3-33 (F) the adjustment, repair, replacement,
3-34 reproduction, or duplication of previously prepared spectacle
3-35 lenses, frames, or other specially fabricated optical devices,
3-36 other than contact lenses.
3-37 (7) [(8)] "Spectacle prescription" means a written
3-38 specification by a licensed physician or optometrist for
3-39 therapeutic or corrective lenses that states the refractive power
3-40 of the product and other information as required by the physician
3-41 or optometrist.
3-42 Sec. 5. DUTIES OF BOARD[; ADVISORY COUNCIL]. (a) The board
3-43 shall adopt procedural rules to implement the registration
3-44 procedures under this Act. The board also may adopt substantive
3-45 and procedural rules relating to:
3-46 (1) the minimum requirements for the registration of
3-47 dispensing opticians;
3-48 (2) the probation, suspension, denial, or revocation
3-49 of a registration;
3-50 (3) the setting of fees under this Act; and
3-51 (4) the adoption of forms required by this Act.
3-52 (b) The board may not adopt substantive rules relating to
3-53 this Act other than substantive rules described by Subsection (a)
3-54 of this section.
3-55 [(c) The board shall appoint a nine-member advisory council
3-56 to be known as the Advisory Council of the Opticians' Registry to
3-57 advise the board on matters relating to implementation of this Act.
3-58 The members shall be appointed from different geographical areas to
3-59 ensure representation of urban and rural interests.]
3-60 [(d) The board shall appoint members of the council as
3-61 follows:]
3-62 [(1) three must be opticians eligible for registration
3-63 under this Act, one of whom is eligible only as a contact lens
3-64 dispensing optician, one of whom is eligible only as a spectacle
3-65 dispensing optician, and one of whom is eligible for registration
3-66 in either category;]
3-67 [(2) two must be physicians licensed and practicing in
3-68 this state whose practice is limited to ophthalmology;]
3-69 [(3) two must be optometrists licensed and practicing
4-1 in this state; and]
4-2 [(4) two must be consumers who do not have, and whose
4-3 spouses do not have, a direct or indirect interest in any health
4-4 care related business or trade association.]
4-5 [(e) The council shall annually elect a chairman and
4-6 vice-chairman.]
4-7 [(f) A council member is not entitled to compensation for
4-8 service on the council, but is entitled to the per diem and
4-9 transportation allowance for state officials set in the General
4-10 Appropriations Act for each day that the member engages in the
4-11 business of the council.]
4-12 [(g) Members are appointed for staggered terms of six years,
4-13 with three terms beginning March 1 of each odd-numbered year.
4-14 Members shall serve until the expiration of the term to which they
4-15 have been appointed or until their successors have qualified. A
4-16 member may not serve more than two consecutive terms.]
4-17 SECTION 6. Section 1, Chapter 752, Acts of the 69th
4-18 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
4-19 Civil Statutes), is amended to read as follows:
4-20 Sec. 1. DEFINITIONS. In this Act:
4-21 (1) "Massage therapy" means the manipulation of soft
4-22 tissue. The term includes, but is not limited to, effleurage
4-23 (stroking), petrissage (kneading), tapotement (percussion),
4-24 compression, vibration, friction, nerve strokes, and Swedish
4-25 gymnastics, either by hand or with mechanical or electrical
4-26 apparatus for the purpose of body massage. Massage therapy may
4-27 include the use of oil, salt glows, heat lamps, hot and cold packs,
4-28 tub, shower, or cabinet baths. Equivalent terms for massage
4-29 therapy are massage, therapeutic massage, massage technology,
4-30 myo-therapy, body massage, body rub, or any derivation of those
4-31 terms. Massage therapy is a health care service when the massage
4-32 therapy is for therapeutic purposes. As used in the Act, the terms
4-33 "therapy" and "therapeutic" do not include diagnosis, the treatment
4-34 of illness or disease, or any service or procedure for which a
4-35 license to practice medicine, chiropractic, physical therapy, or
4-36 podiatry is required by law. Massage therapy does not constitute
4-37 the practice of chiropractic.
4-38 (2) "Massage therapist" means an individual who
4-39 practices or administers massage therapy to a patron of either
4-40 gender for compensation. The term includes a registered massage
4-41 therapist, therapeutic massage practitioner, massage technician,
4-42 masseur, masseuse, myo-therapist, body massager, body rubber, or
4-43 any derivation of those titles.
4-44 (3) "Massage therapy instructor" means an individual
4-45 who is a registered massage therapist, who is instructing one or
4-46 more students in massage therapy, and whose instruction is approved
4-47 by the department.
4-48 (4) "Massage establishment" means any place of
4-49 business that advertises massage therapy or offers massage therapy
4-50 as a service.
4-51 (5) "Department" means the Texas Department of Health.
4-52 (6) "Board" means the Texas Board of Health.
4-53 (7) ["Advisory Council" means the Advisory Council on
4-54 Massage Therapy.]
4-55 [(8)] "Person" means an individual, partnership,
4-56 corporation, association, or other legal entity.
4-57 (8) [(9)] "Massage school" means an entity or
4-58 organization with at least two instructors that teaches, at a
4-59 minimum, the course of instruction required for registration as a
4-60 massage therapist under this Act.
4-61 (9) [(10)] "Instructor" means an individual who
4-62 instructs one or more students in any section of the course of
4-63 instruction required for registration as a massage therapist.
4-64 (10) [(11)] "Applicant" means a person, including a
4-65 massage school, a massage therapy instructor, or a massage
4-66 establishment, that applies for registration under this Act.
4-67 (11) [(12)] "Examiner" means a registered massage
4-68 therapist who administers the practical portion of the state
4-69 examination to applicants for registration as massage therapists.
5-1 (12) [(13)] "Internship program" means a program
5-2 supervised by a massage therapy instructor in which a student
5-3 provides massage therapy to the general public. The massage
5-4 therapy may be for compensation in an amount set by the massage
5-5 school or massage therapy instructor and paid to the massage school
5-6 or massage therapy instructor.
5-7 (13) [(14)] "Sexually oriented business" has the
5-8 meaning assigned by Section 243.002, Local Government Code, unless
5-9 another meaning applies under local law.
5-10 SECTION 7. Subsection (i), Section 2A, Chapter 752, Acts of
5-11 the 69th Legislature, Regular Session, 1985 (Article 4512k,
5-12 Vernon's Texas Civil Statutes), is amended to read as follows:
5-13 (i) An internship program must meet the qualifications
5-14 established by the board [with the advice of the advisory council].
5-15 SECTION 8. Subsections (a), (d), (e), and (f), Section 7,
5-16 Chapter 752, Acts of the 69th Legislature, Regular Session, 1985
5-17 (Article 4512k, Vernon's Texas Civil Statutes), are amended to read
5-18 as follows:
5-19 (a) The board[, with the advice of the advisory council,]
5-20 shall adopt rules consistent with this Act, including rules
5-21 relating to the definition of "unprofessional conduct" as that term
5-22 is used by Section 11(a)(4) of this Act, as necessary for the
5-23 performance of its duties under this Act. The board shall adopt
5-24 the rules in the manner provided by the Administrative Procedure
5-25 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
5-26 Statutes).
5-27 (d) The department shall prepare and administer a state
5-28 examination as required to implement this Act. The department may
5-29 hire examiners [with the recommendation of the advisory council].
5-30 An examiner is entitled to compensation and the state per diem
5-31 allowance as set by the General Appropriations Act for
5-32 transportation and related expenses incurred by the examiner in
5-33 engaging in the business of the department.
5-34 (e) [The board and department shall cooperate with the
5-35 advisory council in the administration of this Act, and shall make
5-36 available to the advisory council reports, statistical information,
5-37 and other information as reasonably necessary for the advisory
5-38 council to perform its duties under this Act.]
5-39 [(f)] The department shall regulate all massage school and
5-40 massage therapy instructor hours.
5-41 SECTION 9. Section 2.03, Medical Radiologic Technologist
5-42 Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
5-43 is amended to read as follows:
5-44 Sec. 2.03. DEFINITIONS. In this Act:
5-45 (1) ["Advisory board" means the Medical Radiologic
5-46 Technologist Advisory Board.]
5-47 [(2)] "Department" means the Texas Department of
5-48 Health.
5-49 (2) [(3)] "Radiologic technology" means the
5-50 administration of radiation to a person for medical purposes.
5-51 (3) [(4)] "Radiation" means ionizing radiation in
5-52 amounts beyond normal background levels from sources such as
5-53 medical and dental radiologic procedures.
5-54 (4) [(5)] "Radiologic procedure" means any procedure
5-55 or article intended for use in the diagnosis of disease or other
5-56 medical or dental conditions in humans (including diagnostic X-rays
5-57 or nuclear medicine procedures) or the cure, mitigation, treatment,
5-58 or prevention of disease in humans that achieves its intended
5-59 purpose through the emission of radiation.
5-60 (5) [(6)] "Practitioner" means a doctor of medicine,
5-61 osteopathy, podiatry, dentistry, or chiropractic who is licensed
5-62 under the laws of this state and who prescribes radiologic
5-63 procedures for other persons.
5-64 (6) [(7)] "Medical radiologic technologist" means a
5-65 person certified under this Act, other than a practitioner, who,
5-66 under the direction of a practitioner, intentionally administers
5-67 radiation to other persons for medical purposes.
5-68 (7) [(8)] "Certification" means an authorization to
5-69 administer radiation to a person for medical purposes.
6-1 (8) [(9)] "General certification" means an
6-2 authorization to perform radiologic procedures authorized by this
6-3 Act.
6-4 (9) [(10)] "Limited certification" means an
6-5 authorization to perform radiologic procedures that are limited to
6-6 specific parts of the human body.
6-7 (10) [(11)] "Temporary certification, general or
6-8 limited," means an authorization to perform radiologic procedures
6-9 for a limited period, not to exceed one year.
6-10 (11) [(12)] "Registered Nurse" means a person licensed
6-11 by the Board of Nurse Examiners to practice professional nursing.
6-12 (12) [(13)] "Direct supervision" means supervision and
6-13 control by a medical radiologic technologist or a practitioner who
6-14 assumes legal liability for a student employed to perform a
6-15 radiologic procedure and enrolled in a program that meets the
6-16 requirements adopted by rule under Section 2.05 of this Act, and
6-17 who is physically present during the conduct of a radiologic
6-18 procedure to provide consultation or direct the action of the
6-19 student.
6-20 (13) [(14)] "Education program" means clinical
6-21 training or any other program offered by an organization approved
6-22 by the Texas Board of Health that:
6-23 (A) has a specified objective;
6-24 (B) includes planned activities for the
6-25 participants; and
6-26 (C) uses an approved method for measuring the
6-27 progress of the participants.
6-28 (14) [(15)] "Authorized person" means a person who
6-29 meets or exceeds the minimum educational standards of the Texas
6-30 Board of Health under Section 2.05(f) of this Act.
6-31 (15) [(16)] "Registrant" means an individual, other
6-32 than a practitioner or medical radiologic technologist, who meets
6-33 the requirements of Section 2.05(f) of this Act.
6-34 SECTION 10. Section 1, Chapter 829, Acts of the 69th
6-35 Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
6-36 Civil Statutes), is amended to read as follows:
6-37 Sec. 1. DEFINITIONS. In this Act:
6-38 (1) ["Advisory board" means the Respiratory Care
6-39 Practitioners Advisory Board.]
6-40 [(2)] "Board of health" means the Texas Board of
6-41 Health.
6-42 (2) [(3)] "Department" means the Texas Department of
6-43 Health.
6-44 (3) [(4)] "Respiratory care" means the treatment,
6-45 management, control, diagnostic evaluation, and care of patients
6-46 who have deficiencies and abnormalities associated with the
6-47 cardiorespiratory system.
6-48 (4) [(5)] "Respiratory care practitioner" means a
6-49 person permitted or certified under this Act to practice
6-50 respiratory care.
6-51 (5) [(6)] "Respiratory care procedure" means
6-52 respiratory care provided by the therapeutic and diagnostic use of
6-53 medical gases, humidifiers, and aerosols, the administration of
6-54 drugs and medications to the cardiorespiratory system, ventilatory
6-55 assistance and ventilatory control, postural drainage, chest
6-56 drainage, chest percussion or vibration, breathing exercises,
6-57 respiratory rehabilitation, cardiopulmonary resuscitation,
6-58 maintenance of natural airways, and the insertion and maintenance
6-59 of artificial airways. The term includes a technique employed to
6-60 assist in diagnosis, monitoring, treatment, and research, including
6-61 the measurement of ventilatory volumes, pressures and flows, the
6-62 specimen collection of blood and other materials, pulmonary
6-63 function testing, and hemodynamic and other related physiological
6-64 forms of monitoring or treating, as ordered by the patient's
6-65 physician, the cardiorespiratory system.
6-66 SECTION 11. Subsection (d), Section 3, Chapter 829, Acts of
6-67 the 69th Legislature, Regular Session, 1985 (Article 4512l,
6-68 Vernon's Texas Civil Statutes), is amended to read as follows:
6-69 (d) The [After consultation with the advisory board, the]
7-1 board of health by rule shall establish examination requirements
7-2 for a certificate under this Act. The board of health may use the
7-3 entry level examination prepared by the National Board for
7-4 Respiratory Care or an equivalent examination.
7-5 SECTION 12. The following are repealed:
7-6 (1) Sections 12.072, 12.073, 12.074, 31.017, 36.015,
7-7 43.015, 87.006, 241.081, 241.082, 241.083, 241.084, 241.085,
7-8 311.038, 431.208, 502.013, 773.006, 773.118, and 773.172, Health
7-9 and Safety Code;
7-10 (2) Section 13, Texas Asbestos Health Protection Act
7-11 (Article 4477-3a, Vernon's Texas Civil Statutes);
7-12 (3) Section 10, Chapter 796, Acts of the 72nd
7-13 Legislature, Regular Session, 1991 (Article 4447bb, Vernon's Texas
7-14 Civil Statutes);
7-15 (4) Sections 8 and 9, Chapter 752, Acts of the 69th
7-16 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
7-17 Civil Statutes);
7-18 (5) Section 2.04, Medical Radiologic Technologist
7-19 Certification Act (Article 4512m, Vernon's Texas Civil Statutes);
7-20 and
7-21 (6) Sections 2 and 14, Chapter 829, Acts of the 69th
7-22 Legislature, 1985 (Article 4512l, Vernon's Texas Civil Statutes).
7-23 SECTION 13. This Act takes effect September 1, 1997.
7-24 SECTION 14. The importance of this legislation and the
7-25 crowded condition of the calendars in both houses create an
7-26 emergency and an imperative public necessity that the
7-27 constitutional rule requiring bills to be read on three several
7-28 days in each house be suspended, and this rule is hereby suspended.
7-29 * * * * *