78R4142 YDB-D
By: Zedler H.B. No. 2834
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of surgical technologists;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 3, Occupations Code, is
amended by adding Chapter 207 to read as follows:
CHAPTER 207. SURGICAL TECHNOLOGISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 207.001. DEFINITIONS. In this chapter:
(1) "Board" means the Board of Surgical Technologists.
(2) "Commissioner" means the commissioner of public
health.
(3) "Department" means the Texas Department of Health.
(4) "Physician" has the meaning assigned by Section
151.002.
(5) "Supervising physician" means a physician or a
doctor of osteopathic medicine who assumes responsibility and
liability for the services provided by a licensed surgical
technologist.
(6) "Surgical technologist" means a person who
prepares the intraoperative setting for surgery and performs
functions within the person's scope of practice under the
supervision of a physician.
Sec. 207.002. APPLICATION OF SUNSET ACT. The Board of
Surgical Technologists is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2015.
[Sections 207.003-207.050 reserved for expansion]
SUBCHAPTER B. BOARD OF SURGICAL TECHNOLOGISTS
Sec. 207.051. BOARD; MEMBERSHIP. (a) The Board of Surgical
Technologists is part of the department and shall perform its
duties as a board within the department.
(b) The board consists of nine members appointed by the
governor with the advice and consent of the senate as follows:
(1) three members who are practicing surgical
technologists licensed under this chapter, each of whom has at
least five years of clinical experience as a surgical technologist;
(2) three members who are supervising physicians; and
(3) three members who represent the public.
(c) Appointments to the board shall reflect the historical
and cultural diversity of the inhabitants of this state.
(d) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
Sec. 207.052. PUBLIC MEMBER ELIGIBILITY. A person may not
be a public member of the board if the person or the person's
spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of surgical technology;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Sec. 207.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interests.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and
its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of surgical
technology; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of surgical
technology.
(c) A person may not be a member of the board or act as the
general counsel to the board or the department if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the board.
Sec. 207.054. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 207.051;
(2) does not maintain during service on the board the
qualifications required by Section 207.051;
(3) is ineligible for membership under Section 207.052
or 207.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term;
(5) violates this chapter; or
(6) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive secretary has knowledge that a
potential ground for removal exists, the executive secretary shall
notify the presiding officer of the potential ground. The presiding
officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential ground
for removal involves the presiding officer, the executive secretary
shall notify the next highest ranking officer of the board, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.
Sec. 207.055. TERMS; VACANCY. (a) Board members serve
staggered six-year terms with the terms of three members expiring
on February 1 of each odd-numbered year.
(b) If a vacancy occurs on the board, the governor shall
appoint a successor to serve for the unexpired portion of the term.
Sec. 207.056. COMPENSATION. (a) A member or employee of
the board is entitled to compensation and reimbursement of travel
expenses incurred by the member or employee as provided by the
General Appropriations Act.
(b) A member may not receive compensation for services.
Sec. 207.057. OFFICERS. Not later than March 1 of each
odd-numbered year, the board shall elect from among its members a
presiding officer and an assistant presiding officer, who hold
office according to board rule.
Sec. 207.058. MEETINGS. (a) The board shall meet at least
twice annually.
(b) The board may hold additional meetings on the call of
the presiding officer or at the written request of any four members
of the board.
Sec. 207.059. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict of interest laws; and
(8) any applicable ethics policies adopted by the
department or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program,
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
[Sections 207.060-207.100 reserved for expansion]
SUBCHAPTER C. BOARD POWERS AND DUTIES
Sec. 207.101. GENERAL POWERS AND DUTIES. The board shall
administer this chapter and shall:
(1) adopt rules necessary to administer and enforce
this chapter;
(2) prescribe the application form for a surgical
technologist license; and
(3) develop requirements for out-of-state applicants.
Sec. 207.102. ASSISTANCE BY DEPARTMENT. (a) The
department shall provide personnel and facilities necessary to
administer this chapter.
(b) If necessary to administer this chapter, the department
by agreement may:
(1) obtain and provide compensation for services; and
(2) employ professional consultants, technical
assistants, or other persons on a full-time or part-time basis.
Sec. 207.103. EXECUTIVE SECRETARY. The commissioner shall
designate a department employee to serve as executive secretary of
the board.
Sec. 207.104. EXECUTIVE SECRETARY POWERS AND DUTIES. In
addition to performing the duties prescribed by this chapter and
the board, the executive secretary shall:
(1) administer licensing activity for the board;
(2) keep full and accurate minutes of the board's
transactions and proceedings;
(3) serve as custodian of the board's files and other
records;
(4) prepare and recommend to the board plans and
procedures necessary to implement the objectives of this chapter,
including rules and proposals on administrative procedure;
(5) exercise general supervision over persons
employed by the department in the administration of this chapter;
(6) investigate complaints and present formal
complaints;
(7) attend all board meetings as a nonvoting
participant;
(8) handle the board's correspondence; and
(9) obtain, assemble, or prepare reports and other
information as directed or authorized by the board.
Sec. 207.105. FEES. The board by rule shall set fees under
this chapter in amounts reasonable and necessary to cover the cost
of administering this chapter.
Sec. 207.106. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the staff of the department assigned to the
board under this chapter.
Sec. 207.107. STANDARDS OF CONDUCT INFORMATION. The
commissioner or the commissioner's designee shall provide to
members of the board and to department employees assigned to the
board, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
Sec. 207.108. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
executive secretary or the executive secretary's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the department's personnel assigned to the board is in
accordance with state and federal law and a description of
reasonable methods to achieve compliance with state and federal
law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the state Commission on Human Rights
for compliance with Subsection (b)(1); and
(3) filed with the governor.
Sec. 207.109. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive secretary or the executive secretary's designee shall
provide to department employees assigned to the board information
and training on the benefits and methods of participation in the
state employee incentive program.
Sec. 207.110. TECHNOLOGY POLICY. The board shall develop
and implement a policy that requires the executive secretary and
department employees to research and propose appropriate
technological solutions to improve the board's ability to perform
its mission. The technological solutions must:
(1) ensure that the public is able to easily find
information about the board on the Internet;
(2) ensure that persons who use the board's services
are able to:
(A) interact with the board through the Internet;
and
(B) access any services that can be provided
effectively through the Internet; and
(3) be cost effective and developed through the
board's planning processes.
Sec. 207.111. ALTERNATIVE DISPUTE RESOLUTION POLICY. (a)
The board shall develop and implement a policy to encourage the use
of appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for alternative dispute resolution; and
(3) collect data concerning the effectiveness of
those procedures, as implemented by the board.
Sec. 207.112. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting advertising
or competitive bidding by a license holder except to prohibit
false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the license holder; or
(4) restricts the license holder's advertisement under
a trade name.
[Sections 207.113-207.150 reserved for expansion]
SUBCHAPTER D. PUBLIC INTEREST AND COMPLAINT PROCEDURES
Sec. 207.151. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules
concerning the investigation of a complaint filed with the board.
The rules adopted under this subsection must:
(1) distinguish among categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the board be advised of a complaint
that is dismissed and that a letter be sent to the person who filed
the complaint explaining the action taken on the dismissed
complaint;
(4) ensure that the person who filed the complaint has
an opportunity to explain the allegations made in the complaint;
and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator.
(b) The board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of
a complaint that is under the control of the board not later than
the 30th day after the date the board receives the complaint.
(c) Each party to the complaint shall be notified of the
projected time requirements for pursuing the complaint. Each party
shall be notified of any change in the schedule established under
Subsection (b)(2) not later than the seventh day after the date the
change is made.
(d) The executive secretary shall notify the board of a
complaint that is not resolved in the time prescribed by the board
for resolving the complaint so that the board may take necessary
action on the complaint.
Sec. 207.152. COMPLAINTS. The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of the
board for the purpose of directing complaints to the board.
Sec. 207.153. RECORD OF COMPLAINTS. (a) The board shall
maintain a file on each written complaint filed with the board. The
file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint was received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution.
(c) The board, at least quarterly and until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
undercover investigation.
Sec. 207.154. SUBPOENAS. (a) In an investigation of a
complaint filed with the board, the board may request that the
commissioner or the commissioner's designee approve the issuance of
a subpoena. If the request is approved, the board may issue a
subpoena to compel the attendance of a relevant witness or the
production, for inspection or copying, of relevant evidence that is
in this state.
(b) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with the subpoena, the
board, acting through the attorney general, may file suit to
enforce the subpoena in a district court in Travis County or in the
county in which a hearing conducted by the board may be held.
(d) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena. The court may punish a person who fails to obey the court
order.
(e) The board may delegate the authority granted under
Subsection (a) to the executive secretary.
(f) The board shall pay a reasonable fee for photocopies
subpoenaed under this section in an amount not to exceed the amount
the board may charge for copies of its records.
(g) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
(h) All information and materials subpoenaed or compiled by
the department or board in connection with a complaint and
investigation are confidential and not subject to disclosure under
Chapter 552, Government Code, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for release
to anyone other than the board, the department, or employees or
agents involved in discipline of a license holder, except that this
information may be disclosed to:
(1) surgical technologist licensing or disciplinary
boards in other jurisdictions;
(2) peer assistance programs approved by the board
under Chapter 467, Health and Safety Code;
(3) law enforcement agencies; and
(4) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the board against a
license holder, the nature of the charges, disciplinary proceedings
of the board, and final disciplinary actions by the board,
including warnings and reprimands, are not confidential and are
subject to disclosure in accordance with Chapter 552, Government
Code.
Sec. 207.155. PUBLIC PARTICIPATION. The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the board.
[Sections 207.156-207.200 reserved for expansion]
SUBCHAPTER E. LICENSE REQUIREMENTS
Sec. 207.201. LICENSE REQUIRED. A person may not use the
title "licensed surgical technologist" or use any form or
abbreviation of that title to indicate or imply the person is a
licensed surgical technologist unless the person holds a license
under this chapter.
Sec. 207.202. ISSUANCE OF LICENSE. (a) The board shall
issue a surgical technologist license to a person who meets the
requirements of this chapter and the rules adopted under this
chapter.
(b) An applicant for a license must submit to the board:
(1) the prescribed application form;
(2) the required application fee; and
(3) any other information the board considers
necessary to evaluate the applicant's qualifications.
Sec. 207.203. APPLICANT QUALIFICATIONS. An applicant for a
surgical technologist license must:
(1) have successfully completed an educational
program for surgical technologists accredited by the Commission on
Accreditation of Allied Health Education Programs or another entity
approved by the board;
(2) have passed the national surgical technologist's
certifying examination administered by the Liaison Council on
Certification for the Surgical Technologist or by another entity
approved by the board;
(3) certify that the applicant is mentally and
physically able to function safely as a surgical technologist;
(4) not have had a license or certification as a
surgical technologist issued under this chapter or by any other
licensing authority revoked, suspended, or subject to probation or
other disciplinary action for cause resulting from the applicant's
acts as a surgical technologist, unless the board considers the
disciplinary action in their determination of whether to issue a
license under this chapter;
(5) be of good moral character; and
(6) meet any other requirements established by the
board.
Sec. 207.204. OUT-OF-STATE LICENSE APPLICANTS. (a) Except
as provided by Subsection (b), a license applicant who acts as a
surgical technologist in another state must:
(1) satisfy the requirements of Section 207.203;
(2) submit to the board proof of active engagement as a
surgical technologist in another state; and
(3) meet any other requirement established by the
board.
(b) The board may waive any prerequisite to obtaining a
license for an applicant under this section if, after reviewing the
applicant's credentials, the board determines that the applicant
holds a license issued by another jurisdiction that has licensing
requirements substantially equivalent to the requirements of this
state.
Sec. 207.205. REQUIREMENTS FOR LICENSE ISSUANCE. An
applicant for a surgical technologist license is entitled to
receive the license if the applicant:
(1) satisfies the requirements of Section 207.203 or
207.204;
(2) pays the required license fee; and
(3) has not committed an act that constitutes grounds
for refusal of a license under Section 207.301.
Sec. 207.206. LICENSE EXPIRATION. (a) Except as provided
by Subsection (b), a license issued under this subchapter expires
on the second anniversary of the date of issuance.
(b) The board by rule may adopt a system under which
licenses expire on various dates during the year. For the year in
which the license expiration date is changed, the board shall
prorate license fees on a monthly basis so that each license holder
pays only that portion of the license fee that is allocable to the
number of months during which the license is valid. On renewal of
the license on the new expiration date, the total license renewal
fee is payable.
Sec. 207.207. LICENSE RENEWAL. (a) A person who is
otherwise eligible to renew a license under this chapter may renew
the unexpired license before the expiration date of the license by:
(1) paying the required renewal fee;
(2) submitting the appropriate form;
(3) satisfying the continuing education requirements
of Section 207.209; and
(4) meeting any other requirement established by board
rule.
(b) Not later than the 30th day before the date a person's
license is scheduled to expire, the board shall send written notice
of the impending expiration to the person at the person's last known
address according to the board's records.
Sec. 207.208. RENEWAL OF EXPIRED LICENSE. (a) A person
whose license has expired may not use the title "licensed surgical
technologist" until the license has been renewed.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to 1-1/2 times the normally required renewal fee.
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to the
board a renewal fee that is equal to two times the normally required
renewal fee.
(d) A person whose license has been expired for one year or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures for obtaining an
original license.
Sec. 207.209. CONTINUING EDUCATION. (a) To renew a license
under this chapter, a person must submit proof satisfactory to the
board that the person has complied with the continuing education
requirements required by this chapter and board rule.
(b) An individual licensed under this chapter is required to
participate in 15 hours of continuing education each year.
(c) The board shall develop a process to evaluate and
approve continuing education courses.
[Sections 207.210-207.250 reserved for expansion]
SUBCHAPTER F. PRACTICE BY SURGICAL TECHNOLOGIST
Sec. 207.251. SCOPE OF PRACTICE. (a) The practice of a
surgical technologist includes providing surgical medical services
delegated by a supervising physician that are within the education,
training, and experience of the surgical technologist.
(b) The practice of a surgical technologist may be performed
in any place authorized by a supervising physician, including a
clinic, hospital, ambulatory surgical center, nursing home, or
other institutional setting, or a patient's home.
Sec. 207.252. SUPERVISION REQUIREMENTS. (a) A surgical
technologist may practice only under the continuous supervision of
a supervising physician. The supervision requirement does not
require the physical presence of the supervising physician while
the surgical technologist disassembles instruments and equipment
at the surgical location after the physician performs surgery.
(b) A surgical technologist may have more than one
supervising physician.
Sec. 207.253. REQUIREMENTS FOR ACTING AS SUPERVISING
PHYSICIAN. (a) A supervising physician:
(1) must hold an unrestricted and active license as a
physician in this state; and
(2) retains professional and legal responsibility for
the care provided by a surgical technologist.
(b) In providing supervision, a supervising physician
shall:
(1) identify the surgical technologist's scope of
practice;
(2) delegate only medical tasks appropriate to the
surgical technologist's level of competence;
(3) define the relationship between the surgical team
members; and
(4) ensure that the surgical technologist has access
to the supervising physician.
Sec. 207.254. COPY OF LICENSE AT FACILITY. A person
licensed under this chapter shall maintain a copy of the person's
license in the appropriate records of each health care facility in
which the license holder provides services.
Sec. 207.255. LICENSE HOLDER INFORMATION. A license holder
shall keep the board informed of the license holder's current
address.
Sec. 207.256. IDENTIFICATION REQUIREMENTS. A surgical
technologist licensed under this chapter shall, when engaged in the
surgical technologist's professional activities, wear a name tag
identifying the person as a licensed surgical technologist.
[Sections 207.257-207.300 reserved for expansion]
SUBCHAPTER G. DISCIPLINARY PROCEDURES
Sec. 207.301. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINARY
ACTION. (a) The board may refuse to issue a license, publicly or
privately reprimand a license holder, or suspend, revoke, or place
other restrictions on a license if an applicant or license holder:
(1) fraudulently or deceptively obtains or attempts to
obtain a license;
(2) fraudulently or deceptively uses a license;
(3) violates this chapter or a rule adopted under this
chapter;
(4) is convicted of a felony;
(5) is a habitual user of intoxicants or nontherapeutic
drugs to the extent the person cannot safely perform as a surgical
technologist;
(6) has been adjudicated as mentally incompetent or
has a mental or physical condition that renders the person unable to
safely perform as a surgical technologist;
(7) has committed an act of moral turpitude;
(8) represents that the person is a physician without
being licensed as a physician;
(9) has acted in an unprofessional or dishonorable
manner that is likely to deceive, defraud, or injure a member of the
public;
(10) has failed to practice as a surgical technologist
in an acceptable manner consistent with public health and welfare;
(11) has committed any act that is in violation of the
laws of this state if the act is connected with practice as a
surgical technologist; or
(12) has had the person's license suspended, revoked,
or restricted or has had other disciplinary action taken by another
state or the uniformed services of the United States regarding
practice as a surgical technologist based on acts by the person
similar to acts described in this subsection.
(b) For the purposes of Subsection (a)(11), a complaint,
indictment, or conviction is not necessary for enforcement of that
provision. Proof of the commission of a proscribed act while in
practice as a surgical technologist is sufficient for action by the
board under that subdivision.
(c) For the purposes of Subsection (a)(12), a certified copy
of the record of the state or uniformed services of the United
States that took the action is conclusive evidence of the action.
Sec. 207.302. ADDITIONAL DISCIPLINARY AUTHORITY;
PROBATION. (a) On determining that a surgical technologist has
engaged in conduct described by Section 207.301, the board may:
(1) require a surgical technologist to submit to the
care, counseling, or treatment of a health care practitioner
designated by the board;
(2) stay enforcement of an order and place the
surgical technologist on probation with the board retaining the
right to vacate the probationary stay and enforce the original
order for noncompliance with the terms of probation or impose any
other remedial measure or sanction authorized by this section;
(3) order the surgical technologist to perform public
service; or
(4) require the surgical technologist to complete
additional training.
(b) The board may place on probation a person whose license
is suspended. If a license suspension is probated, the board may
require the person to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice areas to areas prescribed by the
board; or
(3) continue or review professional education until
the person attains a degree of skills satisfactory to the board in
those areas that are the basis of the probation.
Sec. 207.303. NOTIFICATION REQUIRED. The board shall
notify the Association of Surgical Technologists of any
disciplinary action taken against a licensed surgical technologist
under this chapter.
[Sections 207.304-207.350 reserved for expansion]
SUBCHAPTER H. ENFORCEMENT
Sec. 207.351. OFFENSE. (a) A person commits an offense if,
without holding a license under this chapter, the person:
(1) uses the title "licensed surgical technologist";
or
(2) uses any form or abbreviation of the term
"licensed surgical technologist" to indicate or imply that the
person is a licensed surgical technologist.
(b) An offense under this section is a Class B misdemeanor.
SECTION 2. (a) In making the initial appointments to the
Board of Surgical Technologists, the governor shall designate three
members for terms expiring January 31, 2005, three members for
terms expiring January 31, 2007, and three members for terms
expiring January 31, 2009.
(b) The initial members of the Board of Surgical
Technologists who are surgical technologists are not required to be
licensed under Chapter 207, Occupations Code, as added by this Act,
until September 1, 2005.
SECTION 3. (a) The Board of Surgical Technologists shall
issue a surgical technologist license to a qualified applicant
under this section who:
(1) applies for a license under this section not later
than September 1, 2004;
(2) submits to the board the information required by
board rule;
(3) has the experience required by Subsection (b); and
(4) pays the application fee.
(b) An applicant for a license under this section must be:
(1) a certified surgical technologist on the effective
date of this Act; or
(2) a certified surgical technologist/certified first
assistant on the effective date of this Act.
(c) An applicant for a license under this section is
eligible to sit for the examination to receive a surgical
technologist license if the applicant:
(1) applies to the board not later than the first
anniversary of the date the board adopts the rules required by
Chapter 207, Occupations Code, as added by this Act;
(2) is a surgical technologist who:
(A) has successfully completed a program
accredited by the Commission on Accreditation of Allied Health
Education Programs, but has not taken the certification
examination;
(B) is not certified, but is employed as a
surgical technologist; or
(C) has successfully completed a surgical
technologist program other than a program accredited by the
Commission on Accreditation of Allied Health Education Programs and
is employed as a surgical technologist; and
(3) provides written documentation signed by an
operating room director or surgeon showing that the applicant has
completed or will complete not later than the first anniversary of
the application date:
(A) college level courses in:
(i) anatomy and physiology;
(ii) microbiology or pathology;
(iii) medical or surgical terminology; and
(iv) pharmacology; and
(B) caseload requirements as solo first scrub
for:
(i) 50 general cases;
(ii) 25 gynecology cases;
(iii) 25 orthopedic cases; and
(iv) 25 neurology, cardiovascular, or ear,
nose, and throat cases.
(d) This section expires September 1, 2005.
(e) The Board of Surgical Technologists shall adopt rules
under Chapter 207, Occupations Code, as added by this Act, not later
than June 1, 2004.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2003.
(b) Section 207.201 and Subchapters G and H, Chapter 207,
Occupations Code, as added by this Act, take effect September 1,
2005.