78R5710 SMH-F

By:  Capelo                                                       H.B. No. 3008



A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of surgical assistants.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 206.203(b), Occupations Code, is amended 
to read as follows:
	(b)  In addition to meeting the requirements of Subsection 
(a), a person must:
		(1)  pass the examination required by Section 206.204;                        
		(2)  hold at least an associate's degree based on 
completion of an educational program that is substantially 
equivalent to the education required for a registered nurse or 
physician assistant who specializes in surgical assisting;
		(3)  demonstrate to the satisfaction of the medical 
board the completion of full-time work experience performed in this 
country under the direct supervision of a physician licensed in 
this country and consisting of at least 1,200 [2,000] hours of 
performance as an assistant in surgical procedures for the three 
years preceding the date of application; and
		(4)  possess a current certification by a national 
certifying body approved by the medical board.
	SECTION 2.  Section 206.205, Occupations Code, is amended by 
amending Subsections (b) and (c) and adding Subsection (d) to read 
as follows:
	(b)  A person who is otherwise eligible for a license under 
Section 206.203 is not required to meet the educational 
requirements under Section 206.203(b)(2) if:
		(1)  the person applies for a license under this 
section before September 1, 2002, and:
			(A) [(1)]  will complete before the third 
anniversary of the date the license is issued under this 
subdivision [subsection] the following academic courses approved 
by the medical board:
				(i) [(A)]  anatomy;                                 
				(ii) [(B)]  physiology;                             
				(iii) [(C)]  basic pharmacology;                    
				(iv) [(D)]  aseptic techniques;                     
				(v) [(E)]  operative procedures;                    
				(vi) [(F)]  chemistry; and                          
				(vii) [(G)]  microbiology; or                       
			(B) [(2)]  has been continuously certified since 
September 30, 1995, as a surgical assistant by a national 
certifying body approved by the medical board and has practiced 
full-time as a surgical assistant under the direct supervision of a 
physician licensed in this country; or
		(2)  the person applies for a license under this 
section before September 1, 2007, holds at least an associate's 
degree, and:
			(A)  has successfully completed academic courses 
approved by the medical board in anatomy, physiology, basic 
pharmacology, chemistry, and microbiology and clinical instruction 
approved by the medical board in aseptic techniques and operative 
procedures; or
			(B)  has graduated from a surgical assistant 
program approved by the board.
	(c)  A license issued under Subsection (b)(1) may not be 
renewed after the third anniversary of the date of issuance unless 
the license holder completes the academic courses described by 
Subsection (b)(1)(A) [(b)(1)].
	(d) The medical board may approve:                                      
		(1)  academic courses and clinical instruction under 
Subsection (b)(2)(A) only if the courses or instruction meet or 
exceed the standards adopted by the Commission on Accreditation of 
Allied Health Education Programs; and
		(2)  a surgical assistant program under Subsection 
(b)(2)(B) only if the program:
			(A)  is recognized and accredited by the 
Commission on Accreditation of Allied Health Education Programs; or
			(B)  has educational standards that are 
equivalent to or exceed the standards adopted by the Commission on 
Accreditation of Allied Health Education Programs.
	SECTION 3.  Section 206.210(a), Occupations Code, is amended 
to read as follows:
	(a)  A surgical assistant license expires on the second 
anniversary of the date of issuance.  The medical board by rule 
shall provide for the [annual] renewal of a surgical assistant 
license.
	SECTION 4.  Subchapter F, Chapter 206, Occupations Code, is 
amended by adding Section 206.2525 to read as follows:
	Sec. 206.2525.  REIMBURSEMENT FOR SERVICES.  (a)  This 
chapter does not limit the way in which a surgical assistant 
licensed under this chapter may be reimbursed for services.
	(b)  A surgical assistant licensed under this chapter may 
directly bill a patient or third-party payor for services provided 
by the surgical assistant.
	SECTION 5.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Section 206.210(a), Occupations Code, as amended by 
this Act, applies only to the expiration of an original or renewal 
license that is issued on or after the effective date of this Act.