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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the establishment of the Texas Medical Radiologic |
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Technology Board of Examiners and the regulation of medical |
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radiologic technology. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 601.002, Occupations Code, is amended |
|
by amending Subdivisions (2) and (5) and adding Subdivisions (5-a), |
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(12), and (13) to read as follows: |
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(2) "Medical radiologic technology board" ["Board"] |
|
means the Texas Medical Radiologic Technology Board of Examiners |
|
[Health]. |
|
(5) "Education program" means clinical training or any |
|
other program offered by an organization approved by the medical |
|
radiologic technology board that: |
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(A) has a specified objective; |
|
(B) includes planned activities for |
|
participants; and |
|
(C) uses an approved method for measuring the |
|
progress of participants. |
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(5-a) "Medical board" means the Texas Medical Board. |
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(12) "Radiologist" means a physician specializing in |
|
radiology certified by or board-eligible for the American Board of |
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Radiology, the American Osteopathic Board of Radiology, the British |
|
Royal College of Radiology, or the Canadian College of Physicians |
|
and Surgeons. |
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(13) "Radiologist assistant" means an advanced-level |
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medical radiologic technologist certified under this chapter, |
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other than a practitioner, who works under the supervision of a |
|
radiologist to enhance patient care by assisting the radiologist in |
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the medical imaging environment. |
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SECTION 2. Chapter 601, Occupations Code, is amended by |
|
adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. TEXAS MEDICAL RADIOLOGIC TECHNOLOGY BOARD |
|
OF EXAMINERS |
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Sec. 601.011. TEXAS MEDICAL RADIOLOGIC TECHNOLOGY BOARD OF |
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EXAMINERS. The Texas Medical Radiologic Technology Board of |
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Examiners is an advisory board to the Texas Medical Board. |
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Sec. 601.012. APPOINTMENT OF BOARD. (a) The medical |
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radiologic technology board consists of 12 members appointed by the |
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governor with the advice and consent of the senate as follows: |
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(1) six practicing medical radiologic technologists |
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each of whom hold general certificates and have at least five years |
|
of clinical experience as a medical radiologic technologist; |
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(2) two radiologists who are licensed in this state |
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and supervise medical radiologic technologists; |
|
(3) one medical physicist who is licensed in this |
|
state and currently practices in one of the subfields of medical |
|
physics; and |
|
(4) three public members who are not licensed as |
|
physicians or medical radiologic technologists. |
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(b) Appointments to the medical radiologic technology board |
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shall be made without regard to the race, color, disability, sex, |
|
religion, age, or national origin of the appointee. |
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Sec. 601.013. MEMBERSHIP ELIGIBILITY AND RESTRICTIONS. (a) |
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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 |
|
interest. |
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(b) A person may not be a public member of the medical |
|
radiologic technology board if the person or the person's spouse: |
|
(1) is registered, certified, or licensed by a |
|
regulatory agency in the field of health care; |
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(2) is employed by or participates in the management |
|
of a business entity or other organization regulated by or |
|
receiving money from the medical board or medical radiologic |
|
technology 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 medical board |
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or medical radiologic technology board; or |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or money from the medical board or medical |
|
radiologic technology board other than compensation or |
|
reimbursement authorized by law for medical radiologic technology |
|
board membership, attendance, or expenses. |
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(c) A person may not be a member of the medical radiologic |
|
technology board and may not be a medical board employee in a "bona |
|
fide executive, administrative, or professional capacity," as that |
|
phrase is used for purposes of establishing an exemption to the |
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overtime provisions of the federal Fair Labor Standards Act of 1938 |
|
(29 U.S.C. Section 201 et seq.), if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of health care; |
|
or |
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(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of health care. |
|
(d) A person may not be a member of the medical radiologic |
|
technology board or act as the general counsel to the medical |
|
radiologic technology board 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 medical board or medical radiologic |
|
technology board. |
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Sec. 601.014. TERMS; VACANCIES. (a) Members of the |
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medical radiologic technology board are appointed for staggered |
|
six-year terms. The terms of three members expire on February 1 of |
|
each odd-numbered year. |
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(b) A member may not serve more than: |
|
(1) two consecutive full terms; or |
|
(2) a total of three full terms. |
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(c) If a vacancy occurs during a member's term, the governor |
|
shall appoint a new member to fill the unexpired term. |
|
Sec. 601.015. OFFICERS. The governor shall designate a |
|
member of the medical radiologic technology board as the presiding |
|
officer of the board to serve in that capacity at the will of the |
|
governor. The medical radiologic technology board shall select |
|
from its membership a secretary to serve a one-year term. |
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Sec. 601.016. GROUNDS FOR REMOVAL. (a) It is a ground for |
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removal from the medical radiologic technology board that a member: |
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(1) does not have at the time of taking office the |
|
qualifications required by Sections 601.012 and 601.013; |
|
(2) does not maintain during service on the medical |
|
radiologic technology board the qualifications required by |
|
Sections 601.012 and 601.013; |
|
(3) is ineligible for membership under Section |
|
601.012; |
|
(4) cannot, because of illness or disability, |
|
discharge the member's duties for a substantial part of the member's |
|
term; or |
|
(5) is absent from more than half of the regularly |
|
scheduled medical radiologic technology board meetings that the |
|
member is eligible to attend during a calendar year without an |
|
excuse approved by a majority vote of the medical radiologic |
|
technology board. |
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(b) The validity of an action of the medical radiologic |
|
technology board is not affected by the fact that it is taken when a |
|
ground for removal of a medical radiologic technology board member |
|
exists. |
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(c) If the executive director of the medical board has |
|
knowledge that a potential ground for removal exists, the executive |
|
director shall notify the presiding officer of the medical |
|
radiologic technology board 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 director |
|
shall notify the next highest ranking officer of the medical |
|
radiologic technology board, who shall then notify the governor and |
|
the attorney general that a potential ground for removal exists. |
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Sec. 601.017. PER DIEM. A member of the medical radiologic |
|
technology board is entitled to receive a per diem as set by |
|
legislative appropriation for each day that the member engages in |
|
the business of the board. If the General Appropriations Act does |
|
not prescribe the amount of the per diem, the per diem is equal to a |
|
member's actual expenses for meals, lodging, and transportation |
|
plus $100. |
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Sec. 601.018. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE LAW. |
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Except as otherwise provided by this chapter, the medical |
|
radiologic technology board is subject to Chapters 551 and 2001, |
|
Government Code. |
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Sec. 601.019. TRAINING. (a) A person who is appointed to |
|
and qualifies for office as a member of the medical radiologic |
|
technology board may not vote, deliberate, or be counted as a member |
|
in attendance at a meeting of the medical radiologic technology |
|
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 and the medical radiologic technology |
|
board's programs, functions, rules, and budget; |
|
(2) the results of the most recent formal audit of the |
|
medical radiologic technology board; |
|
(3) the requirements of laws relating to open |
|
meetings, public information, administrative procedure, and |
|
conflicts of interest; and |
|
(4) any applicable ethics policies adopted by the |
|
medical radiologic technology board, the medical board, or the |
|
Texas Ethics Commission. |
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(c) A person appointed to the medical radiologic technology |
|
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. |
|
SECTION 3. The heading to Subchapter B, Chapter 601, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER B. POWERS AND DUTIES OF MEDICAL RADIOLOGIC TECHNOLOGY |
|
BOARD AND MEDICAL BOARD [DEPARTMENT] |
|
SECTION 4. Section 601.051, Occupations Code, is amended to |
|
read as follows: |
|
Sec. 601.051. CERTIFICATION PROGRAM. The medical |
|
radiologic technology board [bureau of licensing and compliance of
|
|
the department] shall administer the certification program |
|
required by this chapter. |
|
SECTION 5. Subchapter B, Chapter 601, Occupations Code, is |
|
amended by adding Sections 601.0521, 601.0522, 601.0523, 601.0524, |
|
and 601.0525 to read as follows: |
|
Sec. 601.0521. GENERAL POWERS AND DUTIES. The medical |
|
radiologic technology board shall: |
|
(1) adopt rules that are reasonable and necessary for |
|
the performance of the medical radiologic technology board's duties |
|
under this chapter, as provided by Chapter 2001, Government Code, |
|
including rules to establish: |
|
(A) certification and other fees; |
|
(B) certificate renewal dates; and |
|
(C) procedures for disciplinary actions; |
|
(2) review and approve or reject each application for |
|
the issuance or renewal of a certificate; |
|
(3) issue each certificate; |
|
(4) deny, suspend, or revoke a certificate or |
|
otherwise discipline a certificate holder; and |
|
(5) take any action necessary to carry out the |
|
functions and duties of the medical radiologic technology board |
|
under this chapter. |
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Sec. 601.0522. GUIDELINES FOR EARLY INVOLVEMENT IN |
|
RULEMAKING PROCESS. (a) The medical radiologic technology board |
|
shall adopt guidelines to establish procedures for receiving input |
|
during the rulemaking process from individuals and groups that have |
|
an interest in matters under the medical radiologic technology |
|
board's jurisdiction. The guidelines must provide an opportunity |
|
for those individuals and groups to provide input before the |
|
medical radiologic technology board submits the rule to the medical |
|
board for approval. |
|
(b) A rule adopted by the medical board may not be |
|
challenged on the grounds that the medical radiologic technology |
|
board did not comply with this section. If the medical radiologic |
|
technology board was unable to solicit a significant amount of |
|
input from the public or affected persons early in the rulemaking |
|
process, the medical radiologic technology board shall state in |
|
writing the reasons why the board was unable to do so. |
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Sec. 601.0523. POWERS AND DUTIES OF THE TEXAS MEDICAL BOARD |
|
RELATING TO MEDICAL RADIOLOGIC TECHNOLOGISTS. (a) The medical |
|
board shall adopt rules consistent with this chapter to regulate |
|
medical radiologic technologists and physicians who supervise |
|
medical radiologic technologists. |
|
(b) The medical board, by a majority vote, shall approve or |
|
reject each rule adopted by the medical radiologic technology |
|
board. If approved, the rule may take effect. If the rule is |
|
rejected, the medical board shall return the rule to the medical |
|
radiologic technology board for revision. |
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Sec. 601.0524. FEES. The medical radiologic technology |
|
board shall establish and collect fees in amounts that are |
|
reasonable and necessary to cover the cost of administering this |
|
chapter. |
|
Sec. 601.0525. DIVISION OF RESPONSIBILITIES. Subject to |
|
the advice and approval of the medical board, the medical |
|
radiologic technology board shall develop and implement policies |
|
that clearly separate the policymaking responsibilities of the |
|
medical radiologic technology board and the management |
|
responsibilities of the executive director and the staff of the |
|
medical board. |
|
SECTION 6. Section 601.053, Occupations Code, is amended to |
|
read as follows: |
|
Sec. 601.053. MINIMUM STANDARDS FOR MEDICAL RADIOLOGIC |
|
TECHNOLOGIST. The medical radiologic technology board by rule |
|
shall establish minimum standards for: |
|
(1) issuing, renewing, suspending, or revoking a |
|
certificate issued under this chapter; |
|
(2) approving curricula and education programs to |
|
train individuals and[,] registered nurses[, and physician
|
|
assistants] to perform radiologic procedures; |
|
(3) approving instructors to teach approved curricula |
|
or education programs to train individuals to perform radiologic |
|
procedures; and |
|
(4) rescinding an approval described by Subdivision |
|
(2) or (3). |
|
SECTION 7. Subchapter B, Chapter 601, Occupations Code, is |
|
amended by adding Section 601.0535 to read as follows: |
|
Sec. 601.0535. MINIMUM STANDARDS FOR RADIOLOGIST |
|
ASSISTANT. The medical radiologic technology board by rule shall |
|
establish minimum standards for issuing, renewing, suspending, or |
|
revoking a radiologist assistant certificate. |
|
SECTION 8. Section 601.054, Occupations Code, is amended to |
|
read as follows: |
|
Sec. 601.054. APPROVAL AND REVIEW OF CURRICULA, |
|
INSTRUCTORS, AND TRAINING PROGRAMS. (a) An applicant for approval |
|
of a curriculum, instructor, or training program must apply to the |
|
medical radiologic technology board [department] on a form and |
|
under rules adopted by the board. |
|
(b) The medical radiologic technology board [department] |
|
shall approve a curriculum, instructor, or training program that |
|
meets the minimum standards adopted under Section 601.053. The |
|
medical radiologic technology board [department] may review the |
|
approval annually. |
|
(c) The medical radiologic technology board may set a fee |
|
for approval of a curriculum, instructor, or training program not |
|
to exceed the estimated amount that the board [department] projects |
|
to be required for the evaluation of the curriculum, instructor, or |
|
training program. |
|
SECTION 9. Sections 601.056(a) and (b), Occupations Code, |
|
are amended to read as follows: |
|
(a) The medical radiologic technology board with the |
|
assistance of other appropriate state agencies shall identify by |
|
rule radiologic procedures, other than radiologic procedures |
|
described by Subsection (c), that are dangerous or hazardous and |
|
that may be performed only by a practitioner or a medical radiologic |
|
technologist or radiologist assistant certified under this |
|
chapter. |
|
(b) In adopting rules under Subsection (a), the medical |
|
radiologic technology board may consider whether the radiologic |
|
procedure will be performed by a registered nurse [or a licensed
|
|
physician assistant]. |
|
SECTION 10. Subchapter B, Chapter 601, Occupations Code, is |
|
amended by adding Sections 601.0571, 601.0572, and 601.0573 to read |
|
as follows: |
|
Sec. 601.0571. PUBLIC PARTICIPATION. Subject to the advice |
|
and approval of the medical board, the medical radiologic |
|
technology board shall develop and implement policies that provide |
|
the public with a reasonable opportunity to appear before the |
|
medical radiologic technology board and to speak on any issue under |
|
the jurisdiction of the medical radiologic technology board. |
|
Sec. 601.0572. RECORDS OF COMPLAINTS. (a) The medical |
|
radiologic technology board shall maintain a system to promptly and |
|
efficiently act on complaints filed with the medical radiologic |
|
technology board. The board shall maintain: |
|
(1) information about the parties to the complaint and |
|
the subject matter of the complaint; |
|
(2) a summary of the results of the review or |
|
investigation of the complaint; and |
|
(3) information about the disposition of the |
|
complaint. |
|
(b) The medical radiologic technology board shall make |
|
information available describing its procedures for complaint |
|
investigation and resolution. |
|
(c) The medical radiologic technology board shall |
|
periodically notify the parties of the status of the complaint |
|
until final disposition of the complaint, unless the notice would |
|
jeopardize an investigation. |
|
Sec. 601.0573. NEGOTIATED RULEMAKING AND ALTERNATIVE |
|
DISPUTE RESOLUTION POLICY. (a) Subject to the advice and approval |
|
of the medical board, the medical radiologic technology board shall |
|
develop and implement a policy to encourage the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008, Government Code, for the adoption of medical radiologic |
|
technology board rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009, Government Code, to assist in the |
|
resolution of internal and external disputes under the medical |
|
radiologic technology board's jurisdiction. |
|
(b) The medical radiologic technology 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 medical radiologic technology 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 negotiated rulemaking or alternative |
|
dispute resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures, as implemented by the medical radiologic technology |
|
board. |
|
SECTION 11. Section 601.058, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE |
|
BIDDING. (a) The medical radiologic technology board may not adopt |
|
rules restricting advertising or competitive bidding by a medical |
|
radiologic technologist or radiologist assistant except to |
|
prohibit false, misleading, or deceptive practices. |
|
(b) In its rules to prohibit false, misleading, or deceptive |
|
practices, the medical radiologic technology board may not include |
|
a rule that: |
|
(1) restricts the use of any medium for advertising; |
|
(2) restricts the use of a medical radiologic |
|
technologist's or radiologist assistant's personal appearance or |
|
voice in an advertisement; |
|
(3) relates to the size or duration of an |
|
advertisement by the medical radiologic technologist or |
|
radiologist assistant; or |
|
(4) restricts the medical radiologic technologist's or |
|
radiologist assistant's advertisement under a trade name. |
|
SECTION 12. Section 601.101, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.101. CERTIFICATION REQUIRED. A person may not |
|
practice as a medical radiologic technologist in this state or |
|
perform a radiologic procedure unless the person holds an |
|
appropriate [a] certificate issued under this chapter, except as |
|
otherwise provided by Subchapter D. |
|
SECTION 13. Section 601.102, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.102. CLASSES OF CERTIFICATES. (a) The medical |
|
radiologic technology board shall establish classes of |
|
certificates to include all radiologic procedures used in the |
|
course and scope of the practice of practitioners licensed in this |
|
state. |
|
(b) The medical radiologic technology board may issue to a |
|
person: |
|
(1) a general certificate to perform radiologic |
|
procedures; |
|
(2) a certificate that authorizes the person to |
|
perform radiologic procedures as a radiologist assistant; |
|
(3) a certificate as a medical radiologic |
|
technologist; or |
|
(4) [(2)] a limited certificate that authorizes the |
|
person to perform radiologic procedures only on specific parts of |
|
the human body. |
|
(c) The medical radiologic technology board may issue to a |
|
person a temporary general certificate or a temporary limited |
|
certificate that authorizes the person to perform radiologic |
|
procedures for a period not to exceed one year. |
|
SECTION 14. Section 601.103, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.103. APPLICATION; APPLICATION FEE. An applicant |
|
for a certificate under this chapter must: |
|
(1) apply to the medical radiologic technology board |
|
[department] on a form and under rules adopted by the medical |
|
radiologic technology board; and |
|
(2) submit with the application a nonrefundable |
|
application fee in an amount determined by the medical radiologic |
|
technology board. |
|
SECTION 15. Section 601.104, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.104. EXAMINATION. The medical radiologic |
|
technology board may prepare and conduct an examination for |
|
applicants for a certificate. |
|
SECTION 16. Section 601.1041, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.1041. NOTIFICATION OF EXAMINATION RESULTS. (a) |
|
Not later than the 30th day after the date a person takes an |
|
examination for a certificate under this chapter, the medical |
|
radiologic technology board [department] shall notify the person of |
|
the results of the examination. |
|
(b) If the examination is graded or reviewed by a testing |
|
service, the medical radiologic technology board [department] |
|
shall notify the person of the results of the examination not later |
|
than the 14th day after the date the medical radiologic technology |
|
board [department] receives the results from the testing service. |
|
If notice of the examination results will be delayed for longer than |
|
90 days after the examination date, the medical radiologic |
|
technology board [department] shall notify the person of the reason |
|
for the delay before the 90th day. |
|
(c) The medical radiologic technology board [department] |
|
may require a testing service to notify a person of the results of |
|
the person's examination. |
|
(d) If requested in writing by a person who fails an |
|
examination for a certificate administered under this chapter, the |
|
medical radiologic technology board [department] shall furnish the |
|
person with an analysis of the person's performance on the |
|
examination. |
|
SECTION 17. Section 601.105, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.105. ISSUANCE OF CERTIFICATE. (a) The medical |
|
radiologic technology board [department] shall issue a certificate |
|
to an applicant who: |
|
(1) meets the minimum standards for certification |
|
established under this chapter; |
|
(2) submits an application on a form prescribed by the |
|
medical radiologic technology board; |
|
(3) pays the required application fee; |
|
(4) certifies that the applicant is mentally and |
|
physically able to function safely as a medical radiologic |
|
technologist; and |
|
(5) submits to the medical radiologic technology board |
|
any other information the medical radiologic technology board |
|
considers necessary to evaluate the applicant's qualifications |
|
[Section 601.053]. |
|
(b) A certificate is valid for a period established by the |
|
medical radiologic technology board. |
|
(c) The medical radiologic technology board may delegate |
|
authority to medical board employees to issue licenses under this |
|
chapter to applicants who clearly meet all licensing requirements. |
|
If the medical board employees determine that an applicant does not |
|
clearly meet all licensing requirements, the application shall be |
|
returned to the medical radiologic technology board. A license |
|
issued under this subsection does not require formal medical |
|
radiologic technology board approval. |
|
SECTION 18. Subchapter C, Chapter 601, Occupations Code, is |
|
amended by adding Section 601.1055 to read as follows: |
|
Sec. 601.1055. RADIOLOGIST ASSISTANT CERTIFICATE. (a) A |
|
person seeking to obtain certification as a radiologist assistant |
|
must: |
|
(1) hold a general certificate to perform radiologic |
|
procedures; |
|
(2) have satisfactorily completed an advanced |
|
academic program encompassing a nationally recognized radiologist |
|
assistant curriculum that: |
|
(A) culminates in the award of a baccalaureate |
|
degree, postbaccalaureate certificate, or graduate degree; and |
|
(B) incorporates a radiologist-directed clinical |
|
preceptorship; |
|
(3) be certified in advanced cardiac life support; |
|
and |
|
(4) be certified as a radiologist assistant by the |
|
American Registry of Radiologic Technologists. |
|
(b) The medical radiologic technology board by rule shall |
|
determine the specific duties a radiologist assistant may perform. |
|
A rule adopted under this subsection must be consistent with |
|
guidelines adopted by the American College of Radiology, the |
|
American Society of Radiologic Technologists, and the American |
|
Registry of Radiologic Technologists. |
|
(c) A radiologist assistant may not interpret images, make |
|
diagnoses, or prescribe medications or therapies. |
|
SECTION 19. Section 601.107, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.107. CERTIFICATION BY ENDORSEMENT. In adopting |
|
minimum standards for certifying medical radiologic technologists, |
|
the medical radiologic technology board may establish criteria for |
|
issuing a certificate to a person licensed or otherwise registered |
|
as a medical radiologic technologist or radiologist assistant by |
|
the American Registry of Radiologic Technologists, the Nuclear |
|
Medicine Technology Certification Board [American Registry of
|
|
Clinical Radiography Technologists], or another state whose |
|
requirements for licensure or registration were on the date of |
|
licensing or registration substantially equal to the requirements |
|
of this chapter. |
|
SECTION 20. Section 601.108, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.108. CONTINUING EDUCATION AND OTHER GUIDELINES. |
|
(a) The medical radiologic technology board may establish |
|
guidelines. |
|
(b) The medical radiologic technology board shall prepare, |
|
recognize, or administer continuing education programs for medical |
|
radiologic technologists or radiologist assistants in which |
|
participation is required, to the extent required by the medical |
|
radiologic technology board, to keep the person's certificate. |
|
SECTION 21. Section 601.109, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.109. PROVISIONAL CERTIFICATE. (a) The medical |
|
radiologic technology board may issue a provisional certificate to |
|
an applicant currently licensed or certified in another |
|
jurisdiction who seeks certification in this state and who: |
|
(1) has been licensed or certified in good standing as |
|
a medical radiologic technologist or radiologist assistant for at |
|
least two years in another jurisdiction, including a foreign |
|
country, that has licensing or certification requirements |
|
substantially equivalent to the requirements of this chapter; |
|
(2) has passed a national or other examination |
|
recognized by the medical radiologic technology board relating to |
|
the practice of radiologic technology or radiologist assistant; and |
|
(3) is sponsored by a medical radiologic technologist |
|
or radiologist assistant certified by the medical radiologic |
|
technology board under this chapter with whom the provisional |
|
certificate holder will practice during the time the person holds a |
|
provisional certificate. |
|
(b) The medical radiologic technology board may waive the |
|
requirement of Subsection (a)(3) for an applicant if the board |
|
determines that compliance with that subsection would be a hardship |
|
to the applicant. |
|
(c) A provisional certificate is valid until the date the |
|
medical radiologic technology board approves or denies the |
|
provisional certificate holder's application for a certificate. |
|
The medical radiologic technology board shall issue a certificate |
|
under this chapter to the provisional certificate holder if: |
|
(1) the provisional certificate holder is eligible to |
|
be certified under Section 601.107; or |
|
(2) the provisional certificate holder passes the part |
|
of the examination under Section 601.104 that relates to the |
|
applicant's knowledge and understanding of the laws and rules |
|
relating to the practice of radiologic technology in this state |
|
and: |
|
(A) the medical radiologic technology board |
|
verifies that the provisional certificate holder meets the academic |
|
and experience requirements for a certificate under this chapter; |
|
and |
|
(B) the provisional certificate holder satisfies |
|
any other licensing requirements under this chapter. |
|
(d) The medical radiologic technology board must approve or |
|
deny a provisional certificate holder's application for a |
|
certificate not later than the 180th day after the date the |
|
provisional certificate is issued. The board may extend the |
|
180-day period if the results of an examination have not been |
|
received by the medical radiologic technology board before the end |
|
of that period. |
|
(e) The medical radiologic technology board may establish a |
|
fee for a provisional certificate in an amount reasonable and |
|
necessary to cover the cost of issuing the certificate. |
|
SECTION 22. Section 601.110, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.110. CERTIFICATE EXPIRATION. (a) Not later than |
|
the 30th day before the date a person's certificate is scheduled to |
|
expire, the medical radiologic technology board [department] shall |
|
send written notice of the impending expiration to the person at the |
|
person's last known address according to the records of the board |
|
[department]. |
|
(b) The medical radiologic technology board by rule may |
|
adopt a system under which certificates expire on various dates |
|
during the year. For the year in which the certificate expiration |
|
date is changed, the medical radiologic technology board |
|
[department] shall prorate certificate fees on a monthly basis so |
|
that each certificate holder pays only that portion of the |
|
certificate fee that is allocable to the number of months during |
|
which the certificate is valid. On renewal of the certificate on |
|
the new expiration date, the total certificate renewal fee is |
|
payable. |
|
SECTION 23. Sections 601.111(a), (b), and (c), Occupations |
|
Code, are amended to read as follows: |
|
(a) A person who is otherwise eligible to renew a |
|
certificate may renew an unexpired certificate by paying the |
|
required renewal fee to the medical radiologic technology board |
|
[department] before the expiration date of the certificate. A |
|
person whose certificate has expired may not engage in activities |
|
that require a certificate until the certificate has been renewed. |
|
(b) A person whose certificate has been expired for 90 days |
|
or less may renew the certificate by paying to the medical |
|
radiologic technology board [department] a renewal fee that is |
|
equal to 1-1/2 times the normally required renewal fee. |
|
(c) A person whose certificate has been expired for more |
|
than 90 days but less than one year may renew the certificate by |
|
paying to the medical radiologic technology board [department] a |
|
renewal fee that is equal to two times the normally required renewal |
|
fee. |
|
SECTION 24. Section 601.112(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) The person must pay to the medical radiologic technology |
|
board [department] a fee that is equal to two times the normally |
|
required renewal fee for the certificate. |
|
SECTION 25. Section 601.156, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.156. PROCEDURE PERFORMED AS PART OF CONTINUING |
|
EDUCATION PROGRAM. A person is not required to hold a certificate |
|
issued under this chapter or to comply with the registration |
|
requirements adopted under Section 601.252 if the person is: |
|
(1) licensed or otherwise registered as a medical |
|
radiologic technologist by another state, the American Registry of |
|
Radiologic Technologists, the Nuclear Medicine Technology |
|
Certification Board [American Registry of Clinical Radiography
|
|
Technologists], or a professional organization or association |
|
recognized by the board; |
|
(2) enrolled in a continuing education program that |
|
meets the requirements adopted under Section 601.108; and |
|
(3) performing a radiologic procedure as part of the |
|
continuing education program for not more than 10 days. |
|
SECTION 26. Section 601.251, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.251. APPLICABILITY. This subchapter applies to |
|
the: |
|
(1) Board of Nurse Examiners; |
|
(2) Texas Board of Chiropractic Examiners; |
|
(3) State Board of Dental Examiners; |
|
(4) medical board [Texas State Board of Medical
|
|
Examiners]; and |
|
(5) Texas State Board of Podiatric Medical Examiners. |
|
SECTION 27. Section 601.252(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Each agency subject to this subchapter, other than the |
|
Board of Nurse Examiners, shall adopt rules to regulate the manner |
|
in which a person who holds a license issued by the agency may |
|
order[, instruct, or direct another authorized person in] the |
|
performance of a radiologic procedure. |
|
SECTION 28. Section 601.301, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.301. CERTIFICATE DENIAL AND DISCIPLINARY ACTION. |
|
The medical radiologic technology board [department] may, for a |
|
violation of this chapter or a rule adopted under this chapter: |
|
(1) suspend, revoke, or refuse to renew a certificate; |
|
(2) rescind approval of a curriculum, training |
|
program, or instructor; |
|
(3) deny an application for certification or approval; |
|
(4) issue a reprimand; or |
|
(5) place the offender's certificate on probation and |
|
require compliance with a requirement of the medical radiologic |
|
technology board [department], including requiring the offender |
|
to: |
|
(A) submit to medical or psychological |
|
treatment; |
|
(B) meet additional education requirements; |
|
(C) pass an examination; or |
|
(D) work under the supervision of a medical |
|
radiologic technologist or other practitioner. |
|
SECTION 29. Section 601.302, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.302. GROUNDS FOR CERTIFICATE DENIAL OR |
|
DISCIPLINARY ACTION. The medical radiologic technology board |
|
[department] may take action under Section 601.301 against a person |
|
subject to this chapter for: |
|
(1) obtaining or attempting to obtain a certificate |
|
issued under this chapter by bribery or fraud; |
|
(2) making or filing a false report or record made in |
|
the person's capacity as a medical radiologic technologist; |
|
(3) intentionally or negligently failing to file a |
|
report or record required by law; |
|
(4) intentionally obstructing or inducing another to |
|
intentionally obstruct the filing of a report or record required by |
|
law; |
|
(5) engaging in unprofessional conduct, including the |
|
violation of the standards of practice of radiologic technology |
|
established by the medical radiologic technology board; |
|
(6) developing an incapacity that prevents the |
|
practice of radiologic technology with reasonable skill, |
|
competence, and safety to the public as the result of: |
|
(A) an illness; |
|
(B) drug or alcohol dependency; or |
|
(C) another physical or mental condition or |
|
illness; |
|
(7) failing to report to the medical radiologic |
|
technology board [department] the violation of this chapter by |
|
another person; |
|
(8) employing, for the purpose of applying ionizing |
|
radiation to a person, a person who is not certified under or in |
|
compliance with this chapter; |
|
(9) violating this chapter, a rule adopted under this |
|
chapter, an order of the medical board or medical radiologic |
|
technology board [department] previously entered in a disciplinary |
|
proceeding, or an order to comply with a subpoena issued by the |
|
medical board or medical radiologic technology board [department]; |
|
(10) having a certificate revoked, suspended, or |
|
otherwise subjected to adverse action or being denied a certificate |
|
by another certification authority in another state, territory, or |
|
country; or |
|
(11) being convicted of or pleading nolo contendere to |
|
a crime directly related to the practice of radiologic technology. |
|
SECTION 30. Section 601.303, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.303. STUDENT PRACTICING WITHOUT DIRECT |
|
SUPERVISION. The medical radiologic technology board [department] |
|
may take disciplinary action against a student for intentionally |
|
practicing radiologic technology without direct supervision. |
|
SECTION 31. Section 601.304, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.304. ADMINISTRATIVE PROCEDURE. The procedure by |
|
which the medical radiologic technology board [department] takes a |
|
disciplinary action and the procedure by which a disciplinary |
|
action is appealed are governed by: |
|
(1) medical radiologic technology board [department] |
|
rules for a contested case hearing; and |
|
(2) Chapter 2001, Government Code. |
|
SECTION 32. Section 601.305(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) The medical radiologic technology board may not |
|
reinstate a certificate to a holder or issue a certificate to an |
|
applicant previously denied a certificate unless the medical |
|
radiologic technology board is satisfied that the holder or |
|
applicant has complied with requirements set by the medical |
|
radiologic technology board and is capable of engaging in the |
|
practice of radiologic technology. |
|
SECTION 33. Section 601.306(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The medical radiologic technology board [department] |
|
shall temporarily suspend the certificate of a certificate holder |
|
if the medical radiologic technology board [department] determines |
|
from the evidence or information presented to it that continued |
|
practice by the certificate holder would constitute a continuing |
|
and imminent threat to the public welfare. |
|
SECTION 34. Section 601.351, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.351. IMPOSITION OF PENALTY. The medical |
|
radiologic technology board [department] may impose an |
|
administrative penalty against a person who violates this chapter |
|
or a rule adopted under this chapter. |
|
SECTION 35. Section 601.353(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) If, after investigating a possible violation and the |
|
facts surrounding that possible violation, the medical radiologic |
|
technology board [department] determines that a violation |
|
occurred, the medical radiologic technology board [department] |
|
shall give written notice of the violation to the person alleged to |
|
have committed the violation. |
|
SECTION 36. Section 601.354, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a) |
|
Not later than the 20th day after the date the person receives the |
|
notice, the person may: |
|
(1) accept the medical radiologic technology board's |
|
[department's] determination, including the proposed |
|
administrative penalty; or |
|
(2) make a written request for a hearing on that |
|
determination. |
|
(b) If the person accepts the medical radiologic technology |
|
board's [department's] determination, the medical radiologic |
|
technology board [commissioner of public health] or the board's |
|
[that commissioner's] designee by order shall approve the |
|
determination and impose the proposed penalty. |
|
SECTION 37. Section 601.355(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) If the person timely requests a hearing, the medical |
|
radiologic technology board [department] shall: |
|
(1) set a hearing; |
|
(2) give written notice of the hearing to the person; |
|
and |
|
(3) designate a hearings examiner to conduct the |
|
hearing. |
|
SECTION 38. Section 601.356(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) The medical radiologic technology board [department] |
|
shall give notice of the order to the person. The notice must |
|
include: |
|
(1) separate statements of the findings of fact and |
|
conclusions of law; |
|
(2) the amount of any penalty imposed; and |
|
(3) a statement of the right of the person to judicial |
|
review of the order. |
|
SECTION 39. Section 601.357(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) If the medical radiologic technology board [department] |
|
receives a copy of an affidavit as provided by Subsection (b)(2), |
|
the medical radiologic technology board [department] may file with |
|
the court a contest to the affidavit not later than the fifth day |
|
after the date the copy is received. |
|
SECTION 40. Section 601.358, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.358. COLLECTION OF PENALTY. If the person does not |
|
pay the administrative penalty and the enforcement of the penalty |
|
is not stayed, the medical radiologic technology board [department] |
|
may refer the matter to the attorney general for collection. |
|
SECTION 41. Section 601.360(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) If, after judicial review, the administrative penalty |
|
is reduced or not imposed by the court, the court shall, after the |
|
judgment becomes final: |
|
(1) order the appropriate amount, plus accrued |
|
interest, be remitted to the person by the medical radiologic |
|
technology board [department] if the person paid the penalty under |
|
Section 601.357(a)(2); or |
|
(2) if the person paid the penalty under Section |
|
601.357(b)(1)(A) or posted a supersedeas bond, order the medical |
|
radiologic technology board [department] to: |
|
(A) execute a complete release of the escrow |
|
account or bond, as appropriate, if the penalty is not imposed; or |
|
(B) release the escrow account or bond, as |
|
appropriate, after the reduced penalty has been paid from the |
|
account or by the person. |
|
SECTION 42. Section 601.361, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 601.361. EXPENSES AND COSTS. (a) In this section, |
|
"reasonable expenses and costs" includes expenses incurred by the |
|
medical radiologic technology board [department] and the attorney |
|
general in the investigation, initiation, or prosecution of an |
|
action, including reasonable investigative costs, court costs, |
|
attorney's fees, witness fees, and deposition expenses. |
|
(b) The medical radiologic technology board [department] |
|
may assess reasonable expenses and costs against a person in an |
|
administrative hearing if, as a result of the hearing, an |
|
administrative penalty is assessed against the person. The person |
|
shall pay expenses and costs assessed under this subsection not |
|
later than the 30th day after the date the order of the medical |
|
radiologic technology board [commissioner of public health] or the |
|
board's [that commissioner's] designee requiring the payment of |
|
expenses and costs is final. The medical radiologic technology |
|
board [department] may refer the matter to the attorney general for |
|
collection of the expenses and costs. |
|
(c) If the attorney general brings an action against a |
|
person to enforce an administrative penalty assessed under this |
|
chapter and the person is found liable for an administrative |
|
penalty, the attorney general may recover, on behalf of the |
|
attorney general and the medical radiologic technology board |
|
[department], reasonable expenses and costs. |
|
SECTION 43. Sections 601.401(a) and (c), Occupations Code, |
|
are amended to read as follows: |
|
(a) If it appears that a person has violated, is violating, |
|
or is threatening to violate this chapter or a rule adopted under |
|
this chapter, the medical radiologic technology board or the |
|
medical board [department] may bring an action to enjoin the |
|
continued or threatened violation. |
|
(c) At the request of the medical radiologic technology |
|
board or the medical board [department], the attorney general shall |
|
bring an action in the name of the state for the injunctive relief, |
|
to recover the civil penalty, or both. |
|
SECTION 44. Section 601.402(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A person who is required to be certified under this |
|
chapter commits an offense if the person: |
|
(1) knowingly administers a radiologic procedure to |
|
another person without holding a valid certificate issued by the |
|
medical radiologic technology board [department]; |
|
(2) practices radiologic technology without holding a |
|
certificate under this chapter; |
|
(3) uses or attempts to use a suspended or revoked |
|
certificate; |
|
(4) knowingly allows a student enrolled in an |
|
education program to perform a radiologic procedure without direct |
|
supervision; |
|
(5) obtains or attempts to obtain a certificate |
|
through bribery or fraudulent misrepresentation; |
|
(6) uses the title or name "certified medical |
|
radiologic technologist," "certified radiologist assistant," |
|
[technologist"] or any other name or title that implies the person |
|
is certified to practice radiologic technology, unless the person |
|
is certified under this chapter; |
|
(7) knowingly conceals information relating to |
|
enforcement of this chapter or a rule adopted under this chapter; or |
|
(8) employs a person not certified by or in compliance |
|
with this chapter for the purpose of applying ionizing radiation to |
|
a person. |
|
SECTION 45. Section 151.004, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 151.004. APPLICATION OF SUNSET ACT. The Texas Medical |
|
Board 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 subtitle and Chapters 204, 205, |
|
[and] 206, and 601 expire September 1, 2017. |
|
SECTION 46. The following sections of the Occupations Code |
|
are repealed: |
|
(1) Sections 601.002(1) and (3); |
|
(2) Section 601.052; |
|
(3) Section 601.055; |
|
(4) Section 601.057; |
|
(5) Section 601.152; |
|
(6) Section 601.154; |
|
(7) Sections 601.252(b), (c), and (d); and |
|
(8) Subchapter E, Chapter 601. |
|
SECTION 47. (a) A rule of the Department of State Health |
|
Services or the executive commissioner of the Health and Human |
|
Services Commission relating to radiologic technology is continued |
|
in effect as a rule of the Texas Medical Radiologic Technology Board |
|
of Examiners or Texas Medical Board until superseded by a rule of |
|
the Texas Medical Radiologic Technology Board of Examiners or Texas |
|
Medical Board. |
|
(b) A certificate, license, or permit issued by the |
|
Department of State Health Services relating to radiologic |
|
technology is continued in effect as provided by the law in effect |
|
immediately before the effective date of this Act. |
|
(c) A complaint, investigation, contested case, or other |
|
proceeding pending under Chapter 601, Occupations Code, on the |
|
effective date of this Act is continued without change in status |
|
after the effective date of this Act. |
|
(d) An inspection or other activity conducted by the |
|
Department of State Health Services relating to radiologic |
|
technology is considered to be an inspection or activity conducted |
|
by the Texas Medical Radiologic Technology Board of Examiners or |
|
Texas Medical Board. |
|
SECTION 48. This Act takes effect September 1, 2007. |