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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration and regulation of surgical |
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technologists; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle K, Title 3, Occupations Code, is |
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amended by adding Chapter 606 to read as follows: |
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CHAPTER 606. SURGICAL TECHNOLOGISTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 606.001. SHORT TITLE. This chapter may be cited as the |
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Surgical Technologist Certification Act. |
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Sec. 606.002. DEFINITIONS. In this chapter: |
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(1) "Ambulatory surgical center" means a facility |
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licensed under Chapter 243, Health and Safety Code. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Education program" means clinical training or any |
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other program offered by an organization approved by the executive |
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commissioner that: |
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(A) has a specified objective; |
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(B) includes planned activities for |
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participants; and |
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(C) uses an approved method for measuring the |
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progress of participants. |
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(5) "Hospital" means a facility licensed under Chapter |
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241, Health and Safety Code. |
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(6) "Surgical technologist" means a person certified |
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under this chapter to perform the practice of surgical technology. |
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(7) "Surgical technology" means perioperative |
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surgical patient care that involves: |
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(A) preparing the operating room for surgical |
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procedures and ensuring that surgical equipment is functioning |
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properly and safely; |
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(B) preparing the operating room and the sterile |
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field for surgical procedures by preparing sterile supplies, |
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instruments, and equipment using sterile technique; |
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(C) anticipating the needs of the surgical team |
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based on knowledge of human anatomy and pathophysiology related to |
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a surgical patient and the patient's surgical procedure; and |
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(D) as directed in an operating room setting, |
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performing tasks that include: |
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(i) passing supplies, equipment, or |
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instruments; |
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(ii) sponging or suctioning an operative |
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site; |
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(iii) preparing and cutting suture |
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material; |
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(iv) transferring fluids or drugs; |
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(v) holding retractors; and |
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(vi) assisting in counting sponges, |
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needles, supplies, and instruments. |
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[Sections 606.003-606.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES OF |
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EXECUTIVE COMMISSIONER AND DEPARTMENT |
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Sec. 606.051. CERTIFICATION PROGRAM. The bureau of |
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licensing and compliance of the department shall administer the |
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certification program required by this chapter. |
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Sec. 606.052. RULES. The executive commissioner may adopt |
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rules necessary to implement this chapter. |
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Sec. 606.053. MINIMUM STANDARDS. The executive |
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commissioner by rule shall establish minimum standards for: |
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(1) issuing, renewing, suspending, or revoking a |
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certificate issued under this chapter; |
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(2) approving curricula and education programs to |
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train persons to perform surgical procedures as a surgical |
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technologist; |
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(3) approving instructors to teach approved curricula |
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or education programs to train persons to perform surgical |
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procedures; and |
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(4) rescinding an approval described by Subdivision |
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(2) or (3). |
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Sec. 606.054. APPROVAL AND REVIEW OF CURRICULA AND TRAINING |
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PROGRAMS. (a) An applicant for approval of a curriculum or training |
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program must apply to the department on a form and under rules |
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adopted by the executive commissioner. |
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(b) The department shall approve a curriculum or training |
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program that meets the minimum standards adopted under Section |
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606.053. The department may review the approval annually. |
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(c) The executive commissioner may set a fee for approval of |
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a curriculum or training program not to exceed the estimated amount |
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that the department projects to be required for the evaluation of |
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the curriculum or training program. |
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Sec. 606.055. APPROVAL AND REVIEW OF INSTRUCTOR APPROVAL. |
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(a) An applicant for approval of an instructor must apply to the |
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department on a form and under rules adopted by the executive |
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commissioner. |
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(b) The department shall approve an instructor who meets the |
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minimum standards adopted under Section 606.053. The department |
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may review the approval annually. |
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Sec. 606.056. FEES. The executive commissioner may set |
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fees for examination, certificate issuance, registration of a |
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person under this chapter, and application processing under Section |
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606.102 in amounts that are reasonable to cover the costs of |
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administering this chapter without the use of additional general |
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revenue. |
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Sec. 606.057. RULES RESTRICTING ADVERTISING OR COMPETITIVE |
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BIDDING. (a) The executive commissioner may not adopt rules |
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restricting advertising or competitive bidding by a surgical |
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technologist except to prohibit false, misleading, or deceptive |
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practices. |
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(b) In its rules to prohibit false, misleading, or deceptive |
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practices, the executive commissioner may not include a rule that: |
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(1) restricts the use of any medium for advertising; |
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(2) restricts the use of a surgical technologist's |
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personal appearance or voice in an advertisement; |
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(3) relates to the size or duration of an |
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advertisement by the surgical technologist; or |
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(4) restricts the surgical technologist's |
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advertisement under a trade name. |
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[Sections 606.058-606.100 reserved for expansion] |
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SUBCHAPTER C. CERTIFICATION REQUIREMENTS |
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Sec. 606.101. CERTIFICATION REQUIRED. A person may not |
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perform the practice of surgical technology unless the person holds |
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a certificate of registration as a surgical technologist under this |
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chapter, except as otherwise provided by Subchapter D. |
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Sec. 606.102. APPLICATION; APPLICATION FEE. An applicant |
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for a certificate under this chapter must: |
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(1) apply to the department on a form and under rules |
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adopted by the executive commissioner; and |
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(2) submit with the application a nonrefundable |
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application fee in an amount determined by the executive |
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commissioner. |
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Sec. 606.103. EXAMINATION. The executive commissioner may |
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prepare and conduct an examination for applicants for a |
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certificate. |
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Sec. 606.104. NOTIFICATION OF EXAMINATION RESULTS. (a) Not |
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later than the 30th day after the date a person takes an examination |
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for a certificate under this chapter, the department shall notify |
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the person of the results of the examination. |
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(b) If the examination is graded or reviewed by a testing |
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service, the department shall notify the person of the results of |
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the examination not later than the 14th day after the date the |
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department receives the results from the testing service. If |
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notice of the examination results will be delayed for longer than 90 |
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days after the examination date, the department shall notify the |
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person of the reason for the delay before the 90th day. |
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(c) The department may require a testing service to notify a |
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person of the results of the person's examination. |
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(d) If requested in writing by a person who fails an |
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examination for a certificate administered under this chapter, the |
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department shall furnish the person with an analysis of the |
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person's performance on the examination. |
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Sec. 606.105. ISSUANCE OF CERTIFICATE. (a) The department |
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shall issue a certificate to an applicant who meets the minimum |
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standards for certification established under Section 606.053. |
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(b) A certificate is valid for a period established by the |
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executive commissioner. |
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Sec. 606.106. TRANSFER OF CERTIFICATE PROHIBITED. A |
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certificate issued under this chapter is not transferable. |
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Sec. 606.107. CERTIFICATION BY ENDORSEMENT. In adopting |
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minimum standards for certifying surgical technologists, the |
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executive commissioner may establish criteria for issuing a |
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certificate to a person licensed or otherwise registered as a |
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surgical technologist by the Association of Surgical Technologists |
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or another state whose requirements for licensure or registration |
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were on the date of licensing or registration substantially equal |
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to the requirements of this chapter. |
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Sec. 606.108. CONTINUING EDUCATION AND OTHER GUIDELINES. |
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(a) The executive commissioner may establish guidelines for |
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practice as a surgical technologist. |
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(b) The executive commissioner shall prepare, recognize, or |
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administer continuing education programs for surgical |
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technologists. |
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(c) A surgical technologist shall annually complete at |
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least 15 hours of continuing education approved by the Association |
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of Surgical Technologists or another certification organization |
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approved by the department to keep the person's certificate of |
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registration under this chapter. |
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(d) A hospital or ambulatory surgical center that employs a |
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person to practice surgical technology shall verify that the person |
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meets the continuing education requirements under this section each |
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year on the anniversary of the person's employment. |
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(e) A person employed by a hospital or ambulatory surgical |
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center to practice surgical technology as authorized under Section |
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606.154(b)(1) may demonstrate compliance with the continuing |
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education requirements of this section by providing evidence that |
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the person has maintained the certified surgical technologist |
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credential. |
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(f) A hospital or ambulatory surgical center shall adopt |
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policies to enforce Subsections (d) and (e) and may allow a grace |
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period not to exceed six months for compliance. |
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Sec. 606.109. PROVISIONAL CERTIFICATE. (a) The department |
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may issue a provisional certificate to an applicant currently |
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licensed or certified in another jurisdiction who seeks |
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certification in this state and who: |
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(1) has been licensed or certified in good standing as |
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a surgical technologist for at least two years in another |
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jurisdiction, including a foreign country, that has licensing or |
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certification requirements substantially equivalent to the |
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requirements of this chapter; |
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(2) has passed a national or other examination |
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recognized by the department relating to the practice of surgical |
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technology; and |
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(3) is sponsored by a surgical technologist certified |
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by the department under this chapter with whom the provisional |
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certificate holder will practice during the time the person holds a |
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provisional certificate. |
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(b) The department may waive the requirement of Subsection |
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(a)(3) for an applicant if the department determines that |
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compliance with that subsection would be a hardship to the |
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applicant. |
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(c) A provisional certificate is valid until the date the |
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department approves or denies the provisional certificate holder's |
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application for a certificate. The department shall issue a |
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certificate under this chapter to the provisional certificate |
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holder if: |
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(1) the provisional certificate holder is eligible to |
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be certified under Section 606.107; or |
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(2) the provisional certificate holder passes the part |
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of the examination under Section 606.103 that relates to the |
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applicant's knowledge and understanding of the laws and rules |
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relating to the practice of surgical technology in this state and: |
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(A) the department verifies that the provisional |
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certificate holder meets the academic and experience requirements |
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for a certificate under this chapter; and |
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(B) the provisional certificate holder satisfies |
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any other licensing requirements under this chapter. |
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(d) The department must approve or deny a provisional |
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certificate holder's application for a certificate not later than |
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the 180th day after the date the provisional certificate is issued. |
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The department may extend the 180-day period if the results of an |
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examination have not been received by the executive commissioner |
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before the end of that period. |
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(e) The department may establish a fee for a provisional |
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certificate in an amount reasonable and necessary to cover the cost |
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of issuing the certificate. |
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Sec. 606.110. CERTIFICATE EXPIRATION. (a) Not later than |
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the 30th day before the date a person's certificate is scheduled to |
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expire, the department shall send written notice of the impending |
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expiration to the person at the person's last known address |
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according to the records of the department. |
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(b) The executive commissioner by rule may adopt a system |
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under which certificates expire on various dates during the year. |
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For the year in which the certificate expiration date is changed, |
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the department shall prorate certificate fees on a monthly basis so |
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that each certificate holder pays only that portion of the |
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certificate fee that is allocable to the number of months during |
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which the certificate is valid. On renewal of the certificate on |
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the new expiration date, the total certificate renewal fee is |
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payable. |
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Sec. 606.111. CERTIFICATE RENEWAL PROCEDURE. (a) A person |
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who is otherwise eligible to renew a certificate may renew an |
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unexpired certificate by paying the required renewal fee to the |
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department before the expiration date of the certificate. A person |
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whose certificate has expired may not engage in activities that |
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require a certificate until the certificate has been renewed. |
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(b) A person whose certificate has been expired for 90 days |
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or less may renew the certificate by paying to the department a |
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renewal fee that is equal to 1-1/2 times the normally required |
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renewal fee. |
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(c) A person whose certificate has been expired for more |
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than 90 days but less than one year may renew the certificate by |
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paying to the department a renewal fee that is equal to two times |
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the normally required renewal fee. |
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(d) A person whose certificate has been expired for one year |
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or more may not renew the certificate. The person may obtain a new |
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certificate by complying with the requirements and procedures, |
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including the examination requirements, for an original |
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certificate. |
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Sec. 606.112. RENEWAL OF CERTIFICATE BY OUT-OF-STATE |
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PRACTITIONER. (a) A person who held a certificate in this state, |
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moved to another state, and currently holds a certificate or |
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license and has been in practice in the other state for the two |
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years preceding the date of application may obtain a new |
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certificate without reexamination. |
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(b) The person must pay to the department a fee that is equal |
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to twice the normally required renewal fee for the certificate. |
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[Sections 606.113-606.150 reserved for expansion] |
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SUBCHAPTER D. EXEMPTIONS FROM CERTIFICATION |
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AND REGISTRATION REQUIREMENTS |
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Sec. 606.151. EXEMPTION. A person is not required to hold a |
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certificate of registration issued under this chapter to perform a |
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surgical procedure if the person is registered or licensed under |
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other law and performs the procedure in the course and scope of the |
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profession for which the person holds a license or certificate of |
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registration. |
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Sec. 606.152. STUDENTS. A person is not required to hold a |
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certificate issued under this chapter or to comply with the |
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registration requirements adopted under this chapter if the person: |
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(1) is a student enrolled in a training program that |
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meets the minimum standards adopted under this chapter; and |
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(2) is performing a surgical procedure in an academic |
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or clinical setting as part of the training program. |
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Sec. 606.153. PROCEDURE PERFORMED AS PART OF CONTINUING |
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EDUCATION PROGRAM. A person is not required to hold a certificate |
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issued under this chapter or to comply with the registration |
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requirements adopted under this chapter if the person is: |
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(1) licensed or otherwise registered as a surgical |
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technologist by another state or a professional organization or |
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association recognized by the executive commissioner; |
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(2) enrolled in a continuing education program that |
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meets the requirements adopted under Section 606.108; and |
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(3) performing a surgical procedure as part of the |
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continuing education program for not more than 10 days. |
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Sec. 606.154. EXEMPTION FOR HOSPITAL OR AMBULATORY SURGICAL |
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CENTER. (a) A hospital or ambulatory surgical center may employ a |
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person to practice surgical technology who does not meet the |
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requirements of this chapter or is not registered under this |
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chapter if: |
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(1) after a diligent and thorough effort has been |
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made, the hospital or center is unable to employ a sufficient number |
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of persons who meet the requirements of this chapter; and |
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(2) the hospital center makes a written record of its |
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efforts under Subdivision (1) and retains the record at the |
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hospital or center. |
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(b) A hospital or ambulatory surgical center may not employ |
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a person to practice surgical technology unless the person: |
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(1) has successfully completed an educational program |
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for surgical technologists accredited by the Commission on |
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Accreditation of Allied Health Education Programs or another |
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accreditation body selected by the department and holds and |
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maintains the certified surgical technologist credential |
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administered by the National Board of Surgical Technology and |
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Surgical Assisting; |
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(2) has completed an appropriate training program for |
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surgical technology in the army, navy, air force, marine corps, or |
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coast guard of the United States or in the United States Public |
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Health Service; |
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(3) provides evidence that the person, during the five |
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years preceding September 1, 2007, was employed to practice |
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surgical technology for not less than two years in a hospital or |
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center; or |
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(4) is in the service of the federal government, to the |
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extent the person is performing duties related to that service. |
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Sec. 606.155. SUPERVISION REQUIRED. A hospital or |
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ambulatory surgical center shall supervise each person employed to |
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practice surgical technology by the hospital or center in |
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accordance with the hospital or center's policies and procedures to |
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ensure that the person performs delegated tasks intraoperatively |
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within the person's scope of practice and according to this chapter |
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or other law. |
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[Sections 606.156-606.200 reserved for expansion] |
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SUBCHAPTER E. CERTIFICATE DENIAL AND DISCIPLINARY ACTION |
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Sec. 606.201. CERTIFICATE DENIAL AND DISCIPLINARY ACTION. |
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The department may, for a violation of this chapter or a rule |
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adopted under this chapter: |
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(1) suspend, revoke, or refuse to renew a certificate; |
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(2) rescind approval of a curriculum, training |
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program, or instructor; |
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(3) deny an application for certification or approval; |
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(4) issue a reprimand; or |
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(5) place the offender's certificate on probation and |
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require compliance with a requirement of the department, including |
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requiring the offender to: |
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(A) submit to medical or psychological |
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treatment; |
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(B) meet additional education requirements; |
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(C) pass an examination; or |
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(D) work under the supervision of a surgical |
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technologist or other practitioner. |
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Sec. 606.202. GROUNDS FOR CERTIFICATE DENIAL OR |
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DISCIPLINARY ACTION. The department may take action under Section |
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606.201 against a person subject to this chapter for: |
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(1) obtaining or attempting to obtain a certificate |
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issued under this chapter by bribery or fraud; |
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(2) making or filing a false report or record made in |
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the person's capacity as a surgical technologist; |
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(3) intentionally or negligently failing to file a |
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report or record required by law; |
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(4) intentionally obstructing or inducing another to |
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intentionally obstruct the filing of a report or record required by |
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law; |
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(5) engaging in unprofessional conduct, including the |
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violation of the standards of practice of surgical technology |
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established by the executive commissioner; |
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(6) developing an incapacity that prevents the |
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practice of surgical technology with reasonable skill, competence, |
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and safety to the public as the result of: |
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(A) an illness; |
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(B) drug or alcohol dependency; or |
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(C) another physical or mental condition or |
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illness; |
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(7) failing to report to the department the violation |
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of this chapter by another person; |
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(8) employing, for the purpose of applying ionizing |
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radiation to a person, a person who is not certified under or in |
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compliance with this chapter; |
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(9) violating this chapter, a rule adopted under this |
|
chapter, an order of the department previously entered in a |
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disciplinary proceeding, or an order to comply with a subpoena |
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issued by the department; |
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(10) having a certificate revoked, suspended, or |
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otherwise subjected to adverse action or being denied a certificate |
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by another certification authority in another state, territory, or |
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country; or |
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(11) being convicted of or pleading nolo contendere to |
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a crime directly related to the practice of surgical technology. |
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Sec. 606.203. ADMINISTRATIVE PROCEDURE. The procedure by |
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which the department takes a disciplinary action and the procedure |
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by which a disciplinary action is appealed are governed by: |
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(1) department rules for a contested case hearing; |
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and |
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(2) Chapter 2001, Government Code. |
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Sec. 606.204. REINSTATEMENT. (a) A person subject to |
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disciplinary action under Section 606.202(6) shall, at reasonable |
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intervals, be given an opportunity to demonstrate that the person |
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is able to resume the practice of surgical technology. |
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(b) The executive commissioner may not reinstate a |
|
certificate to a holder or issue a certificate to an applicant |
|
previously denied a certificate unless the executive commissioner |
|
is satisfied that the holder or applicant has complied with |
|
requirements set by the executive commissioner and is capable of |
|
engaging in the practice of surgical technology. |
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Sec. 606.205. EMERGENCY SUSPENSION. (a) The department |
|
shall temporarily suspend the certificate of a certificate holder |
|
if the 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. |
|
(b) A certificate may be suspended under this section |
|
without notice or hearing on the complaint if: |
|
(1) action is taken to initiate proceedings for a |
|
hearing before the State Office of Administrative Hearings |
|
simultaneously with the temporary suspension; and |
|
(2) a hearing is held as soon as practicable under this |
|
chapter and Chapter 2001, Government Code. |
|
(c) The State Office of Administrative Hearings shall hold a |
|
preliminary hearing not later than the 14th day after the date of |
|
the temporary suspension to determine if there is probable cause to |
|
believe that a continuing and imminent threat to the public welfare |
|
still exists. A final hearing on the matter shall be held not later |
|
than the 61st day after the date of the temporary suspension. |
|
[Sections 606.206-606.250 reserved for expansion] |
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SUBCHAPTER F. ADMINISTRATIVE PENALTY |
|
Sec. 606.251. IMPOSITION OF PENALTY. The department may |
|
impose an administrative penalty against a person who violates this |
|
chapter or a rule adopted under this chapter. |
|
Sec. 606.252. AMOUNT OF PENALTY. (a) The amount of the |
|
administrative penalty may not exceed $1,000 for each violation. |
|
Each day of a continuing violation is a separate violation. |
|
(b) The amount of the penalty shall be based on: |
|
(1) the seriousness of the violation; |
|
(2) the history of previous violations; |
|
(3) the amount necessary to deter a future violation; |
|
(4) efforts made to correct the violation; and |
|
(5) any other matter that justice may require. |
|
Sec. 606.253. NOTICE OF VIOLATION AND PENALTY. (a) If, |
|
after investigating a possible violation and the facts surrounding |
|
that possible violation, the department determines that a violation |
|
occurred, the department shall give written notice of the violation |
|
to the person alleged to have committed the violation. |
|
(b) The notice must: |
|
(1) include a brief summary of the alleged violation; |
|
(2) state the amount of the proposed administrative |
|
penalty; and |
|
(3) inform the person of the person's right to a |
|
hearing on the occurrence of the violation, the amount of the |
|
penalty, or both. |
|
Sec. 606.254. 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 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 department's determination, |
|
the commissioner of state health services or that commissioner's |
|
designee by order shall approve the determination and impose the |
|
proposed penalty. |
|
Sec. 606.255. HEARING. (a) If the person timely requests a |
|
hearing, the department shall: |
|
(1) set a hearing; |
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(2) give written notice of the hearing to the person; |
|
and |
|
(3) designate a hearings examiner to conduct the |
|
hearing. |
|
(b) The hearings examiner shall make findings of fact and |
|
conclusions of law and promptly issue to the commissioner of state |
|
health services or that commissioner's designee a proposal for |
|
decision as to the occurrence of the violation and the amount of any |
|
proposed administrative penalty. |
|
Sec. 606.256. DECISION BY COMMISSIONER. (a) Based on the |
|
findings of fact and conclusions of law and the recommendations of |
|
the hearings examiner, the commissioner of state health services or |
|
the commissioner's designee by order may determine that: |
|
(1) a violation has occurred and may impose an |
|
administrative penalty; or |
|
(2) a violation did not occur. |
|
(b) The 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. |
|
Sec. 606.257. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
|
(a) Not later than the 30th day after the date on which the order |
|
becomes final, the person shall: |
|
(1) pay the administrative penalty; |
|
(2) pay the penalty and file a petition for judicial |
|
review contesting the occurrence of the violation, the amount of |
|
the penalty, or both; or |
|
(3) without paying the penalty, file a petition for |
|
judicial review contesting the occurrence of the violation, the |
|
amount of the penalty, or both. |
|
(b) Within the 30-day period, a person who acts under |
|
Subsection (a)(3) may: |
|
(1) stay enforcement of the penalty by: |
|
(A) paying the penalty to the court for placement |
|
in an escrow account; or |
|
(B) giving to the court a supersedeas bond that |
|
is approved by the court for the amount of the penalty and that is |
|
effective until all judicial review of the order is final; or |
|
(2) request the court to stay enforcement of the |
|
penalty by: |
|
(A) filing with the court a sworn affidavit of |
|
the person stating that the person is financially unable to pay the |
|
penalty and is financially unable to give the supersedeas bond; and |
|
(B) giving a copy of the affidavit to the |
|
department by certified mail. |
|
(c) If the department receives a copy of an affidavit as |
|
provided by Subsection (b)(2), the department may file with the |
|
court a contest to the affidavit not later than the fifth day after |
|
the date the copy is received. |
|
(d) The court shall hold a hearing on the facts alleged in |
|
the affidavit as soon as practicable and shall stay the enforcement |
|
of the penalty on finding that the alleged facts are true. The |
|
person who files an affidavit has the burden of proving that the |
|
person is financially unable to pay the penalty and to give a |
|
supersedeas bond. |
|
Sec. 606.258. COLLECTION OF PENALTY. If the person does not |
|
pay the administrative penalty and the enforcement of the penalty |
|
is not stayed, the department may refer the matter to the attorney |
|
general for collection. |
|
Sec. 606.259. DETERMINATION BY COURT. (a) If the court |
|
sustains the determination that a violation occurred, the court may |
|
uphold or reduce the amount of the administrative penalty and order |
|
the person to pay the full or reduced amount. |
|
(b) If the court does not sustain the determination that a |
|
violation occurred, the court shall order that a penalty is not |
|
owed. |
|
Sec. 606.260. REMITTANCE OF PENALTY AND INTEREST. (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 department if the person |
|
paid the penalty under Section 606.257(a)(2); or |
|
(2) if the person paid the penalty under Section |
|
606.257(b)(1)(A) or posted a supersedeas bond, order the 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. |
|
(b) The interest paid under Subsection (a)(1) is accrued at |
|
the rate charged on loans to depository institutions by the New York |
|
Federal Reserve Bank. The interest shall be paid for the period |
|
beginning on the date the penalty is paid and ending on the date the |
|
penalty is remitted. |
|
Sec. 606.261. EXPENSES AND COSTS. (a) In this section, |
|
"reasonable expenses and costs" includes expenses incurred by the |
|
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 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 commissioner of state health services or that commissioner's |
|
designee requiring the payment of expenses and costs is final. The |
|
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 |
|
subchapter and the person is found liable for an administrative |
|
penalty, the attorney general may recover, on behalf of the |
|
attorney general and the department, reasonable expenses and costs. |
|
Sec. 606.262. ADMINISTRATIVE PROCEDURE. A proceeding under |
|
this subchapter is subject to Chapter 2001, Government Code. |
|
[Sections 606.263-606.300 reserved for expansion] |
|
SUBCHAPTER G. ENFORCEMENT AND OTHER PENALTY PROVISIONS |
|
Sec. 606.301. INJUNCTION; CIVIL PENALTY. (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 |
|
commissioner of state health services or the department may bring |
|
an action to enjoin the continued or threatened violation. |
|
(b) A person who violates this chapter or a rule adopted |
|
under this chapter is subject to a civil penalty in an amount not to |
|
exceed $1,000 for each day of violation. |
|
(c) At the request of the commissioner of state health |
|
services or the 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. |
|
Sec. 606.302. CRIMINAL OFFENSES. (a) A person who is |
|
required to be certified under this chapter commits an offense if |
|
the person: |
|
(1) knowingly administers a surgical procedure to |
|
another person without holding a valid certificate issued by the |
|
department; |
|
(2) practices surgical technology without holding a |
|
certificate under this chapter; |
|
(3) uses or attempts to use a suspended or revoked |
|
certificate; |
|
(4) obtains or attempts to obtain a certificate |
|
through bribery or fraudulent misrepresentation; |
|
(5) uses the title or name "certified surgical |
|
technologist" or any other title or name that implies the person is |
|
certified to practice surgical technology, unless the person is |
|
certified under this chapter; or |
|
(6) knowingly conceals information relating to |
|
enforcement of this chapter or a rule adopted under this chapter. |
|
(b) An offense under this section is a Class B misdemeanor. |
|
SECTION 2. Section 241.0262, Health and Safety Code, is |
|
repealed. |
|
SECTION 3. Not later than December 1, 2007, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt the rules necessary to implement Chapter 606, Health and |
|
Safety Code, as added by this Act. |
|
SECTION 4. Notwithstanding Chapter 606, Health and Safety |
|
Code, as added by this Act, a person is not required to hold a |
|
certificate of registration as a surgical technologist to perform |
|
the practice of surgical technology before September 1, 2008. |
|
SECTION 5. (a) Except as provided by Subsection (b) of this |
|
section, this Act takes effect September 1, 2007. |
|
(b) Subchapters C, E, and F, Chapter 606, Occupations Code, |
|
as added by this Act, take effect September 1, 2008. |