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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of medical radiologic technology. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 601.002, Occupations Code, is amended by |
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adding Subdivisions (10-a) and (10-b) to read as follows: |
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(10-a) "Radiologist" means a physician specializing |
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in radiology certified by or board-eligible for the American Board |
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of Radiology, the American Osteopathic Board of Radiology, the |
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British Royal College of Radiology, or the Canadian College of |
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Physicians and Surgeons. This definition does not alter or affect |
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the term "chiropractic radiologist." |
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(10-b) "Radiologist assistant" means an |
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advanced-level medical radiologic technologist certified under |
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this chapter, other than a practitioner, who is registered with the |
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American Registry of Radiologic Technologists and credentialed to |
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provide radiology services under the supervision of a radiologist. |
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SECTION 2. Section 601.053, Occupations Code, is amended to |
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read as follows: |
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Sec. 601.053. MINIMUM STANDARDS. The board by rule shall |
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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: |
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(A) individuals, registered nurses, and |
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physician assistants to perform radiologic procedures; and |
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(B) radiologist assistants to provide radiology |
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services under the supervision of a radiologist; |
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(3) approving instructors to teach approved curricula |
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or education programs to train: |
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(A) individuals to perform radiologic |
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procedures; and |
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(B) radiologist assistants to provide radiology |
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services under the supervision of a radiologist; and |
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(4) rescinding an approval described by Subdivision |
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(2) or (3). |
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SECTION 3. Subsections (a) and (b), Section 601.056, |
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Occupations Code, are amended to read as follows: |
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(a) The board with the assistance of other appropriate state |
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agencies shall identify by rule radiologic procedures, other than |
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radiologic procedures described by Subsection (c), that are |
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dangerous or hazardous and that may be performed only by a |
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practitioner or a medical radiologic technologist or radiologist |
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assistant certified under this chapter. |
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(b) In adopting rules under Subsection (a), the board may |
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consider whether the radiologic procedure will be performed by a |
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registered nurse or a licensed physician assistant or a radiologist |
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assistant certified under this chapter. |
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SECTION 4. Section 601.058, Occupations Code, is amended to |
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read as follows: |
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Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE |
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BIDDING. (a) The board may not adopt rules restricting |
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advertising or competitive bidding by a medical radiologic |
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technologist or radiologist assistant except to prohibit false, |
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misleading, or deceptive practices. |
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(b) In its rules to prohibit false, misleading, or deceptive |
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practices, the board 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 medical radiologic |
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technologist's or radiologist assistant's personal appearance or |
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voice in an advertisement; |
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(3) relates to the size or duration of an |
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advertisement by the medical radiologic technologist or |
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radiologist assistant; or |
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(4) restricts the medical radiologic technologist's or |
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radiologist assistant's advertisement under a trade name. |
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SECTION 5. Subchapter C, Chapter 601, Occupations Code, is |
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amended by adding Section 601.1055 to read as follows: |
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Sec. 601.1055. RADIOLOGIST ASSISTANT CERTIFICATE. (a) A |
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person seeking to obtain certification as a radiologist assistant |
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must: |
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(1) hold a general certificate to perform radiologic |
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procedures; |
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(2) have completed an advanced academic program |
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encompassing a nationally recognized radiologist assistant |
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curriculum that: |
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(A) culminates in the award of a baccalaureate |
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degree, postbaccalaureate certificate, or graduate degree; and |
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(B) incorporates a radiologist-directed clinical |
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preceptorship; |
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(3) be certified in advanced cardiac life support; and |
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(4) be registered with the American Registry of |
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Radiologic Technologists and credentialed as a radiologist |
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assistant to provide radiology services under the supervision of a |
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radiologist. |
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(b) The board, with the advice and consent of the Texas |
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Medical Board, by rule shall determine the scope of practice of and |
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qualifications to serve as a radiologist assistant. A rule adopted |
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under this subsection must be consistent with guidelines adopted by |
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the American College of Radiology, the American Society of |
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Radiologic Technologists, and the American Registry of Radiologic |
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Technologists. |
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(c) A radiologist may use the services of a radiologist |
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assistant to practice under the supervision of the radiologist to |
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the extent not prohibited by this chapter. |
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(d) A radiologist assistant may not interpret images, make |
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diagnoses, or prescribe medications or therapies. |
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SECTION 6. Subsections (b) and (c), Section 601.102, |
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Occupations Code, are amended to read as follows: |
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(b) The board may issue to a person: |
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(1) a general certificate to perform radiologic |
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procedures; [or] |
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(2) a limited certificate that authorizes the person |
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to perform radiologic procedures only on specific parts of the |
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human body; or |
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(3) a certificate as a radiologist assistant. |
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(c) The board may issue to a person a temporary general |
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certificate or a temporary limited certificate that authorizes the |
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person to perform radiologic procedures for a period not to exceed |
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one year. The board may issue to a person a temporary certificate |
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that authorizes the person to perform radiologic procedures as a |
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radiologist assistant for a period not to exceed one year. |
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SECTION 7. Subsection (b), Section 601.108, Occupations |
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Code, is amended to read as follows: |
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(b) The board shall prepare, recognize, or administer |
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continuing education programs for medical radiologic technologists |
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and radiologist assistants in which participation is required, to |
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the extent required by the board, to keep the person's certificate. |
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SECTION 8. This Act takes effect September 1, 2009. |