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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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amending Subdivision (3) and adding Subdivisions (5-a), (10-a), |
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(10-b), and (10-c) to read as follows: |
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(3) "Department" means the [Texas] Department of State |
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Health Services. |
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(5-a) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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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. |
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(10-b) "Radiologist assistant" means an |
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advanced-level medical radiologic technologist who is certified |
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under this chapter as a radiologist assistant. |
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(10-c) "Radiology practitioner assistant" means an |
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advanced-level medical radiologic technologist who is certified |
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under this chapter as a radiology practitioner assistant. |
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SECTION 2. Subchapter A, Chapter 601, Occupations Code, is |
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amended by adding Section 601.003 to read as follows: |
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Sec. 601.003. REFERENCES TO BOARD. A reference in this |
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chapter to the board or Texas Board of Health with respect to |
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rulemaking means the executive commissioner. All other references |
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to the board or Texas Board of Health in this chapter mean the |
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department. |
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SECTION 3. 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 executive |
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commissioner [board] 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: |
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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 and radiology |
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practitioner assistants to provide radiology services under the |
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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 and radiology |
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practitioner assistants to provide radiology services under the |
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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 4. Sections 601.056(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The executive commissioner [board] with the assistance |
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of other appropriate state agencies shall identify by rule |
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radiologic procedures, other than radiologic procedures described |
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by Subsection (c), that are dangerous or hazardous and that may be |
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performed only by a practitioner or a medical radiologic |
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technologist, radiologist assistant, or radiology practitioner |
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assistant certified under this chapter. |
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(b) In adopting rules under Subsection (a), the executive |
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commissioner [board] may consider whether the radiologic procedure |
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will be performed by a registered nurse, [or] a licensed physician |
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assistant, or a radiologist assistant or radiology practitioner |
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assistant certified under this chapter. |
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SECTION 5. 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 executive commissioner [board] may not adopt |
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rules restricting advertising or competitive bidding by a medical |
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radiologic technologist, radiologist assistant, or radiology |
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practitioner assistant except to prohibit false, misleading, or |
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deceptive practices. |
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(b) In its rules to prohibit false, misleading, or deceptive |
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practices, the executive commissioner [board] may not include a |
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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, radiologist assistant's, or radiology practitioner |
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assistant's 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 medical radiologic technologist, radiologist |
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assistant, or radiology practitioner assistant; or |
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(4) restricts the medical radiologic technologist's, |
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radiologist assistant's, or radiology practitioner assistant's |
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advertisement under a trade name. |
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SECTION 6. Sections 601.102(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) The department [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 or |
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radiology practitioner assistant. |
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(c) The department [board] may issue to a person a temporary |
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general certificate or a temporary limited certificate that |
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authorizes the person to perform radiologic procedures for a period |
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not to exceed one year. The department may issue to a person a |
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temporary certificate that authorizes the person to perform |
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radiologic procedures as a radiologist assistant or radiology |
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practitioner assistant for a period not to exceed one year. |
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SECTION 7. 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 OR RADIOLOGY |
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PRACTITIONER ASSISTANT CERTIFICATE. (a) A person seeking to |
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obtain certification as a radiologist assistant must: |
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(1) be a medical radiologic technologist certified |
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under this chapter; |
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(2) have a baccalaureate degree, postbaccalaureate |
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certificate, or graduate degree from an advanced academic program |
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encompassing a nationally recognized radiologist assistant |
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curriculum that incorporates a radiologist-directed clinical |
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preceptorship; |
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(3) be registered with the American Registry of |
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Radiologic Technologists; and |
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(4) be credentialed to provide radiology services |
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under the supervision of a radiologist. |
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(b) A person seeking to obtain certification as a radiology |
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practitioner assistant must: |
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(1) meet the qualifications under Subsection (a) for a |
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radiologist assistant certificate; and |
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(2) be certified as a radiology practitioner assistant |
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by the Certification Board for Radiology Practitioner Assistants. |
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(c) The executive commissioner, with the advice and consent |
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of the Texas Medical Board, by rule shall determine the scope of |
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practice of and qualifications to serve as a radiologist assistant |
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or radiology practitioner assistant. A rule adopted under this |
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subsection must be consistent with guidelines adopted by the |
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American College of Radiology, the American Society of Radiologic |
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Technologists, and the American Registry of Radiologic |
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Technologists. |
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(d) A radiologist may use the services of a radiologist |
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assistant or radiology practitioner assistant to practice under the |
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supervision of the radiologist to the extent not prohibited by this |
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chapter. |
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(e) A radiologist assistant or radiology practitioner |
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assistant may not interpret images, make diagnoses, or prescribe |
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medications or therapies. |
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SECTION 8. Section 601.108(b), Occupations Code, is amended |
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to read as follows: |
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(b) The department [board] shall prepare, recognize, or |
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administer continuing education programs for medical radiologic |
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technologists, radiologist assistants, and radiology practitioner |
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assistants in which participation is required, to the extent |
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required by the department [board], to keep the person's |
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certificate. |
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SECTION 9. Subchapter C, Chapter 601, Occupations Code, is |
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amended by adding Section 601.1091 to read as follows: |
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Sec. 601.1091. TRANSITIONAL CERTIFICATE FOR RADIOLOGY |
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PRACTITIONER ASSISTANT. (a) The department may issue a |
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transitional certificate to an applicant who seeks certification as |
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a radiology practitioner assistant and who: |
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(1) was certified as a radiology practitioner |
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assistant by the Certification Board for Radiology Practitioner |
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Assistants before June 1, 2008; and |
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(2) meets all of the requirements for certification as |
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a radiology practitioner assistant, except the applicant does not |
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have a baccalaureate degree, postbaccalaureate certificate, or |
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graduate degree from an advanced academic program encompassing a |
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nationally recognized radiologist assistant curriculum that |
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incorporates a radiologist-directed clinical preceptorship. |
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(b) A transitional certificate holder must provide to the |
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department documentation of a degree or certificate that meets the |
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requirements of Subsection (a)(2) not later than the third |
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anniversary of the date the transitional certificate was issued. |
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The department shall issue a radiology practitioner assistant |
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certificate to the transitional certificate holder if the |
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department verifies that the transitional certificate holder meets |
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the requirements for a radiology practitioner assistant |
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certificate under this chapter. |
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(c) The department may not issue a transitional certificate |
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under this section that is valid for more than three years. |
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(d) The executive commissioner may establish a fee for a |
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transitional certificate in an amount reasonable and necessary to |
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cover the cost of issuing the certificate. |
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(e) This section expires September 1, 2015. |
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SECTION 10. Section 601.002(2), Occupations Code, is |
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repealed. |
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SECTION 11. This Act takes effect September 1, 2011. |