82R3528 SLB-F
 
  By: Lucio S.B. No. 805
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of medical laboratory
  science professionals; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle M, Title 3, Occupations Code, is
  amended by adding Chapter 703 to read as follows:
  CHAPTER 703.  MEDICAL LABORATORY SCIENCE PROFESSIONALS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 703.001.  SHORT TITLE.  This chapter may be cited as the
  Medical Laboratory Science Practice Act.
         Sec. 703.002.  PUBLIC POLICY; LEGISLATIVE PURPOSE.  (a)  The
  legislature declares as a policy of this state that:
               (1)  the practice of medical laboratory science by
  health care professionals affects the public health, safety, and
  welfare and is subject to control and regulation in the public
  interest; and
               (2)  medical laboratories and medical laboratory
  science professionals provide essential services to health care
  professionals by furnishing vital information that may be used in
  the diagnosis, prevention, and treatment of diseases or impairments
  and the assessment of human health.
         (b)  The purpose of this chapter is to ensure better
  protection of the public health by:
               (1)  requiring minimum qualifications for medical
  laboratory science professionals; and
               (2)  ensuring that medical laboratory tests are
  performed with the highest degree of professional competency by
  individuals engaged in providing the services in this state.
         Sec. 703.003.  DEFINITIONS. In this chapter:
               (1)  "Advisory committee" means the Medical Laboratory
  Science Advisory Committee.
               (2)  "Categorical medical laboratory scientist" means
  an individual licensed under this chapter to perform medical
  laboratory scientist services in one major practice area of a
  laboratory.
               (3)  "CLIA" means the federal Clinical Laboratory
  Improvement Amendments (42 C.F.R. Part 493).
               (4)  "Commissioner" means the commissioner of state
  health services.
               (5)  "Department" means the Department of State Health
  Services.
               (6)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (7)  "Laboratory director" means a person who meets the
  requirements of a laboratory director under CLIA.
               (8)  "Medical laboratory" means a facility in which a
  medical laboratory test is performed for diagnosis, prevention, or
  treatment of disease or impairment or assessment of human health.
               (9)  "Medical laboratory assistant" means an
  individual who may assist in the performance of medical laboratory
  tests and procedures under the supervision of a laboratory
  director.
               (10)  "Medical laboratory science professional" means
  an individual licensed under this chapter to practice medical
  laboratory science.
               (11)  "Medical laboratory scientist" means an
  individual who assists in the performance of tests and procedures
  under supervision by a laboratory director.
               (12)  "Medical laboratory scientist services" means:
                     (A)  the performance of medical laboratory tests;
                     (B)  the establishment and implementation of
  protocols, quality assessment, method development and selection,
  equipment selection and maintenance, and all activities related to
  the pre-analytic, analytic, and post-analytic phases of medical
  laboratory testing; and
                     (C)  the direction, supervision, consultation,
  education, and performance of research functions related to medical
  laboratory testing.
               (13)  "Medical laboratory technician" means an
  individual licensed under this chapter to perform medical
  laboratory technician services.
               (14)  "Medical laboratory technician services" means
  the performance of medical laboratory tests in accordance with
  established and approved protocols that require the limited
  exercise of independent judgment and are performed under the
  supervision of a medical laboratory scientist, laboratory
  supervisor, or laboratory director.
               (15)  "Medical laboratory test" means a
  microbiological, serological, chemical, biological,
  hematological, immunological, immunohematological,
  radioimmunoassay, cytochemical, or genetic test or procedure
  performed on material derived from or existing in a human body that
  provides information for the diagnosis, prevention, or monitoring
  of a disease or impairment or assessment of a medical condition.  
  The term includes the pre-analytic, analytic, and post-analytic
  phases of testing.
               (16)  "Point-of-care testing" means analytical patient
  testing activities provided at a health care facility but performed
  outside the central medical laboratory facilities that do not
  require permanent dedicated space, including testing using
  analytical instruments at a temporary patient care location.
               (17)  "Practice of medical laboratory science" means
  practice by an individual who manages, supervises, educates,
  consults, researches, or performs medical laboratory testing or
  technical procedures in a medical laboratory. The term does not
  include the activities of a licensed physician or of a person
  performing only clerical duties or other duties not directly
  related to the performance of medical laboratory testing.
               (18)  "Trainee" means an individual who has not
  fulfilled the educational requirements to take an approved
  nationally recognized certification examination or who is in the
  process of obtaining full-time comprehensive experience under
  supervision.
               (19)  "Waived test" means a simple laboratory
  examination or procedure that, under a federal interpretation of
  CLIA, employs a simple and accurate methodology that renders the
  likelihood of erroneous results negligible or poses no reasonable
  risk of harm to the patient if performed incorrectly.
         Sec. 703.004.  EXEMPTIONS. This chapter does not apply to:
               (1)  an individual licensed under another law of this
  state and engaged in health care services within the scope of the
  license holder's licensed practice;
               (2)  an individual engaged in the practice of medical
  laboratory science in the employ of the federal government or a
  federal bureau, division, or agency and in the discharge of the
  employee's official duties;
               (3)  an individual engaged in the practice of medical
  laboratory science and engaged exclusively in research, provided
  that the results of an examination performed are not used in health
  maintenance, diagnosis, or treatment of disease;
               (4)  an intern, student, or trainee enrolled in a
  medical laboratory science education program, provided that:
                     (A)  the activities constitute a part of a planned
  course in the program;
                     (B)  the individual is designated by title as an
  intern, student, or trainee; and
                     (C)  the individual works directly under an
  individual licensed by this state to practice medical laboratory
  science or an individual exempt from this chapter under Subdivision
  (3);
               (5)  an individual solely performing waived or
  provider-performed microscopy tests under CLIA;
               (6)  an individual performing point-of-care testing
  categorized under CLIA as moderate complexity in an acute care
  facility, if the facility complies with the following requirements:
                     (A)  in the laboratory, a medical laboratory
  scientist or laboratory director is responsible for:
                           (i)  designing and providing or supervising
  the training programs for the point-of-care testing personnel;
                           (ii)  supervising and monitoring the quality
  assurance and quality control activities of the testing site;
                           (iii)  assisting in the selection of
  technology;
                           (iv)  reviewing the results of proficiency
  testing and recommending corrective action, if necessary; and
                           (v)  monitoring the continued competency of
  the testing personnel; and
                     (B)  processes are in place at the facility and
  are acceptable to the department to ensure and document the
  continued competency of the point-of-care testing personnel;
               (7)  an individual solely performing histopathology
  testing, as described by CLIA;
               (8)  an individual solely performing or interpreting
  cytology testing, including the performance or interpretation of
  molecular testing on cytological specimens, as described by CLIA;
  or
               (9)  a medical laboratory assistant who performs
  non-testing pre-analytical duties, including processing specimens,
  accessioning, loading specimens into analyzers, or preparing
  specimens for referral testing.
         Sec. 703.005.  APPLICATION OF SUNSET ACT.  The Medical
  Laboratory Science Advisory Committee is subject to Chapter 325,
  Government Code (Texas Sunset Act).  Unless continued in existence
  as provided by that chapter, the advisory committee is abolished
  and this chapter expires September 1, 2023.
  [Sections 703.006-703.050 reserved for expansion]
  SUBCHAPTER B.  EXECUTIVE COMMISSIONER, COMMISSIONER, AND
  DEPARTMENT POWERS AND DUTIES
         Sec. 703.051.  RULES.  (a)  The executive commissioner shall
  adopt rules necessary to administer this chapter, including rules
  on:
               (1)  the qualifications for licensure under each
  category of medical laboratory science professional;
               (2)  the renewal of licensure;
               (3)  standards of professional conduct for each
  category of medical laboratory science professional;
               (4)  authorization or approval of nationally
  recognized and validated certification examinations for medical
  laboratory science professionals; and
               (5)  criteria for the continuing education of medical
  laboratory science professionals as required for license renewal.
         (b)  The executive commissioner by rule shall prescribe the
  activities that may be performed by each category of license holder
  under this chapter.
         Sec. 703.052.  FEES.  The executive commissioner shall
  establish and collect reasonable and necessary fees in amounts
  sufficient to cover the costs of administering this chapter.
         Sec. 703.053.  DEPARTMENT POWERS AND DUTIES.  (a)  The
  department may authorize disbursements necessary to implement this
  chapter, including disbursements for office expenses, equipment
  costs, and other necessary facilities.
         (b)  The department may examine any criminal conviction or
  guilty plea of an applicant for issuance or renewal of a license,
  including by obtaining any criminal history record information
  permitted by law.
         Sec. 703.054.  PERSONNEL.  The department may employ
  personnel necessary to administer this chapter.
         Sec. 703.055.  REGISTRY OF LICENSE HOLDERS. (a) The
  department shall maintain a registry of the name and addresses of
  each individual licensed under this chapter and each individual
  whose license has been suspended or revoked.
         (b)  The department shall post the registry on the
  department's Internet website and make copies of the registry
  available to the public on request.
         Sec. 703.056.  CONSUMER INTEREST INFORMATION.  (a)  The
  department shall prepare information of consumer interest
  describing:
               (1)  the functions performed by the department under
  this chapter; and
               (2)  the rights of a consumer affected by this chapter.
         (b)  The information must describe the procedure by which a
  consumer complaint is filed with and resolved by the department.
         (c)  The department shall make the information available to
  the public.
  [Sections 703.057-703.100 reserved for expansion]
  SUBCHAPTER C.  MEDICAL LABORATORY SCIENCE ADVISORY COMMITTEE
         Sec. 703.101.  ADVISORY COMMITTEE.  (a)  The Medical
  Laboratory Science Advisory Committee is an advisory body to the
  department and executive commissioner.
         (b)  The advisory committee consists of nine members
  appointed by the executive commissioner as follows:
               (1)  three members who are licensed medical laboratory
  science professionals, with at least one who is not a physician
  laboratory director and at least one who is a medical laboratory
  scientist;
               (2)  three members who are pathologists certified by
  the American Board of Pathology, the American Osteopathic Board of
  Pathology, or another certification board the department
  determines has certification requirements at least as stringent as
  those of the American Board of Pathology or the American
  Osteopathic Board of Pathology;
               (3)  one member who is a physician and is not a
  laboratory director or pathologist;
               (4)  one member who is a medical laboratory science
  educator; and
               (5)  one public member.
         (c)  The executive commissioner may make appointments to the
  advisory committee from lists submitted by organizations of medical
  laboratory science professionals and organizations of physician
  pathologists.
         (d)  Chapter 2110, Government Code, does not apply to the
  advisory committee.
         Sec. 703.102.  TERMS; VACANCIES.  (a)  Members serve
  staggered six-year terms and until their successors are appointed
  and qualified.
         (b)  A vacancy shall be filled for the remainder of the
  unexpired term in the same manner as an original appointment.
         (c)  A member may not serve more than two consecutive terms.
         Sec. 703.103.  PUBLIC MEMBER ELIGIBILITY.  A member who
  represents the public may not be:
               (1)  an officer, director, or employee of an individual
  regulated under this chapter;
               (2)  an individual required to register as a lobbyist
  under Chapter 305, Government Code; or
               (3)  an individual related to an individual described
  by Subdivision (1) or (2) within the second degree by affinity or
  consanguinity.
         Sec. 703.104.  COMPENSATION; REIMBURSEMENT.  A member of the
  advisory committee serves without compensation. If authorized by
  the executive commissioner, an advisory committee member is
  entitled to reimbursement for actual and necessary expenses
  incurred in performing the functions of the advisory committee,
  subject to the General Appropriations Act.
         Sec. 703.105.  MEETINGS. The advisory committee shall meet
  annually and may meet at other times at the call of the executive
  commissioner.
         Sec. 703.106.  ADVISORY COMMITTEE DUTIES.  The advisory
  committee shall provide advice and recommendations to the
  department and executive commissioner on technical matters
  relevant to the administration and enforcement of this chapter,
  including examination approval, licensing standards and
  qualifications, renewal requirements, standards of professional
  conduct, and continuing education requirements.
  [Sections 703.107-703.150 reserved for expansion]
  SUBCHAPTER D.  LICENSE REQUIREMENTS
         Sec. 703.151.  LICENSE REQUIRED.  Except as provided by
  Section 703.004, an individual may not perform or offer to perform
  medical laboratory tests or represent that the individual is a
  medical laboratory science professional unless the individual
  holds an appropriate license issued under this chapter.
         Sec. 703.152.  APPLICATION REQUIREMENTS. (a) An applicant
  for a license under this chapter must:
               (1)  submit to the department a completed application
  on a form prescribed by the commissioner;
               (2)  submit to the department any other information
  required by rule;
               (3)  demonstrate to the satisfaction of the
  commissioner the qualifications required by this chapter and by
  rule;
               (4)  demonstrate the applicant's honesty,
  trustworthiness, and integrity; and
               (5)  pay the application fee.
         (b)  The department shall issue the appropriate license to
  each individual who meets the qualifications required by this
  chapter and by rule.
         (c)  The department may conduct an examination of any
  criminal conviction of an applicant, including obtaining any
  criminal history record information permitted by law.
         (d)  Criminal history record information obtained by the
  department may not be released or disclosed to any person except on
  court order, with the written consent of the applicant that is the
  subject of the criminal history record information, or as provided
  by Section 411.110, Government Code.
         Sec. 703.153.  MEDICAL LABORATORY SCIENTIST. An applicant
  for a medical laboratory scientist license must:
               (1)  hold at least a baccalaureate degree from a
  regionally accredited college or university;
               (2)  have successfully completed the medical
  laboratory experience or training required by rule;
               (3)  be certified by a nationally recognized
  certification organization approved by the executive commissioner;
               (4)  pay the application fee and license fee; and
               (5)  comply with any other requirements established by
  rule.
         Sec. 703.154.  CATEGORICAL MEDICAL LABORATORY SCIENTIST. An
  applicant for a categorical medical laboratory scientist license
  must:
               (1)  hold at least a baccalaureate degree from a
  regionally accredited college or university;
               (2)  have successfully completed the medical
  laboratory experience or training required by rule;
               (3)  be certified by a nationally recognized
  certification organization approved by the executive commissioner;
               (4)  pay the application fee and license fee; and
               (5)  comply with any other requirements established by
  rule.
         Sec. 703.155.  MEDICAL LABORATORY TECHNICIAN. An applicant
  for a medical laboratory technician license must:
               (1)  hold at least an associate degree from a
  regionally accredited college or university;
               (2)  have successfully completed the medical
  laboratory experience or training required by rule;
               (3)  be certified by a nationally recognized
  certification organization approved by the executive commissioner;
               (4)  pay the application fee and license fee; and
               (5)  comply with any other requirements established by
  rule.
         Sec. 703.156.  TEMPORARY LICENSE.  (a)  The executive
  commissioner by rule may establish a procedure for issuance of
  temporary licenses to individuals under this chapter who intend to
  engage in the practice of medical laboratory science in this state
  for a limited period not to exceed six months.
         (b)  Unless otherwise noted on the license, a temporary
  license is valid for not more than six months after the date of
  issuance and may be renewed once at the discretion of the
  commissioner.
         Sec. 703.157.  PROVISIONAL LICENSE.  The department may
  issue a provisional license under this chapter to an applicant who
  holds a license in another state, submits a proper application, and
  pays the required fees if the department determines that the
  applicant is licensed in a state in which the requirements for
  issuance of the license are at least as stringent as the
  requirements under this chapter and by rule.
         Sec. 703.158.  LICENSE RENEWAL. (a)  A license issued under
  this chapter expires on the second anniversary of the date of
  issuance.  The executive commissioner by rule may adopt a system
  under which licenses expire on various dates during the year.
         (b)  A license holder may renew the license by paying the
  required renewal fee and:
               (1)  successfully completing at least 10 hours each
  year of continuing education courses, clinics, lectures, training
  programs, seminars, or other programs related to medical laboratory
  practice that are approved or accepted by the executive
  commissioner; or
               (2)  successfully completing recertification by a
  national certifying organization recognized by the executive
  commissioner that mandates at least 10 hours each year of
  continuing education for recertification.
         (c)  The executive commissioner by rule may require
  additional evidence of competency to practice medical laboratory
  science as the executive commissioner considers reasonably
  appropriate as a prerequisite to the renewal of any license under
  this chapter if the requirements are:
               (1)  uniformly applied;
               (2)  reasonably related to the measurement of
  qualification, performance, or competence; and
               (3)  desirable and necessary for the protection of the
  public health.
  [Sections 703.159-703.200 reserved for expansion]
  SUBCHAPTER E.  LICENSE DENIAL AND DISCIPLINARY ACTION
         Sec. 703.201.  GROUNDS FOR DISCIPLINARY ACTION.  The
  department may refuse to issue or renew, revoke, or suspend a
  license, place on probation, censure, or reprimand a license
  holder, or take any other disciplinary action, including the
  imposition of a civil penalty under Section 703.202 or the
  imposition of an administrative penalty under Section 703.204, the
  department considers appropriate for:
               (1)  a material misstatement in furnishing information
  to the department;
               (2)  a violation or negligent or intentional disregard
  of this chapter or a rule adopted under this chapter;
               (3)  a conviction for any crime under the laws of the
  United States or any state of the United States that is a felony or a
  misdemeanor, an essential element of which is dishonesty, or of any
  crime that is directly related to the practice of the profession;
               (4)  a misrepresentation made to obtain a license;
               (5)  a violation of any standard of professional
  conduct adopted by the executive commissioner;
               (6)  dishonorable, unethical, or unprofessional
  conduct of a character likely to deceive, defraud, or harm the
  public;
               (7)  the provision of professional services while
  mentally incompetent or under the influence of alcohol, a narcotic,
  or a controlled dangerous substance that is in excess of
  therapeutic amounts or without valid medical indication;
               (8)  directly or indirectly contracting to perform
  medical laboratory tests in a manner that offers or implies an offer
  of rebate, fee-splitting inducements or arrangements, or other
  remuneration;
               (9)  aiding or assisting another individual in
  violating any provision of this chapter or a rule adopted under this
  chapter; or
               (10)  a misrepresentation with regard to the existence
  or category of license or other certification or professional
  qualification held in connection with any employment application.
         Sec. 703.202.  CIVIL PENALTY.  (a)  A person who violates
  this chapter or a rule adopted under this chapter is liable to this
  state for a civil penalty of not more than $500 for each 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;
  and
               (4)  any other matter that justice may require.
         (c)  The attorney general may sue to collect a civil penalty
  under this section.  In the suit the attorney general may recover,
  on behalf of the state, the reasonable expenses incurred in
  obtaining the penalty, including investigation and court costs,
  reasonable attorney's fees, witness fees, and other expenses.
         Sec. 703.203.  HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If
  the department proposes to deny a license or take disciplinary
  action against a license holder, the license holder is entitled to a
  hearing.
         (b)  The proceedings relating to a license denial and
  disciplinary action by the department under this chapter are
  governed by Chapter 2001, Government Code. A hearing under this
  chapter shall be conducted by the State Office of Administrative
  Hearings.
         Sec. 703.204.  ADMINISTRATIVE PENALTY. (a) The
  commissioner may impose an administrative penalty on an individual
  licensed under this chapter who violates this chapter or a rule or
  order adopted under this chapter.
         (b)  The amount of the penalty may not exceed $500.  Each day
  a violation continues or occurs is a separate violation for the
  purpose of imposing a penalty.  The amount shall be based on:
               (1)  the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of the violation;
               (2)  the economic harm caused by the violation;
               (3)  the history of previous violations;
               (4)  the amount necessary to deter a future violation;
               (5)  efforts to correct the violation; and
               (6)  any other matter that justice may require.
         (c)  The individual may stay enforcement during the time the
  order is under judicial review if the individual pays the penalty to
  the court clerk or files a supersedeas bond with the court in the
  amount of the penalty. An individual who cannot afford to pay the
  penalty or file the bond may stay enforcement by filing an affidavit
  in the manner required by the Texas Rules of Civil Procedure for a
  party who cannot afford to file security for costs, except that the
  department may contest the affidavit as provided by those rules.
         (d)  A proceeding to impose an administrative penalty is
  subject to Chapter 2001, Government Code.
  [Sections 703.205-703.250 reserved for expansion]
  SUBCHAPTER F. TRANSITIONAL LICENSING
         Sec. 703.251.  TEMPORARY PROVISION; TRANSITIONAL LICENSING.
  (a)  This subchapter expires September 1, 2015.  The department may
  not issue a transitional license under this subchapter after August
  31, 2013.
         (b)  The department shall issue a transitional license to a
  qualified applicant under this subchapter who:
               (1)  submits to the department the information required
  by rule, including, as applicable:
                     (A)  the job description of the medical laboratory
  position the applicant most recently held and a sworn statement by
  the applicant's employer attesting to the applicant's job
  description; or
                     (B)  proof that the applicant is certified by a
  nationally recognized certification agency approved by the
  executive commissioner; and
               (2)  pays the application and licensing fee.
         Sec. 703.252.  MEDICAL LABORATORY SCIENTIST.  To qualify for
  a transitional license under this subchapter as a medical
  laboratory scientist, an applicant must:
               (1)  be currently certified as a medical laboratory
  scientist by a certification agency approved by the executive
  commissioner;
               (2)  have met the education requirements of Section
  703.153 and have performed the duties of a medical laboratory
  scientist for at least three years during the five years preceding
  the date of application;
               (3)  have been engaged in the full-time education of
  medical laboratory practitioners for at least two years during the
  five years preceding the date of application; or
               (4)  have performed the duties of a medical laboratory
  scientist for at least five years preceding the date of
  application.
         Sec. 703.253.  CATEGORICAL MEDICAL LABORATORY SCIENTIST.  To
  qualify for a transitional license under this subchapter as a
  categorical medical laboratory scientist, an applicant must:
               (1)  be currently certified as a categorical medical
  laboratory scientist by a certification agency approved by the
  executive commissioner;
               (2)  have met the education requirements of Section
  703.154 and have performed the duties of a categorical medical
  laboratory scientist for at least three years during the five years
  preceding the date of application;
               (3)  have been engaged in the full-time education of
  medical laboratory practitioners for at least two years during the
  five years preceding the date of application; or
               (4)  have performed the duties of a categorical medical
  laboratory scientist for at least five years preceding the date of
  application.
         Sec. 703.254.  MEDICAL LABORATORY TECHNICIAN.  To qualify
  for a transitional license under this subchapter as a medical
  laboratory technician, an applicant must:
               (1)  be currently certified as a medical laboratory
  technician by a certification agency approved by the executive
  commissioner;
               (2)  have met the education requirements of Section
  703.155 and have performed the duties of a medical laboratory
  technician for at least three years during the five years preceding
  the date of application; or
               (3)  have performed the duties of a medical laboratory
  technician for at least five years preceding the date of
  application.
         Sec. 703.255.  EFFECT OF TRANSITIONAL LICENSE.  The holder
  of a transitional license issued under this subchapter is entitled
  to practice to the same extent as the holder of a license under
  Subchapter D.
         Sec. 703.256.  RENEWAL. A transitional license issued under
  this subchapter expires on the second anniversary of the date of
  issuance.  Notwithstanding the qualifications for an initial
  license under Section 703.153, 703.154, or 703.155, the
  transitional license may be renewed under Section 703.158.
         SECTION 2.  Section 411.110(a), Government Code, is amended
  to read as follows:
         (a)  The Department of State Health Services is entitled to
  obtain from the department criminal history record information
  maintained by the department that relates to:
               (1)  a person who is:
                     (A)  an applicant for a license or certificate
  under the Emergency Medical Services Act (Chapter 773, Health and
  Safety Code);
                     (B)  an owner or manager of an applicant for an
  emergency medical services provider license under that Act; or
                     (C)  the holder of a license or certificate under
  that Act;
               (2)  an applicant for a license or a license holder
  under Subchapter N, Chapter 431, Health and Safety Code;
               (3)  an applicant for a license, the owner or manager of
  an applicant for a massage establishment license, or a license
  holder under Chapter 455, Occupations Code;
               (4)  an applicant for employment at or current employee
  of:
                     (A)  the Texas Center for Infectious Disease; or
                     (B)  the South Texas Health Care System; [or]
               (5)  an applicant for employment at, current employee
  of, or person who contracts or may contract to provide goods or
  services with:
                     (A)  the vital statistics unit of the Department
  of State Health Services; or
                     (B)  the Council on Sex Offender Treatment or
  other division or component of the Department of State Health
  Services that monitors sexually violent predators as described by
  Section 841.003(a), Health and Safety Code; or
               (6)  an applicant for a license or a license holder
  under Chapter 703, Occupations Code.
         SECTION 3.  As soon as possible after the effective date of
  this Act, the executive commissioner of the Health and Human
  Services Commission shall appoint the members of the Medical
  Laboratory Science Advisory Committee in accordance with Chapter
  703, Occupations Code, as added by this Act. In making the initial
  appointments, the executive commissioner shall designate:
               (1)  three members for terms expiring February 1, 2013;
               (2)  three members for terms expiring February 1, 2015;
  and
               (3)  three members for terms expiring February 1, 2017.
         SECTION 4.  The executive commissioner of the Health and
  Human Services Commission shall adopt the rules, standards,
  procedures, and fees necessary to implement Chapter 703,
  Occupations Code, as added by this Act, not later than March 1,
  2012.
         SECTION 5.  Notwithstanding Chapter 703, Occupations Code,
  as added by this Act, an individual engaged in the practice of
  medical laboratory science is not required to hold a license under
  that chapter to engage in the practice of medical laboratory
  science before September 1, 2012.
         SECTION 6.  This Act takes effect September 1, 2011.