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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of medical laboratory |
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professionals; providing penalties; imposing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle M, Title 3, Occupations Code, is |
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amended by adding Chapter 703 to read as follows: |
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CHAPTER 703. MEDICAL LABORATORY PROFESSIONALS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 703.001. SHORT TITLE. This chapter may be cited as the |
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Medical Laboratory Science Practice Act. |
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Sec. 703.002. PUBLIC POLICY; LEGISLATIVE PURPOSE. (a) The |
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legislature declares as a policy of this state that: |
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(1) the practice of medical laboratory science by |
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health care professionals affects the public health, safety, and |
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welfare and is subject to control and regulation in the public |
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interest; and |
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(2) medical laboratories and medical laboratory |
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professionals provide essential services to health care |
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professionals by furnishing vital information that may be used in |
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the diagnosis, prevention, and treatment of diseases or impairments |
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and the assessment of human health. |
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(b) The purpose of this chapter is to ensure better |
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protection of the public health by: |
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(1) requiring minimum qualifications for medical |
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laboratory professionals; and |
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(2) ensuring that medical laboratory tests are |
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performed with the highest degree of professional competency by |
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individuals engaged in providing the services in this state. |
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Sec. 703.003. DEFINITIONS. In this chapter: |
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(1) "Advisory committee" means the Medical Laboratory |
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Science Advisory Committee. |
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(2) "Categorical medical laboratory scientist" means |
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an individual licensed under this chapter to perform medical |
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laboratory scientist services in one major practice area of a |
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laboratory under the supervision, control, and responsibility of a |
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laboratory director. |
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(3) "CLIA" means the federal Clinical Laboratory |
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Improvement Amendments of 1988 (42 C.F.R. Part 493). |
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(4) "Commissioner" means the commissioner of state |
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health services. |
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(5) "Department" means the Department of State Health |
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Services. |
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(6) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(7) "Independent technical judgment" means the |
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application of an individual's knowledge, skill, expertise, and |
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experience in making decisions about the performance or validity of |
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clinical laboratory tests without intervention by or the direct |
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supervision of a laboratory director. |
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(8) "Laboratory director" means a person who meets the |
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requirements of a laboratory director under CLIA. |
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(9) "Medical laboratory" means a facility in which a |
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medical laboratory test is performed for diagnosis, prevention, or |
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treatment of disease or impairment or assessment of human health. |
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(10) "Medical laboratory scientist" means an |
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individual who uses independent technical judgment in the |
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performance of tests and procedures under the supervision, control, |
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and responsibility of a laboratory director. |
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(11) "Medical laboratory scientist services" means: |
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(A) the use of independent technical judgment in |
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the performance of medical laboratory tests; |
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(B) the establishment and implementation of |
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protocols, quality assessment, method development and selection, |
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equipment selection and maintenance, and all activities related to |
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the pre-analytic, analytic, and post-analytic phases of medical |
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laboratory testing under the supervision, control, and |
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responsibility of a laboratory director; and |
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(C) the direction, supervision, consultation, |
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education, and performance of research functions related to medical |
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laboratory testing. |
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(12) "Medical laboratory technician" means an |
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individual licensed under this chapter to perform medical |
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laboratory technician services. |
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(13) "Medical laboratory technician services" means |
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the performance of medical laboratory tests in accordance with |
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established and approved protocols that require the limited |
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exercise of independent technical judgment and are performed under |
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the supervision of a medical laboratory scientist, laboratory |
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supervisor, or laboratory director. |
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(14) "Medical laboratory test" means a |
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microbiological, serological, chemical, biological, |
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hematological, immunological, immunohematological, immunoassay, |
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cytochemical, or genetic test or procedure performed on material |
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derived from or existing in a human body that provides information |
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for the diagnosis, prevention, or monitoring of a disease or |
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impairment or assessment of a medical condition. The term includes |
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the pre-analytic, analytic, and post-analytic phases of testing. |
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(15) "Point-of-care testing" means analytical patient |
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testing activities provided at a health care facility but performed |
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outside the central medical laboratory facilities that do not |
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require permanent dedicated space, including testing using |
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analytical instruments at a temporary patient care location. |
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(16) "Practice of medical laboratory science" means |
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practice by an individual who manages, supervises, educates, |
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consults, researches, or performs medical laboratory testing or |
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technical procedures in a medical laboratory. The term does not |
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include the practice of medicine or the activities of a person |
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performing only clerical duties or other duties not directly |
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related to the performance of medical laboratory testing. |
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(17) "Waived test" means a simple laboratory |
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examination or procedure that, under a federal interpretation of |
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CLIA, employs a simple and accurate methodology that renders the |
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likelihood of erroneous results negligible or poses no reasonable |
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risk of harm to the patient if performed incorrectly. |
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Sec. 703.004. EXEMPTIONS. This chapter does not apply to: |
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(1) a physician licensed to practice medicine in this |
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state; |
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(2) an individual licensed under another law of this |
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state and engaged in health care services within the scope of the |
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license holder's licensed practice; |
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(3) an individual engaged in the practice of medical |
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laboratory science in the employ of the federal government or a |
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federal bureau, division, or agency and in the discharge of the |
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employee's official duties; |
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(4) an individual engaged in the practice of medical |
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laboratory science and engaged exclusively in research, provided |
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that the results of an examination performed are not used in health |
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maintenance, diagnosis, or treatment of disease; |
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(5) an intern, student, or trainee enrolled in a |
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medical laboratory science education program, provided that: |
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(A) the activities constitute a part of a planned |
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course in the program; |
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(B) the individual is designated by title as an |
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intern, student, or trainee; and |
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(C) the individual works directly under an |
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individual licensed by this state to practice medical laboratory |
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science or an individual exempt from this chapter under Subdivision |
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(4); |
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(6) an individual solely performing waived or |
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provider-performed microscopy tests under CLIA; |
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(7) an individual performing point-of-care testing |
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categorized under CLIA as moderate complexity in an acute care |
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facility, if the facility complies with the following requirements: |
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(A) in the laboratory, a laboratory director is |
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responsible for: |
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(i) designing and providing or supervising |
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the training programs for the point-of-care testing personnel; |
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(ii) supervising and monitoring the quality |
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assurance and quality control activities of the testing site; |
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(iii) assisting in the selection of |
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technology; |
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(iv) reviewing the results of proficiency |
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testing and recommending corrective action, if necessary; and |
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(v) monitoring the continued competency of |
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the testing personnel; and |
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(B) processes are in place at the facility and |
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are acceptable to the department to ensure and document the |
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continued competency of the point-of-care testing personnel; |
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(8) an individual solely performing histopathology |
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testing, as described by CLIA; |
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(9) an individual solely performing or interpreting |
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cytology testing, including the performance or interpretation of |
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molecular testing on cytological specimens, as described by CLIA, |
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provided that nothing in this chapter may be construed as a |
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limitation on the scope of work permitted under CLIA for qualified |
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cytotechnologists; |
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(10) an individual who performs non-testing |
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pre-analytical duties, including processing specimens, |
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accessioning, loading specimens into analyzers, or preparing |
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specimens for referral testing; or |
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(11) an individual solely performing or interpreting |
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histocompatibility testing for transplantation services. |
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Sec. 703.005. APPLICATION OF SUNSET ACT. The Medical |
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Laboratory Science Advisory Committee is subject to Chapter 325, |
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Government Code (Texas Sunset Act). Unless continued in existence |
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as provided by that chapter, the advisory committee is abolished |
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and this chapter expires September 1, 2027. |
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SUBCHAPTER B. EXECUTIVE COMMISSIONER, COMMISSIONER, AND |
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DEPARTMENT POWERS AND DUTIES |
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Sec. 703.051. RULES. (a) The executive commissioner shall |
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adopt rules to administer this chapter and as necessary to protect |
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the public health, safety, and welfare, including rules on: |
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(1) the qualifications for licensure under each |
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category of medical laboratory scientist; |
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(2) the renewal of licensure; |
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(3) standards of professional conduct for each |
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category of medical laboratory scientist; |
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(4) authorization or approval of nationally |
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recognized and validated certification examinations for medical |
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laboratory scientists; and |
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(5) criteria for the continuing education of medical |
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laboratory scientists as required for license renewal. |
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(b) The executive commissioner by rule shall prescribe the |
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activities that may be performed by each category of license holder |
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under this chapter. |
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(c) This chapter may not be construed as providing the |
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department or the executive commissioner authority to: |
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(1) regulate the activities of a physician who is |
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directing a clinical laboratory; or |
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(2) establish by rule an academic, educational, or |
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examination requirement that is not prescribed by this chapter for |
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a physician who is a laboratory director. |
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Sec. 703.052. FEES. (a) The executive commissioner shall |
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establish and collect reasonable and necessary fees in amounts |
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sufficient to: |
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(1) cover the costs of administering this chapter; and |
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(2) provide adequate funding for education related to |
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this chapter. |
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(b) The executive commissioner may exempt from a fee |
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required under this chapter a person who is: |
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(1) licensed under this chapter; and |
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(2) employed by the department. |
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Sec. 703.053. DEPARTMENT POWERS AND DUTIES. (a) The |
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department may authorize disbursements necessary to implement this |
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chapter, including disbursements for office expenses, equipment |
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costs, and other necessary facilities. |
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(b) The department may examine any criminal conviction or |
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guilty plea of an applicant for issuance or renewal of a license, |
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including by obtaining any criminal history record information |
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authorized by law. |
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Sec. 703.054. PERSONNEL. The department may employ |
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personnel necessary to administer this chapter. |
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Sec. 703.055. REGISTRY OF LICENSE HOLDERS. (a) The |
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department shall maintain a registry of the name and addresses of |
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each individual licensed under this chapter and each individual |
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whose license has been suspended or revoked. |
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(b) The department shall post the registry on the |
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department's Internet website and make copies of the registry |
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available to the public on request. |
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Sec. 703.056. CONSUMER INTEREST INFORMATION. (a) The |
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department shall prepare information of consumer interest |
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describing: |
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(1) the functions performed by the department under |
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this chapter; and |
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(2) the rights of a consumer affected by this chapter. |
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(b) The information must describe the procedure by which a |
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consumer complaint is filed with and resolved by the department. |
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(c) The department shall make the information available to |
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the public. |
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SUBCHAPTER C. MEDICAL LABORATORY SCIENCE ADVISORY COMMITTEE |
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Sec. 703.101. ADVISORY COMMITTEE. (a) The Medical |
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Laboratory Science Advisory Committee is an advisory body to the |
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department and executive commissioner. |
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(b) The advisory committee consists of nine members |
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appointed by the executive commissioner as follows: |
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(1) three members who are medical laboratory |
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scientists who are not physicians, at least one of whom is not a |
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laboratory director; |
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(2) three members who are pathologists certified by |
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The American Board of Pathology, the American Osteopathic Board of |
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Pathology, or another certification board the department |
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determines has certification requirements at least as stringent as |
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those of The American Board of Pathology or the American |
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Osteopathic Board of Pathology; |
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(3) one member who is a physician and is not a |
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laboratory director or pathologist; |
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(4) one member who is a medical laboratory science |
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educator and is not a physician; and |
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(5) one public member. |
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(c) The executive commissioner may make appointments to the |
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advisory committee from lists submitted by organizations of medical |
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laboratory scientists and organizations of physician pathologists. |
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(d) Chapter 2110, Government Code, does not apply to the |
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advisory committee. |
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Sec. 703.102. TERMS; VACANCIES. (a) Members serve |
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staggered six-year terms and until their successors are appointed |
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and qualified. |
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(b) A vacancy shall be filled for the remainder of the |
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unexpired term in the same manner as an original appointment. |
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(c) A member may not serve more than two consecutive terms. |
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Sec. 703.103. PUBLIC MEMBER ELIGIBILITY. A member who |
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represents the public may not be: |
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(1) an officer, director, or employee of an individual |
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regulated under this chapter; |
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(2) an individual required to register as a lobbyist |
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under Chapter 305, Government Code; or |
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(3) an individual related to an individual described |
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by Subdivision (1) or (2) within the second degree by affinity or |
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consanguinity. |
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Sec. 703.104. COMPENSATION; REIMBURSEMENT. A member of the |
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advisory committee serves without compensation. If authorized by |
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the executive commissioner, an advisory committee member is |
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entitled to reimbursement for actual and necessary expenses |
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incurred in performing the functions of the advisory committee, |
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subject to the General Appropriations Act. |
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Sec. 703.105. MEETINGS. The advisory committee shall meet |
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annually and may meet at other times at the call of the executive |
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commissioner. |
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Sec. 703.106. ADVISORY COMMITTEE DUTIES. The advisory |
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committee shall provide advice and recommendations to the |
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department and executive commissioner on technical matters |
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relevant to the administration and enforcement of this chapter, |
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including certification authority approval, licensing standards |
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and qualifications, renewal requirements, standards of |
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professional conduct, and continuing education requirements. |
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SUBCHAPTER D. LICENSE REQUIREMENTS |
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Sec. 703.151. LICENSE REQUIRED. (a) Except as provided by |
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Subsection (b) and Section 703.004, an individual may not perform |
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or offer to perform medical laboratory tests or represent that the |
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individual is a medical laboratory scientist unless the individual |
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holds an appropriate license issued under this chapter. |
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(b) The executive commissioner may adopt rules to exempt a |
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person employed temporarily by the department during a public |
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health emergency from the licensing requirements of this chapter. |
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A person acting without a license under this subsection may only act |
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under the direct supervision of a person authorized by the |
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executive commissioner. In this subsection, "direct supervision" |
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means supervision by a person who is present in the facility in |
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which the person acting without a license under this subsection is |
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performing laboratory services and is immediately available to |
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provide assistance and direction while laboratory services are |
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being performed. |
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Sec. 703.152. APPLICATION REQUIREMENTS. (a) An applicant |
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for a license under this chapter must: |
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(1) submit to the department a completed application |
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on a form prescribed by the commissioner; |
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(2) submit to the department any other information |
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required by rule; |
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(3) demonstrate to the satisfaction of the |
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commissioner the qualifications required by this chapter and by |
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rule; |
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(4) demonstrate the applicant's honesty, |
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trustworthiness, and integrity; and |
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(5) pay the application fee. |
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(b) The department shall issue the appropriate license to |
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each individual who meets the qualifications required by this |
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chapter and by rule. |
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(c) The department may conduct an examination of any |
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criminal conviction of an applicant, including obtaining any |
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criminal history record information authorized by law. |
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(d) Criminal history record information obtained by the |
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department may not be released or disclosed to any person except on |
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court order, with the written consent of the applicant that is the |
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subject of the criminal history record information, or as provided |
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by Section 411.110, Government Code. |
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Sec. 703.153. MEDICAL LABORATORY SCIENTIST. An applicant |
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for a medical laboratory scientist license must: |
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(1) hold at least a baccalaureate degree from a |
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regionally accredited college or university; |
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(2) have successfully completed the medical |
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laboratory experience or training required by rule; |
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(3) be certified by a nationally recognized |
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certification organization approved by the executive commissioner; |
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(4) pay the application fee and license fee; and |
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(5) comply with any other requirements established by |
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rule. |
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Sec. 703.154. CATEGORICAL MEDICAL LABORATORY SCIENTIST. An |
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applicant for a categorical medical laboratory scientist license |
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must: |
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(1) hold at least a baccalaureate degree from a |
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regionally accredited college or university; |
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(2) have successfully completed the medical |
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laboratory experience or training required by rule; |
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(3) be certified by a nationally recognized |
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certification organization approved by the executive commissioner; |
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(4) pay the application fee and license fee; and |
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(5) comply with any other requirements established by |
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rule. |
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Sec. 703.155. MEDICAL LABORATORY TECHNICIAN. (a) Except |
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as provided by Subsection (b), an applicant for a medical |
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laboratory technician license must: |
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(1) hold at least an associate degree from a |
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regionally accredited college or university; |
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(2) have successfully completed the medical |
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laboratory experience or training required by rule; |
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(3) be certified by a nationally recognized |
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certification organization approved by the executive commissioner; |
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(4) pay the application fee and license fee; and |
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(5) comply with any other requirements established by |
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rule. |
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(b) An applicant is not required to satisfy the requirements |
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of Subsections (a)(1)-(3) if the applicant has: |
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(1) successfully completed a course in procedures for |
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a military medical laboratory that was: |
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(A) not less than 50 weeks in length; and |
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(B) administered by a branch of the United States |
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armed forces; and |
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(2) served as a medical laboratory specialist or |
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laboratory technician while serving in a branch of the United |
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States armed forces. |
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Sec. 703.156. TEMPORARY LICENSE. (a) The executive |
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commissioner by rule may establish a procedure for issuance of |
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temporary licenses to individuals under this chapter who intend to |
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engage in the practice of medical laboratory science in this state |
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for a limited period not to exceed six months. |
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(b) Unless otherwise noted on the license, a temporary |
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license is valid for not more than six months after the date of |
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issuance and may be renewed once at the discretion of the |
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commissioner. |
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Sec. 703.157. PROVISIONAL LICENSE. The department may |
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issue a provisional license under this chapter to an applicant who |
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holds a license in another state, submits a proper application, and |
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pays the required fees if the department determines that the |
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applicant is licensed in a state in which the requirements for |
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issuance of the license are at least as stringent as the |
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requirements under this chapter and by rule. A provisional license |
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under this section is valid for not more than 90 days. |
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Sec. 703.158. LICENSE: TERM AND RENEWAL. (a) A license |
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issued under this chapter expires on the second anniversary of the |
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date of issuance. The executive commissioner by rule may adopt a |
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system under which licenses expire on various dates during the |
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year. |
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(b) A license holder may renew the license by paying the |
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required renewal fee and: |
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(1) successfully completing at least 10 hours each |
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year of continuing education courses, clinics, lectures, training |
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programs, seminars, or other programs related to medical laboratory |
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practice that are approved or accepted by the executive |
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commissioner; or |
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(2) successfully completing recertification by a |
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national certifying organization recognized by the executive |
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commissioner that mandates at least 10 hours each year of |
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continuing education for recertification. |
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(c) The executive commissioner by rule may require |
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additional evidence of competency to practice medical laboratory |
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science as the executive commissioner considers reasonably |
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appropriate as a prerequisite to the renewal of any license under |
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this chapter if the requirements are: |
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(1) uniformly applied; |
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(2) reasonably related to the measurement of |
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qualification, performance, or competence; and |
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(3) desirable and necessary for the protection of the |
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public health. |
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SUBCHAPTER E. LICENSE DENIAL AND DISCIPLINARY ACTION |
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Sec. 703.201. GROUNDS FOR DISCIPLINARY ACTION. The |
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department may refuse to issue or renew, revoke, or suspend a |
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license, place on probation, censure, or reprimand a license |
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holder, or take any other disciplinary action, including the |
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imposition of a civil penalty under Section 703.203 or the |
|
imposition of an administrative penalty under Section 703.205, the |
|
department considers appropriate for: |
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(1) a material misstatement in furnishing information |
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to the department; |
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(2) a violation or negligent or intentional disregard |
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of this chapter or a rule adopted under this chapter; |
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(3) a conviction for any crime under the laws of the |
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United States or any state of the United States that is a felony or a |
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misdemeanor, an essential element of which is dishonesty, or of any |
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crime that is directly related to the practice of the profession; |
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(4) a misrepresentation made to obtain a license; |
|
(5) a violation of any standard of professional |
|
conduct adopted by the executive commissioner; |
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(6) dishonorable, unethical, or unprofessional |
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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, |
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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; |
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(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 |
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or category of license or other certification or professional |
|
qualification held in connection with any employment application. |
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Sec. 703.202. PROHIBITED PRACTICES. Except as provided by |
|
CLIA, a medical laboratory scientist or a medical laboratory |
|
technician may not exercise independent judgment: |
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(1) in the diagnosis or treatment of patients; or |
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(2) in the reporting or interpretation of clinical |
|
laboratory test results to patients. |
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Sec. 703.203. CIVIL PENALTY. (a) A person who violates |
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this chapter or a rule adopted under this chapter is liable to this |
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state for a civil penalty of not more than $500 for each violation. |
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(b) The amount of the penalty shall be based on: |
|
(1) the seriousness of the violation; |
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(2) the history of previous violations; |
|
(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(c) The attorney general may sue to collect a civil penalty |
|
under this section. In the suit the attorney general may recover, |
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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. |
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Sec. 703.204. HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If |
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the department proposes to deny a license or take disciplinary |
|
action against a license holder, the license holder is entitled to a |
|
hearing. |
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(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. |
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Sec. 703.205. 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) The attorney general may sue to collect the penalty. |
|
(e) A proceeding to impose an administrative penalty is |
|
subject to Chapter 2001, Government Code. |
|
SUBCHAPTER F. TRANSITIONAL LICENSING |
|
Sec. 703.251. TEMPORARY PROVISION; TRANSITIONAL LICENSING. |
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(a) This subchapter expires September 1, 2017. The department may |
|
not issue a transitional license under this subchapter after August |
|
31, 2015. |
|
(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 to perform medical |
|
laboratory scientist services by a certification agency approved by |
|
the executive commissioner; or |
|
(2) have performed the duties of a medical laboratory |
|
scientist for at least three years during the 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 to perform medical |
|
laboratory scientist services in one major practice area by a |
|
certification agency approved by the executive commissioner; or |
|
(2) have performed the duties of a categorical medical |
|
laboratory scientist for at least three years during the 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 to perform medical |
|
laboratory technician services by a certification agency approved |
|
by the executive commissioner; or |
|
(2) have performed the duties of a medical laboratory |
|
technician for at least three years during the 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 as a license 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 Chapter 773, |
|
Health and Safety Code [that Act]; or |
|
(C) the holder of a license or certificate under |
|
Chapter 773, Health and Safety Code [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, 2015; |
|
(2) three members for terms expiring February 1, 2017; |
|
and |
|
(3) three members for terms expiring February 1, 2019. |
|
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 August 31, |
|
2014. |
|
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, 2014. |
|
SECTION 6. This Act takes effect September 1, 2013. |