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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement to obtain a license to practice as an |
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anesthesiologist assistant; providing an administrative penalty; |
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authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 3, Occupations Code, is |
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amended by adding Chapter 207 to read as follows: |
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CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 207.001. DEFINITIONS. In this chapter: |
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(1) "Anesthesiologist" means a physician licensed by |
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the Texas Medical Board who specializes in anesthesiology. |
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(2) "Anesthesiologist assistant" means a person who |
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holds a license issued under this chapter. |
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(3) "Medical board" means the Texas Medical Board. |
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SUBCHAPTER B. POWERS AND DUTIES OF MEDICAL BOARD |
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Sec. 207.051. POWERS AND DUTIES OF MEDICAL BOARD RELATING |
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TO ANESTHESIOLOGIST ASSISTANTS. (a) The medical board shall |
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administer and enforce this chapter. |
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(b) The medical board: |
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(1) may establish requirements to obtain an |
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anesthesiologist assistant license, including education and |
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training requirements, in addition to the requirements under |
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Section 207.103; |
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(2) may establish examination requirements for an |
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anesthesiologist assistant license in addition to the requirements |
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under Section 207.103; |
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(3) shall prescribe application requirements for a |
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license to practice as an anesthesiologist assistant; and |
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(4) shall develop an approved program of mandatory |
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continuing education and the manner by which attendance at all |
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approved courses, clinics, forums, lectures, programs, or seminars |
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is monitored and recorded. |
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Sec. 207.052. RULES. (a) The medical board shall adopt |
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rules necessary to implement this chapter. |
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(b) The rules adopted by the medical board must include |
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requirements and limitations on the provision of anesthesia |
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services by an anesthesiologist assistant as determined by the |
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medical board to be in the best interests of patient health and |
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safety, including: |
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(1) a requirement that an anesthesiologist assistant |
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be supervised by an anesthesiologist who is actively engaged in |
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clinical practice and available on-site to provide assistance to |
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the anesthesiologist assistant; |
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(2) a limit on the number of anesthesiologist |
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assistants and student anesthesiologist assistants an |
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anesthesiologist may supervise, in accordance with any |
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requirements of the Centers for Medicare and Medicaid Services; and |
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(3) a requirement that an anesthesiologist assistant |
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shall maintain compliance with all continuing education |
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requirements adopted by the medical board and with recertification |
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requirements of the National Commission for Certification of |
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Anesthesiologist Assistants or its successor organization. |
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Sec. 207.053. FEES. The medical board shall set and collect |
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fees in amounts that are reasonable and necessary to cover the costs |
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of administering and enforcing this chapter without the use of any |
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other funds generated by the medical board. |
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Sec. 207.054. APPLICABILITY OF OTHER LAW. Procedures under |
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Subtitle B, Title 3, that govern license or registration renewal, |
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complaints, and disciplinary actions apply to an anesthesiologist |
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assistant in the same manner the provisions apply to a physician. |
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SUBCHAPTER C. LICENSE REQUIREMENTS |
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Sec. 207.101. LICENSE REQUIRED. A person may not practice |
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as an anesthesiologist assistant in this state unless the person |
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holds an anesthesiologist assistant license issued under this |
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chapter. |
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Sec. 207.102. ISSUANCE OF LICENSE. The medical board shall |
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issue a license to an applicant who: |
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(1) meets the eligibility requirements of Section |
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207.103; |
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(2) submits an application on a form prescribed by the |
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medical board; and |
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(3) pays the required application and licensing fees. |
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Sec. 207.103. ELIGIBILITY REQUIREMENTS. To be eligible for |
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a license under this chapter, an applicant must: |
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(1) submit proof of completion of a graduate level |
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training program accredited by the Commission on Accreditation of |
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Allied Health Education Programs or its successor organization; |
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(2) pass a certifying examination administered by the |
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National Commission for Certification of Anesthesiologist |
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Assistants or its successor organization not later than 12 months |
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from the date of completion of the training program required under |
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Subdivision (1); |
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(3) submit proof of current certification from the |
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National Commission for Certification of Anesthesiologist |
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Assistants or its successor organization; |
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(4) be of good moral character; and |
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(5) meet any additional qualifications adopted by the |
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medical board by rule. |
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SUBCHAPTER D. PRACTICE BY LICENSE HOLDER |
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Sec. 207.151. SCOPE OF PRACTICE. (a) An anesthesiologist |
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assistant may assist the supervising anesthesiologist in |
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developing and implementing an anesthesia care plan for a patient |
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that is consistent with the rules adopted under this chapter. |
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(b) An anesthesiologist assistant who assists an |
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anesthesiologist is not considered to be engaged in the practice of |
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medicine. |
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(c) This chapter does not limit or expand the scope of |
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practice of a physician assistant. |
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Sec. 207.152. USE OF TITLE. (a) A person may not use the |
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title "anesthesiologist assistant" or represent that the person is |
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an anesthesiologist assistant unless the person holds a license |
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issued under this chapter. A person who violates this subsection is |
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subject to an administrative penalty in an amount to be determined |
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by the medical board. |
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(b) A student in an anesthesiologist assistant training |
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program shall be identified as a student anesthesiologist assistant |
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or an anesthesiologist assistant student. A student may not use or |
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permit to be used on the student's behalf the term "intern," |
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"resident," or "fellow," or another term that identifies the |
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student as a physician or surgeon. |
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SECTION 2. Not later than June 1, 2016, the Texas Medical |
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Board shall adopt the rules, procedures, and fees necessary to |
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administer Chapter 207, Occupations Code, as added by this Act. |
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SECTION 3. Notwithstanding Chapter 207, Occupations Code, |
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as added by this Act, an anesthesiologist assistant is not required |
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to hold a license under that chapter to practice as an |
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anesthesiologist assistant in this state before September 1, 2016. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2015. |
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(b) Sections 207.054, 207.101, and 207.152, Occupations |
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Code, as added by this Act, take effect September 1, 2016. |