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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 neurodiagnostic |
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technologists; requiring an occupational license; creating an |
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offense; providing penalties and authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle K, Title 3, Occupations Code, is |
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amended by adding Chapter 606 to read as follows: |
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CHAPTER 606. NEURODIAGNOSTIC TECHNOLOGISTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 606.001. DEFINITIONS. In this chapter: |
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(1) "Autonomic reflex testing" means a test used to |
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measure how autonomic nerves work in controlling involuntary body |
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functions, including blood pressure, heart rate, and sweating, in |
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response to different maneuvers, such as deep breathing, blowing |
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into a mouthpiece, sweating, and lying for several minutes on a |
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table that is tilted to a near standing position. |
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(2) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(3) "Credentialing organization" means a national |
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accrediting organization that administers and awards |
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neurodiagnostic technologist credentials, including the: |
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(A) ABRET Neurodiagnostic Credentialing and |
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Accreditation (ABRET); |
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(B) American Association of Electrodiagnostic |
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Technologists (AAET); |
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(C) American Board of Electrodiagnostic Medicine |
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(ABEM); or |
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(D) Board of Registered Polysomnographic |
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Technologists (BRPT). |
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(4) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(5) "Direct supervision" means supervision by a |
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responsible neurodiagnostic technologist or physician who is |
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physically present and immediately available to provide assistance |
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and direction while a neurodiagnostic procedure is being performed. |
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(6) "Electroencephalography" means the recording and |
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analysis of the ongoing electrical activity of the brain using a |
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digital or analog instrument with a minimum of 16 channels and 21 |
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electrodes and is used to assist in the diagnosis of epilepsy and |
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other neurological symptoms. |
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(7) "Electromyography" means the recording and |
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analysis of electrical activity generated by a needle insertion |
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into a muscle. |
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(8) "Evoked potentials" means the recording of |
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electrical activity from the brain, spinal nerves, or sensory |
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receptors that occurs in direct response to auditory, visual, or |
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electrical stimulation using surface electrodes and computer |
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equipment to average the electrical potentials generated. |
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(9) "Executive director" means the executive director |
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of the department. |
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(10) "General supervision" means supervision by a |
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responsible physician who is readily available to communicate with |
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a person performing a neurodiagnostic procedure. |
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(11) "Intraoperative monitoring" means the use of a |
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neurophysiological monitoring technique during surgery that |
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ensures the safety of a patient by: |
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(A) providing information to the surgeon that |
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relates to the integrity of the central and peripheral nervous |
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systems; and |
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(B) using real-time electrographic information |
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or stimulus evoked recordings of auditory, visual, somatosensory, |
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or motor pathways via surface or subdermal needle electrodes. |
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(12) "License holder" means a person who holds a |
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license as a neurodiagnostic technologist under this chapter. |
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(13) "Long-term monitoring" means the prolonged |
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recording, by video recording or digital analysis, of the ongoing |
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electrical activity of the brain to evaluate and diagnose epilepsy |
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and other intermittent or infrequent neurological disturbances. |
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(14) "Nerve conduction study" means a recording |
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obtained from electrical stimulation of peripheral nerves using |
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surface electrodes and standard equipment with oscilloscopes for |
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waveform analysis to evaluate and diagnose a disorder of the |
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peripheral nervous system. |
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(15) "Neurodiagnostic student" means a person who is |
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enrolled in a neurodiagnostics program. |
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(16) "Neurodiagnostic technologist" means a person |
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who holds a license issued under this chapter to: |
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(A) use specialized equipment to record and |
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analyze physiological data and electrical activity from the central |
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and peripheral nervous systems; and |
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(B) perform one or more of the following |
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neurodiagnostic procedures under the direct or general supervision |
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of a physician: |
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(i) electroencephalography; |
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(ii) evoked potentials; |
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(iii) continuous electroencephalography |
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monitoring; |
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(iv) intraoperative neuromonitoring; |
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(v) long-term monitoring; |
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(vi) nerve conduction studies; |
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(vii) polysomnography; or |
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(viii) autonomic reflex testing. |
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(17) "Polysomnography" means the recording of the |
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biophysiological changes that occur during sleep by monitoring the |
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ongoing electrical activity of the brain, eye movements, muscle |
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activity, heart rhythm, and respiratory effort to diagnose and |
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treat sleep disorders. |
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Sec. 606.002. EXEMPTIONS. This chapter does not apply to: |
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(1) a physician licensed in this state; |
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(2) a person performing a neurodiagnostic procedure: |
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(A) for research if the results of the procedure |
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are not used to diagnose or treat a patient; |
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(B) as a neurodiagnostic student under the direct |
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supervision of a neurodiagnostic technologist or physician; or |
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(C) as an employee under the direct supervision |
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of a physician as part of the employee's job training; or |
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(3) a faculty member of an accredited school or |
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university with a neurodiagnostics, allied health, or health |
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education program. |
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SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT |
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Sec. 606.051. GENERAL POWERS AND DUTIES; RULES. (a) The |
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department shall administer and enforce this chapter. |
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(b) The commission shall adopt rules necessary to |
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administer and enforce this chapter. |
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(c) In its rules under this section, the commission shall |
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list the specific offenses for which a conviction would constitute |
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grounds for the commission to take action under Chapter 53. |
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Sec. 606.052. FEES. (a) The commission by rule shall |
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establish reasonable and necessary fees in amounts sufficient to |
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cover the costs of administering and enforcing this chapter. |
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(b) The commission may increase the fee for the issuance or |
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renewal of a license as necessary to cover the costs of enforcing |
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this chapter in an amount not to exceed $1,000. |
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SUBCHAPTER C. LICENSE REQUIREMENTS |
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Sec. 606.101. LICENSE REQUIRED. (a) A person may not act |
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as or offer to act as a neurodiagnostic technologist unless the |
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person holds a license issued under this chapter. |
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(b) A person who is not licensed under this chapter, or |
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whose license has been suspended or revoked, may not: |
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(1) use the word "neurodiagnostic" on a sign, name |
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tag, or any form of advertising unless the person is expressly |
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exempt from the licensing requirements of this chapter; |
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(2) use in connection with the person's practice any |
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abbreviations or credentials indicating or implying that the person |
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is a neurodiagnostic technologist; or |
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(3) directly or by implication represent in any way |
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that the person is a neurodiagnostic technologist. |
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(c) A license: |
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(1) is valid only with respect to the person named on |
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the license; and |
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(2) authorizes the license holder to engage in the |
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neurodiagnostic procedure for which the license holder has a |
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credential issued by a credentialing organization. |
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(d) A license issued under this chapter is not transferable |
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or assignable. |
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Sec. 606.102. LICENSING APPLICATION. (a) An applicant for |
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a license must: |
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(1) apply to the department on a form prescribed by the |
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executive director and under rules adopted by the commission; |
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(2) submit with the application a nonrefundable |
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application fee in an amount set by the commission; and |
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(3) pass a credentialing organization examination |
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administered or accepted by the department. |
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(b) The commission by rule shall specify the information |
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that must be included on an application submitted to the |
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department. The rules must require: |
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(1) each application to include the name and address |
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of the applicant; and |
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(2) each applicant for a license by examination to |
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present satisfactory evidence to the commission that the applicant |
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is: |
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(A) at least 18 years of age; and |
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(B) of good moral character. |
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Sec. 606.103. EXAMINATIONS ADMINISTERED OR ACCEPTED BY |
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DEPARTMENT. The department may administer or accept for licensing |
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a credentialing organization examination as determined by rule. |
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Sec. 606.1031. REDUCED LICENSE REQUIREMENTS. (a) A person |
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who applies for a license under this chapter not later than June 1, |
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2016, is exempt from the examination required under this chapter if |
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the person presents satisfactory evidence to the department that |
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the person: |
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(1) holds unexpired credentials issued by a |
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credentialing organization; or |
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(2) actively performs neurodiagnostic procedures. |
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(b) Satisfactory evidence under Subsection (a)(2) must be |
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in the form of a signed letter submitted by the employer or |
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supervising physician of the applicant. |
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(c) A person who qualifies under this section for an |
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exemption from the requirement to take the examination required |
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under this chapter must comply with all other requirements under |
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this chapter for issuance of a license. |
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(d) This section expires June 1, 2017. |
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Sec. 606.104. TEMPORARY LICENSES. (a) The commission may |
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adopt rules and set fees relating to granting temporary licenses. |
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(b) A temporary license under this chapter expires on the |
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second anniversary of the date the temporary license is issued or |
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the date the applicant presents satisfactory evidence to the |
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department that the applicant has passed the examination required |
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under this chapter, whichever date occurs first. |
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(c) The commission by rule may extend the expiration date of |
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a temporary license by not more than an additional 12 months. |
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SUBCHAPTER D. LICENSE RENEWAL |
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Sec. 606.151. LICENSE RENEWAL. (a) A license is valid for |
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two years from the date of issuance and may be renewed biennially. |
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(b) The commission by rule may adopt a system under which |
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licenses expire on various dates during the year. |
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(c) A person may renew an unexpired license by paying the |
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required renewal fee to the department before the license |
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expiration date. |
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(d) To renew a license under this chapter, a person must |
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submit proof satisfactory to the department that the person has: |
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(1) maintained the appropriate credentials issued by a |
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credentialing organization; and |
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(2) complied with the continuing education |
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requirements prescribed by the commission. |
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Sec. 606.152. CONTINUING EDUCATION. (a) The commission |
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shall establish for the renewal of a license or temporary license |
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uniform continuing education requirements of not less than 24 |
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continuing education hours for each renewal period. |
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(b) The commission shall adopt a procedure to assess a |
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license holder's participation in continuing education programs. |
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SUBCHAPTER E. PRACTICE BY LICENSE HOLDER |
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Sec. 606.201. ADVERTISING. (a) A license holder shall |
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include the license holder's license number in each advertisement. |
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(b) A person who advertises that the person is a |
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neurodiagnostic technologist is presumed to be engaging in conduct |
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regulated by this chapter. |
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SUBCHAPTER F. PROHIBITED PRACTICES AND ENFORCEMENT PROVISIONS |
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Sec. 606.251. PROHIBITED PRACTICES. (a) A license holder |
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may not engage in a neurodiagnostic procedure for which the license |
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holder does not hold the proper credential issued by a |
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credentialing organization. |
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(b) A license holder may not: |
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(1) interpret neurodiagnostic data, including making |
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a determination of normal or abnormal findings and identifying the |
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presence, absence, type, severity, or likelihood of an illness, |
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injury, or other condition; |
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(2) provide clinical correlation of data, including |
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making statements about the meaning of test results based on a |
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person's symptoms, medical history, physical examination, or other |
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clinical test results; or |
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(3) perform needle insertion electromyography in a |
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clinical setting. |
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Sec. 606.252. INVESTIGATION OF COMPLAINTS. (a) The |
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department shall investigate any complaint alleging that a |
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violation of this chapter or a rule or order adopted under this |
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chapter has occurred. |
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(b) A complaint must be filed in a manner prescribed by the |
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department. |
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Sec. 606.253. SANCTIONS. The commission may impose |
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sanctions as provided by Sections 51.352 and 51.353. |
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SUBCHAPTER G. PENALTIES |
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Sec. 606.301. ADMINISTRATIVE PENALTY. The commission or |
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executive director may impose an administrative penalty on a person |
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under Subchapter F, Chapter 51, regardless of whether the person |
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holds a license under this chapter, if the person violates this |
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chapter or a rule or order adopted under this chapter. |
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Sec. 606.302. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person violates this chapter. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 2. Not later than February 1, 2016, the Texas |
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Commission of Licensing and Regulation, the Texas Department of |
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Licensing and Regulation, and the executive director of the Texas |
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Department of Licensing and Regulation, as appropriate, shall adopt |
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rules and forms necessary to implement Chapter 606, Occupations |
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Code, as added by this Act. |
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SECTION 3. The Texas Department of Licensing and Regulation |
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shall issue a neurodiagnostic technologist license under Chapter |
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606, Occupations Code, as added by this Act, to an applicant who: |
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(1) applies for a license under this section not later |
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than June 1, 2016; |
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(2) submits to the department the information required |
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by rule; |
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(3) meets the requirements of Section 606.1031, |
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Occupations Code, as added by this Act; and |
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(4) pays the application fee established by the |
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commission. |
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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) Section 606.101 and Subchapter G, Chapter 606, |
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Occupations Code, as added by this Act, take effect September 1, |
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2016. |