By: Estes S.B. No. 848
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of medical radiologic technology;
  providing an administrative penalty; imposing fees; requiring an
  occupational license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 601.002, Occupations Code, is amended by
  adding Subdivisions (10-a) and (12) to read as follows:
               (10-a)  "Radiologist" means a physician specializing
  in radiology certified by or board-eligible for the American Board
  of Radiology, the American Osteopathic Board of Radiology, the
  British Royal College of Radiologists, or the Canadian College of
  Physicians and Surgeons.
               (12)  "Registered radiologist assistant" means an
  advanced-level medical radiologic technologist, other than a
  practitioner, who is registered under Chapter 207 as a registered
  radiologist assistant.
         SECTION 2.  Section 601.056, Occupations Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The rules adopted under Subsection (a) must identify
  radiologic procedures that may be performed by a registered
  radiologist assistant.
         SECTION 3.  Subtitle C, Title 3, Occupations Code, is
  amended by adding Chapter 207 to read as follows:
  CHAPTER 207.  REGISTERED RADIOLOGIST ASSISTANTS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 207.001. DEFINITIONS.  In this chapter:
               (1)  "Board" means the Texas Medical Board.
               (2)  "Radiologist" means a physician specializing in
  radiology certified by the American Board of Radiology, the
  American Osteopathic Board of Radiology, the British Royal College
  of Radiologists, or the Canadian College of Physicians and
  Surgeons.
               (3)  "Registered radiologist assistant" means a person
  who is registered under this chapter as a registered radiologist
  assistant and who performs a variety of activities under the
  personal, direct, or general supervision of a radiologist in the
  areas of patient care, patient management, clinical imaging, and
  interventional procedures.
  SUBCHAPTER B.  POWERS AND DUTIES OF BOARD
         Sec. 207.051.  GENERAL POWERS AND DUTIES.  The board shall:
               (1)  establish qualifications for a registered
  radiologist assistant to practice in this state;
               (2)  establish requirements for an examination for
  registration to practice as a registered radiologist assistant;
               (3)  establish minimum education and training
  requirements necessary for registration to practice as a registered
  radiologist assistant;
               (4)  prescribe the application form for registration to
  practice as a registered radiologist assistant; and
               (5)  develop an approved program of mandatory
  continuing education and the manner in which attendance at all
  approved courses, clinics, forums, lectures, programs, or seminars
  is monitored and recorded.
         Sec. 207.052.  GIFTS, GRANTS, AND DONATIONS.  In addition to
  any fees paid to the board or money appropriated to the board, the
  board may receive and accept under this chapter a gift, grant,
  donation, or other item of value from any source, including the
  United States or a private source.
         Sec. 207.053.  ADVISORY COMMITTEE. (a)  The registered
  radiologist assistant advisory committee consists of five members
  appointed by the president of the board as follows:
               (1)  four registered radiologist assistant members
  with at least three years of experience as a registered radiologist
  assistant, two of whom must be engaged in practice in a clinical
  setting; and
               (2)  one radiologist member licensed in this state who
  supervises a registered radiologist assistant.
         (b)  Appointments to the advisory committee shall be made
  without regard to the race, color, disability, sex, religion, age,
  or national origin of the appointee.
         (c)  Notwithstanding Subsection (a)(1), the president of the
  board may appoint to the advisory committee those persons who:
               (1)  before January 1, 2017, have met the eligibility
  requirements of Section 207.153 for the three years preceding the
  date of appointment, regardless of whether the members hold a
  registration under this chapter; and
               (2)  before January 1, 2020, hold a registration under
  this chapter and who have met the eligibility requirements of
  Section 207.153 for the three years preceding the date of
  appointment, regardless of whether the members have held a
  registration under this chapter for the three years preceding the
  date of appointment.
         (d)  Subsection (c) and this subsection expire December 31,
  2020.
  SUBCHAPTER C.  PUBLIC INTEREST INFORMATION; COMPLAINT AND
  INVESTIGATIVE INFORMATION
         Sec. 207.101.  PUBLIC PARTICIPATION.  (a)  The board shall
  develop and implement policies that provide the public with a
  reasonable opportunity to appear before the board and speak on any
  issue relating to registered radiologist assistants.
         (b)  The executive director of the board shall prepare and
  maintain a written plan that describes how a person who does not
  speak English may be provided reasonable access to the board's
  programs and services under this chapter.
         Sec. 207.102.  PUBLIC INTEREST INFORMATION.  (a)  The board
  shall prepare information of public interest describing the
  functions of the board and the procedures by which complaints are
  filed and resolved under this chapter.
         (b)  The board shall make the information available to the
  public and appropriate state agencies.
         Sec. 207.103.  COMPLAINTS.  (a)  The board by rule shall
  establish methods by which consumers and service recipients are
  notified of the name, mailing address, and telephone number of the
  board for the purpose of directing complaints about registered
  radiologist assistants to the board.
         (b)  The board shall list with its regular telephone number
  any toll-free telephone number established under other state law
  that may be called to present a complaint about a registered
  radiologist assistant.
         Sec. 207.104.  RECORDS OF COMPLAINTS.  (a)  The board shall
  maintain a file on each written complaint filed with the board under
  this chapter. The file must include:
               (1)  the name of the person who filed the complaint;
               (2)  the date the complaint is received by the board;
               (3)  the subject matter of the complaint;
               (4)  the name of each person contacted in relation to
  the complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  an explanation of the reason the file was closed,
  if the board closed the file without taking action other than to
  investigate the complaint.
         (b)  The board shall provide to the person filing the
  complaint and to each person who is a subject of the complaint a
  copy of the board's policies and procedures relating to complaint
  investigation and resolution. A person who reports a complaint by
  phone shall be given information on how to file a written complaint.
         (c)  The board, at least quarterly and until final
  disposition of the complaint, shall notify the person filing the
  complaint and each person who is a subject of the complaint of the
  status of the investigation unless the notice would jeopardize an
  undercover investigation.
         Sec. 207.105.  REGISTRATION HOLDER ACCESS TO COMPLAINT
  INFORMATION.  (a)  The board shall provide a registration holder
  who is the subject of a formal complaint filed under this chapter
  with access to all information in its possession that the board
  intends to offer into evidence in presenting its case in chief at
  the contested hearing on the complaint, subject to any other
  privilege or restriction established by rule, statute, or legal
  precedent. The board shall provide the information not later than
  the 45th day after receipt of a written request from the
  registration holder or the registration holder's counsel, unless
  good cause is shown for delay.
         (b)  Notwithstanding Subsection (a), the board is not
  required to provide:
               (1)  board investigative reports;
               (2)  investigative memoranda;
               (3)  the identity of a nontestifying complainant;
               (4)  attorney-client communications;
               (5)  attorney work product; or
               (6)  other material covered by a privilege recognized
  by the Texas Rules of Civil Procedure or the Texas Rules of
  Evidence.
         (c)  The provision of information does not constitute a
  waiver of privilege or confidentiality under this chapter or other
  law.
         Sec. 207.106.  HEALTH CARE ENTITY REQUEST FOR INFORMATION.
  On the written request of a health care entity, the board shall
  provide to the entity:
               (1)  information about a complaint filed against a
  registration holder that was resolved after investigation by:
                     (A)  a disciplinary order of the board; or
                     (B)  an agreed settlement; and
               (2)  the basis of and current status of any complaint
  under active investigation that has been referred by the executive
  director of the board or the director's designee for legal action.
         Sec. 207.107.  CONFIDENTIALITY OF INVESTIGATIVE
  INFORMATION.  A complaint, adverse report, investigation file, or
  other report, the identity of and reports made by a physician or
  registered radiologist assistant performing or supervising
  compliance monitoring for the board, or other investigative
  information in the possession of or received or gathered by the
  board, a board employee, or an agent relating to a registration
  holder, a registration application, or a criminal investigation or
  proceeding is privileged and confidential and is not subject to
  discovery, subpoena, or other means of legal compulsion for release
  to any person other than the board or a board employee or agent
  involved in registration holder discipline.
         Sec. 207.108.  PERMITTED DISCLOSURE OF INVESTIGATIVE
  INFORMATION.  (a)  Investigative information in the possession of
  the board, a board employee, or an agent that relates to the
  discipline of a registration holder may be disclosed to:
               (1)  a licensing authority in another state or a
  territory or country in which the registration holder is licensed
  or registered or has applied for a license or registration; or
               (2)  a peer review committee reviewing:
                     (A)  an application for privileges; or
                     (B)  the qualifications of the registration
  holder with respect to retaining privileges.
         (b)  If the investigative information in the possession of
  the board or a board employee or agent indicates a crime may have
  been committed, the board shall report the information to the
  proper law enforcement agency. The board shall cooperate with and
  assist all law enforcement agencies conducting criminal
  investigations of a registration holder by providing information
  relevant to the investigation. Confidential information disclosed
  by the board to a law enforcement agency remains confidential and
  may not be disclosed by the law enforcement agency except as
  necessary to further the investigation.
         Sec. 207.109.  IMMUNITY AND REPORTING REQUIREMENTS.  (a)  A
  medical peer review committee in this state, a quality assurance
  committee in this state, a registered radiologist assistant, a
  registered radiologist assistant student, or a physician
  practicing medicine in this state shall report relevant information
  to the board related to the acts of a registered radiologist
  assistant in this state if, in that person's opinion, a registered
  radiologist assistant poses a continuing threat to the public
  welfare through the person's practice as a registered radiologist
  assistant. The duty to report under this section may not be
  nullified through contract.
         (b)  A person who, without malice, furnishes records,
  information, or assistance to the board under this section is
  immune from any civil liability arising from that action in a suit
  against the person brought by or on behalf of a registered
  radiologist assistant who is reported under this section.
         (c)  Sections 160.002, 160.003, 160.006, 160.007, 160.009,
  160.013, and 160.014 apply to medical peer review regarding a
  registered radiologist assistant.
  SUBCHAPTER D. REGISTRATION REQUIREMENTS
         Sec. 207.151.  REGISTRATION REQUIRED.  (a)  A person may not
  practice as a registered radiologist assistant unless the person is
  registered under this chapter.
         (b)  Unless the person holds a registration under this
  chapter, a person may not use, in connection with the person's name:
               (1)  the title "Registered Radiologist Assistant"; or
               (2)  any other designation that would imply that the
  person is a registered radiologist assistant.
         Sec. 207.152.  REGISTRATION APPLICATION.  An applicant for
  registration must:
               (1)  file a written application with the board on a form
  prescribed by the board; and
               (2)  pay the application fee set by the board.
         Sec. 207.153.  REGISTRATION ELIGIBILITY.  To be eligible for
  a registration, a person must:
               (1)  be a medical radiologic technologist certified
  under Chapter 601;
               (2)  have a baccalaureate degree, postbaccalaureate
  certificate, or graduate degree from an advanced academic program
  encompassing a nationally recognized radiologist assistant
  curriculum that incorporates a radiologist-directed clinical
  preceptorship;
               (3)  be certified as a registered radiologist assistant
  by the American Registry of Radiologic Technologists or be
  certified as a radiology practitioner assistant by the
  Certification Board for Radiology Practitioner Assistants; and
               (4)  be credentialed to provide radiology services
  under the supervision of a radiologist.
         Sec. 207.1535.  ELIGIBILITY OF APPLICANT HOLDING
  OUT-OF-STATE LICENSE. (a)  Notwithstanding Section 207.153, a
  person is eligible for a registration if the person:
               (1)  was licensed or otherwise registered as a
  radiologist assistant in another state that has requirements at
  least as stringent as the requirements of this chapter;
               (2)  applies for a registration within a period set by
  the board; and
               (3)  meets other requirements as determined by the
  board.
         (b)  A registration issued under this section must be renewed
  under Section 207.156.
         (c)  A registration issued under this section expires on the
  first anniversary of the date the registration is issued and may not
  be renewed except as provided by Subsection (b).
         Sec. 207.1536.  ELIGIBILITY FOR TRANSITIONAL REGISTRATION.
  (a)  Notwithstanding Section 207.153, a person is eligible for a
  registration if the person:
               (1)  applies for the registration before September 1,
  2019; and
               (2)  meets the requirements of Section 207.153 other
  than Section 207.153(2).
         (b)  A registration issued under the eligibility
  requirements of this section must be renewed under Section 207.156.
         (c)  A registration issued under the eligibility
  requirements of this section expires on September 1, 2020, and may
  not be renewed except as provided by Subsection (d).
         (d)  A person who meets the eligibility requirements of
  Section 207.153 on September 1, 2020, may renew the person's
  registration.  A person who does not meet the eligibility
  requirements of Section 207.153 on that date may not renew the
  person's registration and may not practice as a registered
  radiologist assistant after that date unless the person applies for
  and obtains a new registration.
         (e)  This section expires September 1, 2022.
         Sec. 207.154.  FEES.  (a)  The board shall set and collect
  fees in amounts that are reasonable and necessary to cover the costs
  of administering and enforcing this chapter without the use of any
  other funds generated by the board.
         (b)  Fees collected by the board under this chapter shall be
  deposited by the board in the state treasury to the credit of an
  account in the general revenue fund and may be spent to cover the
  costs of administering and enforcing this chapter. At the end of
  each fiscal biennium, the comptroller shall transfer any surplus
  money remaining in the account to the general revenue fund.
         (c)  All money paid to the board under this chapter is
  subject to Subchapter F, Chapter 404, Government Code.
         Sec. 207.155.  ISSUANCE OF REGISTRATION.  The board shall
  issue a registered radiologist assistant registration in this state
  to a person who meets the requirements of this chapter and the rules
  adopted under this chapter.
         Sec. 207.156.  REGISTRATION RENEWAL.  (a)  The board by rule
  shall provide for the annual renewal of a registered radiologist
  assistant registration.
         (b)  The board by rule may adopt a system under which
  registrations expire on various dates during the year.  For the year
  in which the registration expiration date is changed, registration
  fees shall be prorated on a monthly basis so that each registration
  holder pays only that portion of the registration fee that is
  allocable to the number of months during which the registration is
  valid.  On renewal of the registration on the new expiration date,
  the total registration renewal fee is payable.
         Sec. 207.157.  NOTICE OF REGISTRATION RENEWAL.  At least 30
  days before the expiration of a person's registration, the board
  shall send written notice of the impending registration expiration
  to the person at the registration holder's last known address
  according to the records of the board.
         Sec. 207.158.  PROCEDURE FOR RENEWAL.  (a)  A person who is
  otherwise eligible to renew a registration may renew an unexpired
  registration by paying the required renewal fee to the board before
  the expiration date of the registration.  A person whose
  registration has expired may not engage in activities that require
  a registration until the registration has been renewed under this
  section.
         (b)  If the person's registration has been expired for 90
  days or less, the person may renew the registration by paying to the
  board one and one-half times the required renewal fee.
         (c)  If the person's registration has been expired for longer
  than 90 days but less than one year, the person may renew the
  registration by paying to the board two times the required renewal
  fee.
         (d)  If the person's registration has been expired for one
  year or longer, the person may not renew the registration. The
  person may obtain a new registration by complying with the
  requirements and procedures for obtaining an original
  registration.
         Sec. 207.159.  REGISTRATION HOLDER INFORMATION.  (a)  Each
  registration holder shall file with the board:
               (1)  the registration holder's mailing address;
               (2)  the address of the registration holder's
  residence;
               (3)  the mailing address of each of the registration
  holder's offices; and
               (4)  the address for the location of each of the
  registration holder's offices if that address is different from the
  office's mailing address.
         (b)  A registration holder shall:
               (1)  notify the board of a change of the registration
  holder's residence or business address; and
               (2)  provide the board with the registration holder's
  new address not later than the 30th day after the date the address
  change occurs.
  SUBCHAPTER E.  SCOPE OF PRACTICE
         Sec. 207.201.  SCOPE OF PRACTICE.  (a)  The board shall
  adopt rules to determine the scope of practice of a registered
  radiologist assistant.  The board shall consider guidelines adopted
  by the American College of Radiology, the American Society of
  Radiologic Technologists, and the American Registry of Radiologic
  Technologists in adopting rules under this subsection.
         (b)  The practice of a registered radiologist assistant may
  be performed in any place authorized by a delegating radiologist,
  including a clinic, hospital, health care center, or other
  institutional setting.
         Sec. 207.202.  ESTABLISHMENT OF CERTAIN FUNCTIONS AND
  STANDARDS.  A registered radiologist assistant and the registered
  radiologist assistant's delegating radiologist shall ensure that:
               (1)  the registered radiologist assistant's scope of
  function is identified;
               (2)  the delegation of medical tasks is appropriate to
  the registered radiologist assistant's level of competence;
               (3)  the relationship between the registered
  radiologist assistant and the delegating radiologist and the access
  of the registered radiologist assistant to the delegating
  radiologist are defined; and
               (4)  a process is established for evaluating the
  registered radiologist assistant's performance.
         Sec. 207.203.  SUPERVISION OF REGISTERED RADIOLOGIST
  ASSISTANTS. (a)  In this section:
               (1)  "Direct supervision" means supervision provided
  by a radiologist who is present in the same area or an area adjacent
  to the area where a registered radiologist assistant performs a
  procedure and who is immediately available to provide assistance
  and direction during the performance of the procedure.
               (2)  "General supervision" means supervision provided
  by a radiologist who provides overall direction and control of a
  registered radiologist assistant's performance of a procedure but
  who is not required to be present during the performance of the
  procedure.
               (3)  "Personal supervision" means supervision provided
  by a radiologist who is present in the room where a registered
  radiologist assistant performs a procedure.
         (b)  The board by rule shall establish guidelines for general
  supervision, direct supervision, and personal supervision of a
  registered radiologist assistant.
         (c)  A supervising radiologist shall determine whether to
  provide general supervision, direct supervision, or personal
  supervision of a registered radiologist assistant performing a
  procedure based on the registered radiologist assistant's
  technical ability, the procedure, the patient's history and
  clinical presentation, and other relevant factors.
         Sec. 207.204.  PROHIBITED PRACTICES. A registered
  radiologist assistant may not:
               (1)  interpret an image;
               (2)  make a diagnosis; or
               (3)  prescribe a medication or therapy.
  SUBCHAPTER F. DISCIPLINARY PROCEEDINGS
         Sec. 207.251.  DISCIPLINARY ACTIONS BY THE BOARD.  (a)  On a
  determination that an applicant or registration holder committed an
  act described by Section 207.252, 207.253, or 207.254, the board by
  order may take any of the following actions:
               (1)  deny the person's registration application or
  revoke the person's registration;
               (2)  require the person to participate in a program of
  education or counseling prescribed by the board;
               (3)  stay enforcement of an order and place the person
  on probation;
               (4)  require the person to complete additional
  training;
               (5)  suspend, limit, or restrict the person's
  registration, including:
                     (A)  limiting the practice of the person to, or
  excluding from the person's practice, one or more specified
  activities of radiologist assisting; or
                     (B)  stipulating periodic board review;
               (6)  assess an administrative penalty against the
  person as provided by Section 207.301;
               (7)  order the person to perform public service; or
               (8)  administer a public reprimand.
         (b)  If the board stays enforcement of an order and places a
  person on probation, the board retains the right to vacate the
  probationary stay and enforce the original order for noncompliance
  with the terms of probation or impose any other remedial measure or
  sanction authorized by this section.
         (c)  The board may restore or reissue a registration or
  remove any disciplinary or corrective measure that the board has
  imposed.
         Sec. 207.252.  CONDUCT RELATED TO FRAUD OR
  MISREPRESENTATION.  The board may take action under Section 207.251
  against an applicant or registration holder who:
               (1)  fraudulently or deceptively obtains or attempts to
  obtain a registration;
               (2)  fraudulently or deceptively uses a registration;
               (3)  falsely represents that the person is a
  radiologist;
               (4)  acts in an unprofessional or dishonorable manner
  that is likely to deceive, defraud, or injure the public;
               (5)  fraudulently alters any registered radiologist
  assistant registration, certificate, or diploma;
               (6)  uses any registered radiologist assistant
  registration, certificate, or diploma that has been fraudulently
  purchased, issued, or counterfeited or that has been materially
  altered;
               (7)  directly or indirectly aids or abets the practice
  as a registered radiologist assistant by any person not registered
  by the board to practice as a registered radiologist assistant; or
               (8)  unlawfully advertises in a false, misleading, or
  deceptive manner as defined by Section 101.201.
         Sec. 207.253.  CONDUCT RELATED TO VIOLATION OF LAW.  The
  board may take action under Section 207.251 against an applicant or
  registration holder who:
               (1)  violates this chapter or a rule adopted under this
  chapter;
               (2)  is convicted of a felony, placed on deferred
  adjudication, or placed in a pretrial diversion program; or
               (3)  violates state law if the violation is connected
  with practice as a registered radiologist assistant.
         Sec. 207.254.  CONDUCT INDICATING LACK OF FITNESS.  (a)  The
  board may take action under Section 207.251 against an applicant or
  registration holder who:
               (1)  habitually uses drugs or intoxicating liquors to
  the extent that, in the board's opinion, the person cannot safely
  perform as a registered radiologist assistant;
               (2)  has been adjudicated as mentally incompetent;
               (3)  has a mental or physical condition that renders
  the person unable to safely perform as a registered radiologist
  assistant;
               (4)  has committed an act of moral turpitude;
               (5)  has failed to practice as a registered radiologist
  assistant in an acceptable manner consistent with public health and
  welfare;
               (6)  has had the person's registration or other
  authorization to practice as a registered radiologist assistant
  suspended, revoked, or restricted;
               (7)  has had other disciplinary action taken by another
  state or by the uniformed services of the United States regarding
  practice as a registered radiologist assistant;
               (8)  is removed or suspended from, or has disciplinary
  action taken by the person's peers in, any professional association
  or society or is being disciplined by a licensed hospital or medical
  staff of a hospital, including removal, suspension, limitation of
  privileges, or other disciplinary action, if that action, in the
  opinion of the board, was based on unprofessional conduct or
  professional incompetence that was likely to harm the public;
               (9)  has repeated or recurring meritorious health care
  liability claims that, in the board's opinion, are evidence of
  professional incompetence likely to harm the public; or
               (10)  sexually abuses or exploits another person during
  the registration holder's practice as a registered radiologist
  assistant.
         (b)  For the purpose of Subsection (a)(7), a certified copy
  of the record of the state or uniformed services of the United
  States taking the action constitutes conclusive evidence of that
  action.
         (c)  An action described by Subsection (a)(8) does not
  constitute state action on the part of the association, society, or
  hospital medical staff.
         Sec. 207.255.  SUBPOENA.  (a)  The executive director of the
  board, the director's designee, or the secretary-treasurer of the
  board may issue a subpoena or subpoena duces tecum:
               (1)  to conduct an investigation or a contested case
  proceeding related to:
                     (A)  alleged misconduct by a registered
  radiologist assistant;
                     (B)  an alleged violation of this chapter or
  another law related to the practice of a registered radiologist
  assistant; or
                     (C)  the provision of health care under this
  chapter; or
               (2)  for purposes of determining whether to issue,
  deny, suspend, restrict, or revoke a registration under this
  chapter.
         (b)  Failure to timely comply with a subpoena issued under
  this section is a ground for:
               (1)  disciplinary action by the board or another
  licensing or regulatory agency with jurisdiction over the person
  subject to the subpoena; and
               (2)  denial of a registration application.
         Sec. 207.256.  PROTECTION OF PATIENT IDENTITY.  In a
  disciplinary investigation or proceeding conducted under this
  chapter, the board shall protect the identity of each patient whose
  medical records are examined and used in a public proceeding unless
  the patient:
               (1)  testifies in the public proceeding; or
               (2)  submits a written release in regard to the
  patient's records or identity.
         Sec. 207.257.  RULES FOR DISCIPLINARY PROCEEDINGS.  Rules of
  practice adopted under this chapter by the board under Section
  2001.004, Government Code, applicable to the proceedings for a
  disciplinary action may not conflict with rules adopted by the
  State Office of Administrative Hearings.
         Sec. 207.258.  REQUIRED SUSPENSION OF INCARCERATED
  REGISTERED RADIOLOGIST ASSISTANT.  Regardless of the offense, the
  board shall suspend the registration of a registered radiologist
  assistant serving a prison term in a state or federal penitentiary
  during the term of the incarceration.
         Sec. 207.259.  TEMPORARY SUSPENSION.  (a)  The president of
  the board, with board approval, shall appoint a three-member
  disciplinary panel consisting of board members to determine whether
  a registered radiologist assistant's registration should be
  temporarily suspended.
         (b)  If the disciplinary panel determines from the evidence
  or information presented to the panel that a person registered to
  practice as a registered radiologist assistant would, by the
  person's continuation in practice, constitute a continuing threat
  to the public welfare, the disciplinary panel shall temporarily
  suspend the registration of that person.
         (c)  A registration may be suspended under this section
  without notice or hearing on the complaint if:
               (1)  institution of proceedings for a hearing before
  the board is initiated simultaneously with the temporary
  suspension; and
               (2)  a hearing is held under Chapter 2001, Government
  Code, and this chapter as soon as possible.
         (d)  Notwithstanding Chapter 551, Government Code, the
  disciplinary panel may hold a meeting by telephone conference call
  if immediate action is required and convening the disciplinary
  panel at one location is inconvenient for any member of the panel.
  SUBCHAPTER G. ADMINISTRATIVE PENALTY
         Sec. 207.301.  ADMINISTRATIVE PENALTY.  (a)  The board by
  order may impose an administrative penalty against a person
  registered under this chapter who violates this chapter or a rule or
  order adopted under this chapter.
         (b)  The penalty may be in an amount not to exceed $5,000.
  Each day a violation continues or occurs is a separate violation for
  purposes of imposing a penalty.
         (c)  The board shall base the amount of the penalty on:
               (1)  the severity of patient harm;
               (2)  the severity of economic harm to any person;
               (3)  the severity of any environmental harm;
               (4)  the increased potential for harm to the public;
               (5)  any attempted concealment of misconduct;
               (6)  any premeditated or intentional misconduct;
               (7)  the motive for the violation;
               (8)  any prior misconduct of a similar or related
  nature;
               (9)  the registration holder's disciplinary history;
               (10)  any prior written warnings or written
  admonishments from any government agency or official regarding
  statutes or rules relating to the misconduct;
               (11)  whether the violation is of a board order;
               (12)  the person's failure to implement remedial
  measures to correct or mitigate harm from the misconduct;
               (13)  the person's lack of rehabilitative potential or
  likelihood of future misconduct of a similar nature;
               (14)  any relevant circumstances increasing the
  seriousness of the misconduct; and
               (15)  any other matter that justice may require.
         (d)  The board by rule shall prescribe the procedures by
  which it may impose an administrative penalty.  A proceeding under
  this section is subject to Chapter 2001, Government Code.
         (e)  If the board by order determines that a violation has
  occurred and imposes an administrative penalty, the board shall
  give notice to the person of the order.  The notice must include a
  statement of the person's right to judicial review of the order.
         SECTION 4.  Not later than January 1, 2016, the Texas Medical
  Board shall adopt the rules and procedures necessary to administer
  Chapter 207, Occupations Code, as added by this Act.
         SECTION 5.  Notwithstanding Chapter 207, Occupations Code,
  as added by this Act, a registered radiologist assistant is not
  required to hold a registration under that chapter to practice as a
  registered radiologist assistant in this state before September 1,
  2016.
         SECTION 6.  This Act takes effect September 1, 2015.