84R11876 MAW-F
 
  By: Lucio S.B. No. 1383
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of medical laboratory
  science professionals; providing penalties; imposing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle M, Title 3, Occupations Code, is
  amended by adding Chapter 703 to read as follows:
  CHAPTER 703.  MEDICAL LABORATORY SCIENCE PROFESSIONALS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 703.001.  SHORT TITLE.  This chapter may be cited as the
  Medical Laboratory Science Practice Act.
         Sec. 703.002.  PUBLIC POLICY; LEGISLATIVE PURPOSE.  (a)  The
  legislature declares as a policy of this state that:
               (1)  the practice of medical laboratory science by
  health care professionals affects the public health, safety, and
  welfare and is subject to control and regulation in the public
  interest; and
               (2)  medical laboratories and medical laboratory
  science professionals provide essential services to health care
  professionals by furnishing vital information that may be used in
  the diagnosis, prevention, and treatment of diseases or impairments
  and the assessment of human health.
         (b)  The purpose of this chapter is to ensure better
  protection of the public health by:
               (1)  requiring minimum qualifications for medical
  laboratory science professionals; and
               (2)  ensuring that medical laboratory tests are
  performed with the highest degree of professional competency by
  individuals engaged in providing the services in this state.
         Sec. 703.003.  DEFINITIONS. In this chapter:
               (1)  "Advisory committee" means the Medical Laboratory
  Science Advisory Committee.
               (2)  "Categorical medical laboratory scientist" means
  an individual licensed under this chapter to perform medical
  laboratory scientist services in one major practice area of a
  laboratory under the supervision, control, and responsibility of a
  laboratory director.
               (3)  "CLIA" means the federal Clinical Laboratory
  Improvement Amendments of 1988 (42 C.F.R. Part 493).
               (4)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (5)  "Department" means the Texas Department of
  Licensing and Regulation.
               (6)  "Executive director" means the executive director
  of the department.
               (7)  "Independent technical judgment" means the
  performance of clinical laboratory tests and assumption of
  responsibility for determining the validity of clinical laboratory
  test results without intervention by or the direct supervision of a
  health care professional.
               (8)  "Laboratory director" means a person who meets the
  requirements of a laboratory director under CLIA.
               (9)  "Medical laboratory" means a facility in which a
  medical laboratory test is performed for diagnosis, prevention, or
  treatment of disease or impairment or assessment of human health.
               (10)  "Medical laboratory scientist" means an
  individual who uses independent technical judgment in the
  performance of tests and procedures under the supervision, control,
  and responsibility of a laboratory director.
               (11)  "Medical laboratory scientist services" means:
                     (A)  the use of independent technical judgment in
  the performance of medical laboratory tests;
                     (B)  the establishment and implementation of
  protocols, quality assessment, method development and selection,
  equipment selection and maintenance, and all activities related to
  the pre-analytic, analytic, and post-analytic phases of medical
  laboratory testing under the supervision, control, and
  responsibility of a laboratory director; and
                     (C)  the direction, supervision, consultation,
  education, and performance of research functions related to medical
  laboratory testing.
               (12)  "Medical laboratory technician" means an
  individual licensed under this chapter to perform medical
  laboratory technician services.
               (13)  "Medical laboratory technician services" means
  the performance of medical laboratory tests in accordance with
  established and approved protocols that require the limited
  exercise of independent technical judgment and are performed under
  the supervision of a medical laboratory scientist, laboratory
  supervisor, or laboratory director.
               (14)  "Medical laboratory test" means a
  microbiological, serological, chemical, biological,
  hematological, immunological, immunohematological, immunoassay,
  cytochemical, or genetic test or procedure performed on material
  derived from or existing in a human body that provides information
  for the diagnosis, prevention, or monitoring of a disease or
  impairment or assessment of a medical condition.  The term includes
  the pre-analytic, analytic, and post-analytic phases of testing.
               (15)  "Point-of-care testing" means analytical patient
  testing activities provided at a health care facility but performed
  outside the central medical laboratory facilities that do not
  require permanent dedicated space, including testing using
  analytical instruments at a temporary patient care location.
               (16)  "Practice of medical laboratory science" means
  practice by an individual who manages, supervises, educates,
  consults, researches, or performs medical laboratory testing or
  technical procedures in a medical laboratory. The term does not
  include an activity that constitutes the practice of medicine or
  the activities of a person performing only clerical duties or other
  duties not directly related to the performance of medical
  laboratory testing.
               (17)  "Waived test" means a simple laboratory
  examination or procedure that, under a federal interpretation of
  CLIA, employs a simple and accurate methodology that renders the
  likelihood of erroneous results negligible or poses no reasonable
  risk of harm to the patient if performed incorrectly.
         Sec. 703.004.  EXEMPTIONS. This chapter does not apply to:
               (1)  a physician licensed to practice medicine in this
  state;
               (2)  an individual licensed under another law of this
  state and engaged in health care services within the scope of the
  license holder's licensed practice;
               (3)  an individual engaged in the practice of medical
  laboratory science in the employ of the federal government or a
  federal bureau, division, or agency and in the discharge of the
  employee's official duties;
               (4)  an individual engaged in the practice of medical
  laboratory science and engaged exclusively in research, provided
  that the results of an examination performed are not used in health
  maintenance, diagnosis, or treatment of disease;
               (5)  an intern, student, or trainee enrolled in a
  medical laboratory science education program, provided that:
                     (A)  the activities constitute a part of a planned
  course in the program;
                     (B)  the individual is designated by title as an
  intern, student, or trainee; and
                     (C)  the individual works directly under an
  individual licensed by this state to practice medical laboratory
  science or an individual exempt from this chapter under Subdivision
  (4);
               (6)  an individual solely performing waived or
  provider-performed microscopy tests under CLIA;
               (7)  an individual performing point-of-care testing
  categorized under CLIA as moderate complexity in an acute care
  facility, if the facility complies with the following requirements:
                     (A)  in the laboratory, a laboratory director is
  responsible for:
                           (i)  designing and providing or supervising
  the training programs for the point-of-care testing personnel;
                           (ii)  supervising and monitoring the quality
  assurance and quality control activities of the testing site;
                           (iii)  assisting in the selection of
  technology;
                           (iv)  reviewing the results of proficiency
  testing and recommending corrective action, if necessary; and
                           (v)  monitoring the continued competency of
  the testing personnel; and
                     (B)  processes are in place at the facility and
  are acceptable to the department to ensure and document the
  continued competency of the point-of-care testing personnel;
               (8)  an individual solely performing histopathology
  testing or performing or interpreting the results of molecular
  testing on histological specimens, as described by CLIA;
               (9)  an individual solely performing or interpreting
  cytology testing, including the performance or interpretation of
  molecular testing on cytological specimens, as described by CLIA,
  provided that this chapter may not be construed as a limitation on
  the scope of work permitted under CLIA for qualified
  cytotechnologists;
               (10)  a medical laboratory assistant who performs
  non-testing pre-analytical duties, including processing specimens,
  accessioning, loading specimens into analyzers, or preparing
  specimens for referral testing;
               (11)  an individual solely performing or interpreting
  histocompatibility testing for transplantation services;
               (12)  an individual solely performing or interpreting
  testing by mass spectrometry, provided the individual has a
  bachelor's degree in a chemical science and meets the CLIA
  requirements for testing personnel performing high complexity
  testing; or
               (13)  an individual performing testing on
  plasmapheresis specimens in a laboratory regulated by the federal
  Food and Drug Administration.
         Sec. 703.005.  APPLICATION OF SUNSET ACT.  The Medical
  Laboratory Science Advisory Committee is subject to Chapter 325,
  Government Code (Texas Sunset Act).  Unless continued in existence
  as provided by that chapter, the advisory committee is abolished
  and this chapter expires September 1, 2027.
  SUBCHAPTER B. POWERS AND DUTIES
         Sec. 703.051.  RULES.  (a)  The commission shall adopt rules
  to administer this chapter and as necessary to protect the public
  health, safety, and welfare, including rules on:
               (1)  the qualifications to obtain a license under each
  category of medical laboratory science professional;
               (2)  the renewal of a license;
               (3)  standards of professional conduct;
               (4)  authorization or approval of nationally
  recognized and validated certification examinations for medical
  laboratory science professionals; and
               (5)  criteria for the continuing education of medical
  laboratory science professionals as required for license renewal.
         (b)  The commission by rule shall prescribe the activities
  that may be performed by each category of license holder under this
  chapter.
         (c)  The commission by rule may exempt a medical laboratory
  science professional who is employed by a certification agency
  approved by the executive director from licensing and continuing
  education fees. 
         (d)  This chapter may not be construed as providing the
  department, commission, or executive director authority to:
               (1)  regulate the activities of a physician who is
  directing a clinical laboratory; or
               (2)  establish by rule an academic, educational, or
  testing requirement that is not expressly prescribed or required by
  this chapter.
         Sec. 703.052.  FEES.  The commission by rule shall establish
  and collect reasonable and necessary fees in amounts sufficient to:
               (1)  cover the costs of administering this chapter; and
               (2)  provide reasonable funding for medical laboratory
  personnel education.
         Sec. 703.053.  DEPARTMENT POWERS AND DUTIES.  (a)  The
  department may authorize disbursements necessary to implement this
  chapter, including disbursements for office expenses, equipment
  costs, and other necessary facilities.
         (b)  The department may examine any criminal conviction or
  guilty plea of an applicant for issuance or renewal of a license,
  including by obtaining any criminal history record information
  authorized by law.
         Sec. 703.054.  PERSONNEL.  The department may employ
  personnel necessary to administer this chapter.
         Sec. 703.055.  REGISTRY OF LICENSE HOLDERS. (a) The
  department shall maintain a registry of the name and address of each
  individual licensed under this chapter and each individual whose
  license has been suspended or revoked.
         (b)  The department shall post the registry on the
  department's Internet website and make copies of the registry
  available to the public on request.
         Sec. 703.056.  CONSUMER INTEREST INFORMATION.  (a)  The
  department shall prepare information of consumer interest
  describing:
               (1)  the functions performed by the department under
  this chapter; and
               (2)  the rights of a consumer affected by this chapter.
         (b)  The information must describe the procedure by which a
  consumer complaint is filed with and resolved by the department.
         (c)  The department shall make the information available to
  the public.
  SUBCHAPTER C.  MEDICAL LABORATORY SCIENCE ADVISORY COMMITTEE
         Sec. 703.101.  ADVISORY COMMITTEE.  (a)  The Medical
  Laboratory Science Advisory Committee is an advisory body to the
  department and executive director.
         (b)  The advisory committee consists of nine members
  appointed by the department as follows:
               (1)  three members who are medical laboratory science
  professionals who are not physicians, at least one of whom is a
  medical laboratory scientist and at least one of whom is not a
  laboratory director;
               (2)  three members who are pathologists certified by
  The American Board of Pathology, the American Osteopathic Board of
  Pathology, or another certification board the department
  determines has certification requirements at least as stringent as
  those of The American Board of Pathology or the American
  Osteopathic Board of Pathology;
               (3)  one member who is a physician and is not a
  laboratory director or pathologist;
               (4)  one member who is a medical laboratory science
  educator and is not a physician; and
               (5)  one public member.
         (c)  The department may make appointments to the advisory
  committee from lists submitted by organizations of medical
  laboratory science professionals and organizations of physician
  pathologists.
         (d)  Chapter 2110, Government Code, does not apply to the
  advisory committee.
         Sec. 703.102.  TERMS; VACANCIES.  (a)  Members serve
  staggered six-year terms and until their successors are appointed
  and qualified.
         (b)  A vacancy shall be filled for the remainder of the
  unexpired term in the same manner as an original appointment.
         (c)  A member may not serve more than two consecutive terms.
         Sec. 703.103.  PUBLIC MEMBER ELIGIBILITY.  A member who
  represents the public may not be:
               (1)  an officer, director, or employee of an individual
  regulated under this chapter;
               (2)  an individual required to register as a lobbyist
  under Chapter 305, Government Code; or
               (3)  an individual related to an individual described
  by Subdivision (1) or (2) within the second degree by affinity or
  consanguinity.
         Sec. 703.104.  COMPENSATION; REIMBURSEMENT.  A member of the
  advisory committee serves without compensation. If authorized by
  the department, an advisory committee member is entitled to
  reimbursement for actual and necessary expenses incurred in
  performing the functions of the advisory committee, subject to the
  General Appropriations Act.
         Sec. 703.105.  MEETINGS. The advisory committee shall meet
  annually and may meet at other times at the call of the executive
  director.
         Sec. 703.106.  ADVISORY COMMITTEE DUTIES.  The advisory
  committee shall provide advice and recommendations to the
  department and executive director on technical matters relevant to
  the administration and enforcement of this chapter, including
  certification agency approval, licensing standards and
  qualifications, renewal requirements, standards of professional
  conduct, and continuing education requirements.
  SUBCHAPTER D.  LICENSE REQUIREMENTS
         Sec. 703.151.  LICENSE REQUIRED.  Except as provided by
  Section 703.004, an individual may not perform or offer to perform
  medical laboratory tests or represent that the individual is a
  medical laboratory science professional unless the individual
  holds an appropriate license issued under this chapter.
         Sec. 703.152.  APPLICATION REQUIREMENTS. (a) An applicant
  for a license under this chapter must:
               (1)  submit to the department a completed application
  on a form prescribed by the executive director;
               (2)  submit to the department any other information
  required by rule;
               (3)  demonstrate to the satisfaction of the department
  the qualifications required by this chapter and by rule;
               (4)  demonstrate the applicant's honesty,
  trustworthiness, and integrity; and
               (5)  pay the application fee.
         (b)  The department shall issue the appropriate license to
  each individual who meets the qualifications required by this
  chapter and by rule.
         (c)  The department may conduct an examination of any
  criminal conviction of an applicant, including obtaining any
  criminal history record information authorized by law.
         (d)  Criminal history record information obtained by the
  department may not be released or disclosed to any person except on
  court order or with the written consent of the applicant who is the
  subject of the criminal history record information.
         Sec. 703.153.  MEDICAL LABORATORY SCIENTIST. An applicant
  for a medical laboratory scientist license must:
               (1)  hold at least a bachelor's degree from a regionally
  accredited college or university;
               (2)  have successfully completed the medical
  laboratory experience or training required by rule;
               (3)  be certified by a nationally recognized
  certification organization approved by the executive director;
               (4)  pay the application fee and license fee; and
               (5)  comply with any other requirements established by
  rule.
         Sec. 703.154.  CATEGORICAL MEDICAL LABORATORY SCIENTIST. An
  applicant for a categorical medical laboratory scientist license
  must:
               (1)  hold at least a bachelor's degree from a regionally
  accredited college or university;
               (2)  have successfully completed the medical
  laboratory experience or training required by rule;
               (3)  be certified by a nationally recognized
  certification organization approved by the executive director;
               (4)  pay the application fee and license fee; and
               (5)  comply with any other requirements established by
  rule.
         Sec. 703.155.  MEDICAL LABORATORY TECHNICIAN. (a)  An
  applicant for a medical laboratory technician license must:
               (1)  hold at least an associate degree from a
  regionally accredited college or university;
               (2)  have successfully completed the medical
  laboratory experience or training required by rule;
               (3)  be certified by a nationally recognized
  certification organization approved by the executive director;
               (4)  pay the application fee and license fee; and
               (5)  comply with any other requirements established by
  rule.
         (b)  The department shall accept as satisfying the
  requirement of Subsection (a)(1) evidence that the applicant has:
               (1)  successfully completed a course in procedures for
  a military laboratory of not less than 50 weeks in length; and
               (2)  served as a medical laboratory specialist or
  laboratory technician in the military.
         Sec. 703.156.  TEMPORARY LICENSE.  (a)  The commission by
  rule may establish a procedure for issuance of temporary licenses
  to individuals under this chapter who intend to engage in the
  practice of medical laboratory science in this state for a limited
  period not to exceed six months.
         (b)  Unless otherwise noted on the license, a temporary
  license is valid for not more than six months after the date of
  issuance and may be renewed once.
         Sec. 703.157.  PROVISIONAL LICENSE.  The department may
  issue a provisional license under this chapter to an applicant who
  holds a license in another state, submits a proper application, and
  pays the required fees if the department determines that the
  applicant is licensed in a state in which the requirements for
  issuance of the license are at least as stringent as the
  requirements under this chapter and by rule.  A provisional license
  under this section is valid for not more than 90 days.
         Sec. 703.158.  LICENSE TERM AND RENEWAL. (a)  A license
  issued under this chapter expires on the second anniversary of the
  date of issuance.  The commission by rule may adopt a system under
  which licenses expire on various dates during the year.
         (b)  A license holder may renew the license by paying the
  required renewal fee and:
               (1)  successfully completing at least 10 hours each
  year of continuing education courses, clinics, lectures, training
  programs, seminars, or other programs related to medical laboratory
  practice that are approved or accepted by the executive director;
  or
               (2)  successfully completing recertification by a
  national certifying organization recognized by the executive
  director that mandates at least 10 hours each year of continuing
  education for recertification.
         (c)  The commission by rule may require additional evidence
  of competency to practice medical laboratory science as reasonably
  appropriate as a prerequisite to the renewal of any license under
  this chapter if the requirements are:
               (1)  uniformly applied;
               (2)  reasonably related to the measurement of
  qualification, performance, or competence; and
               (3)  desirable and necessary for the protection of the
  public health.
  SUBCHAPTER E.  LICENSE DENIAL AND DISCIPLINARY ACTION
         Sec. 703.201.  GROUNDS FOR DISCIPLINARY ACTION.  The
  executive director may refuse to issue or renew, revoke, or suspend
  a license, place on probation, censure, or reprimand a license
  holder, or take any other disciplinary action, including the
  imposition of a civil penalty under Section 703.202 or the
  imposition of an administrative penalty under Section 703.204, the
  department considers appropriate for:
               (1)  a material misstatement in furnishing information
  to the department;
               (2)  a violation or negligent or intentional disregard
  of this chapter or a rule adopted under this chapter;
               (3)  a conviction for any crime under the laws of the
  United States or any state of the United States that is a felony or a
  misdemeanor, an essential element of which is dishonesty, or of any
  crime that is directly related to the practice of the profession;
               (4)  a misrepresentation made to obtain a license;
               (5)  a violation of any standard of professional
  conduct adopted by the commission;
               (6)  dishonorable, unethical, or unprofessional
  conduct of a character likely to deceive, defraud, or harm the
  public;
               (7)  the provision of professional services while
  mentally incompetent or under the influence of alcohol, a narcotic,
  or a controlled dangerous substance that is in excess of
  therapeutic amounts or without valid medical indication;
               (8)  directly or indirectly contracting to perform
  medical laboratory tests in a manner that offers or implies an offer
  of rebate, fee-splitting inducements or arrangements, or other
  remuneration;
               (9)  aiding or assisting another individual in
  violating any provision of this chapter or a rule adopted under this
  chapter; or
               (10)  a misrepresentation with regard to the existence
  or category of license or other certification or professional
  qualification held in connection with any employment application.
         Sec. 703.202.  CIVIL PENALTY.  (a)  A person who violates
  this chapter or a rule adopted under this chapter is liable to this
  state for a civil penalty of not more than $500 for each violation.
         (b)  The amount of the penalty shall be based on:
               (1)  the seriousness of the violation;
               (2)  the history of previous violations;
               (3)  the amount necessary to deter a future violation;
  and
               (4)  any other matter that justice may require.
         (c)  The attorney general may sue to collect a civil penalty
  under this section.  In the suit the attorney general may recover,
  on behalf of the state, the reasonable expenses incurred in
  obtaining the penalty, including investigation and court costs,
  reasonable attorney's fees, witness fees, and other expenses.
         Sec. 703.203.  HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If
  the department proposes to deny a license or take disciplinary
  action against a license holder, the license holder is entitled to a
  hearing.
         (b)  The proceedings relating to a license denial and
  disciplinary action by the department under this chapter are
  governed by Chapter 2001, Government Code. A hearing under this
  chapter shall be conducted by the State Office of Administrative
  Hearings.
         Sec. 703.204.  ADMINISTRATIVE PENALTY. (a) The commission
  or executive director 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; LICENSING. (a)  This
  subchapter expires September 1, 2021.  The department may not issue
  a license under this subchapter after August 31, 2019.
         (b)  The department shall issue a 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 director; and
               (2)  pays the application and licensing fee.
         Sec. 703.252.  MEDICAL LABORATORY SCIENTIST.  To qualify for
  a 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 director; 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 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 director; 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 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 director; 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 LICENSE.  The holder of a 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 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 license may
  be renewed as a license under Section 703.158.
         SECTION 2.  As soon as possible after the effective date of
  this Act, the Texas Department of Licensing and Regulation 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
  department shall designate:
               (1)  three members for terms expiring February 1, 2017;
               (2)  three members for terms expiring February 1, 2019;
  and
               (3)  three members for terms expiring February 1, 2021.
         SECTION 3.  The Texas Commission of Licensing and Regulation
  and the executive director of the Texas Department of Licensing and
  Regulation, as appropriate, 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,
  2016.
         SECTION 4.  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, 2017.
         SECTION 5.  This Act takes effect September 1, 2015.