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A BILL TO BE ENTITLED
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AN ACT
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relating to the delegation by a podiatrist of certain acts to |
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certain podiatric assistants; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 202, Occupations Code, is |
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amended by adding Section 202.354 to read as follows: |
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Sec. 202.354. DELEGATION OF CERTAIN ACTS. (a) A podiatrist |
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may delegate to a qualified and properly trained podiatric medical |
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assistant acting under the podiatrist's supervision any podiatric |
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medical act that a reasonable and prudent podiatrist would find |
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within the scope of sound medical judgment to delegate if: |
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(1) in the opinion of the delegating podiatrist, the |
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medical act: |
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(A) can be properly and safely performed by the |
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podiatric medical assistant to whom the podiatric medical act is |
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delegated; and |
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(B) is performed in a customary manner and not in |
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violation of any other statute; and |
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(2) the podiatric medical assistant to whom the |
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podiatric medical act is delegated does not represent to the public |
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that the medical assistant is authorized to practice podiatry. |
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(b) A delegating podiatrist is responsible for a podiatric |
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medical act performed by the podiatric medical assistant to whom |
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the podiatrist delegates the act. |
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SECTION 2. Subchapter D, Chapter 601, Occupations Code, is |
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amended by adding Section 601.157 to read as follows: |
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Sec. 601.157. PERSON SUPERVISED BY PODIATRIST. A person is |
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not required to hold a certificate issued under this chapter to |
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perform a radiologic procedure if: |
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(1) the procedure is performed under the supervision |
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of a podiatrist; and |
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(2) the person: |
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(A) is registered with the Texas Department of |
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Licensing and Regulation to assist a podiatrist; and |
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(B) complies with rules adopted under Section |
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601.252(e). |
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SECTION 3. Section 601.251, Occupations Code, is amended to |
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read as follows: |
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Sec. 601.251. APPLICABILITY. This subchapter applies to |
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the: |
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(1) Texas Board of Nursing; |
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(2) Texas Board of Chiropractic Examiners; |
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(3) State Board of Dental Examiners; |
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(4) Texas Medical Board; |
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(5) Texas Department of Licensing and Regulation, with |
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respect to the department's authority to regulate podiatrists |
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[State Board of Podiatric Medical Examiners]; and |
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(6) Texas Physician Assistant Board. |
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SECTION 4. Section 601.252, Occupations Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) Rules adopted under this section by the Texas Commission |
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of Licensing and Regulation must: |
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(1) require an authorized person who performs |
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radiologic procedures under the delegation of a podiatrist, other |
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than a registered nurse, to register with the Texas Department of |
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Licensing and Regulation; |
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(2) establish reasonable and necessary fees to cover |
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the administrative costs incurred by the Texas Department of |
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Licensing and Regulation in administering a registration program |
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created under this subsection; |
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(3) establish grounds for the suspension, revocation, |
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or nonrenewal of a registration issued under this subsection; and |
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(4) establish standards, for training and supervising |
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the operators of the equipment. |
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(f) In adopting rules under Subsection (e), the Texas |
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Commission of Licensing and Regulation may take into account |
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whether the radiologic procedure will be performed by a registered |
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nurse. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect September 1, 2019. |