86R9603 KKR-F
 
  By: Menéndez S.B. No. 1533
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the delegation by a podiatrist of certain acts to
  certain podiatric assistants; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 202, Occupations Code, is
  amended by adding Section 202.354 to read as follows:
         Sec. 202.354.  DELEGATION OF CERTAIN ACTS. (a) A podiatrist
  may delegate to a qualified and properly trained podiatric medical
  assistant acting under the podiatrist's supervision any podiatric
  medical act that a reasonable and prudent podiatrist would find
  within the scope of sound medical judgment to delegate if:
               (1)  in the opinion of the delegating podiatrist, the
  medical act:
                     (A)  can be properly and safely performed by the
  podiatric medical assistant to whom the podiatric medical act is
  delegated; and
                     (B)  is performed in a customary manner and not in
  violation of any other statute; and
               (2)  the podiatric medical assistant to whom the
  podiatric medical act is delegated does not represent to the public
  that the medical assistant is authorized to practice podiatry.
         (b)  A delegating podiatrist is responsible for a podiatric
  medical act performed by the podiatric medical assistant to whom
  the podiatrist delegates the act.
         SECTION 2.  Subchapter D, Chapter 601, Occupations Code, is
  amended by adding Section 601.157 to read as follows:
         Sec. 601.157.  PERSON SUPERVISED BY PODIATRIST. A person is
  not required to hold a certificate issued under this chapter to
  perform a radiologic procedure if:
               (1)  the procedure is performed under the supervision
  of a podiatrist; and
               (2)  the person:
                     (A)  is registered with the Texas Department of
  Licensing and Regulation to assist a podiatrist; and
                     (B)  complies with rules adopted under Section
  601.252(e).
         SECTION 3.  Section 601.251, Occupations Code, is amended to
  read as follows:
         Sec. 601.251.  APPLICABILITY. This subchapter applies to
  the:
               (1)  Texas Board of Nursing;
               (2)  Texas Board of Chiropractic Examiners;
               (3)  State Board of Dental Examiners;
               (4)  Texas Medical Board;
               (5)  Texas Department of Licensing and Regulation, with
  respect to the department's authority to regulate podiatrists
  [State Board of Podiatric Medical Examiners]; and
               (6)  Texas Physician Assistant Board.
         SECTION 4.  Section 601.252, Occupations Code, is amended by
  adding Subsections (e) and (f) to read as follows:
         (e)  Rules adopted under this section by the Texas Commission
  of Licensing and Regulation must:
               (1)  require an authorized person who performs
  radiologic procedures under the delegation of a podiatrist, other
  than a registered nurse, to register with the Texas Department of
  Licensing and Regulation;
               (2)  establish reasonable and necessary fees to cover
  the administrative costs incurred by the Texas Department of
  Licensing and Regulation in administering a registration program
  created under this subsection;
               (3)  establish grounds for the suspension, revocation,
  or nonrenewal of a registration issued under this subsection; and
               (4)  establish standards, in addition to those required
  by this chapter, for training and supervising the operators of the
  equipment.
         (f)  In adopting rules under Subsection (e), the Texas
  Commission of Licensing and Regulation may take into account
  whether the radiologic procedure will be performed by a registered
  nurse.
         SECTION 5.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 6.  This Act takes effect September 1, 2019.