Bill Text: TX HB2978 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the licensing and regulation of neurodiagnostic technologists; requiring an occupational license; creating an offense; providing penalties and authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-05 - Committee report sent to Calendars [HB2978 Detail]
Download: Texas-2015-HB2978-Introduced.html
Bill Title: Relating to the licensing and regulation of neurodiagnostic technologists; requiring an occupational license; creating an offense; providing penalties and authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-05 - Committee report sent to Calendars [HB2978 Detail]
Download: Texas-2015-HB2978-Introduced.html
84R7192 TSR-F | ||
By: Bonnen of Galveston | H.B. No. 2978 |
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relating to the licensing and regulation of neurodiagnostic | ||
technologists; requiring an occupational license; creating an | ||
offense; providing penalties and authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle K, Title 3, Occupations Code, is | ||
amended by adding Chapter 606 to read as follows: | ||
CHAPTER 606. NEURODIAGNOSTIC TECHNOLOGISTS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 606.001. DEFINITIONS. In this chapter: | ||
(1) "Autonomic reflex testing" means a test used to | ||
measure how autonomic nerves work in controlling involuntary body | ||
functions, including blood pressure, heart rate, and sweating, in | ||
response to different maneuvers, such as deep breathing, blowing | ||
into a mouthpiece, sweating, and lying for several minutes on a | ||
table that is tilted to a near standing position. | ||
(2) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(3) "Credentialing organization" means a national | ||
accrediting organization that administers and awards | ||
neurodiagnostic technologist credentials, including the: | ||
(A) ABRET Neurodiagnostic Credentialing and | ||
Accreditation (ABRET); | ||
(B) American Association of Electrodiagnostic | ||
Technologists (AAET); | ||
(C) American Board of Electrodiagnostic Medicine | ||
(ABEM); or | ||
(D) Board of Registered Polysomnographic | ||
Technologists (BRPT). | ||
(4) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(5) "Direct supervision" means supervision by a | ||
responsible neurodiagnostic technologist or physician who is | ||
physically present and immediately available to provide assistance | ||
and direction while a neurodiagnostic procedure is being performed. | ||
(6) "Electroencephalography" means the recording and | ||
analysis of the ongoing electrical activity of the brain using a | ||
digital or analog instrument with a minimum of 16 channels and 21 | ||
electrodes and is used to assist in the diagnosis of epilepsy and | ||
other neurological symptoms. | ||
(7) "Electromyography" means the recording and | ||
analysis of electrical activity generated by a needle insertion | ||
into a muscle. | ||
(8) "Evoked potentials" means the recording of | ||
electrical activity from the brain, spinal nerves, or sensory | ||
receptors that occurs in direct response to auditory, visual, or | ||
electrical stimulation using surface electrodes and computer | ||
equipment to average the electrical potentials generated. | ||
(9) "Executive director" means the executive director | ||
of the department. | ||
(10) "General supervision" means supervision by a | ||
responsible physician who is readily available to communicate with | ||
a person performing a neurodiagnostic procedure. | ||
(11) "Intraoperative monitoring" means the use of a | ||
neurophysiological monitoring technique during surgery that | ||
ensures the safety of a patient by: | ||
(A) providing information to the surgeon that | ||
relates to the integrity of the central and peripheral nervous | ||
systems; and | ||
(B) using real-time electrographic information | ||
or stimulus evoked recordings of auditory, visual, somatosensory, | ||
or motor pathways via surface or subdermal needle electrodes. | ||
(12) "License holder" means a person who holds a | ||
license as a neurodiagnostic technologist under this chapter. | ||
(13) "Long-term monitoring" means the prolonged | ||
recording, by video recording or digital analysis, of the ongoing | ||
electrical activity of the brain to evaluate and diagnose epilepsy | ||
and other intermittent or infrequent neurological disturbances. | ||
(14) "Nerve conduction study" means a recording | ||
obtained from electrical stimulation of peripheral nerves using | ||
surface electrodes and standard equipment with oscilloscopes for | ||
waveform analysis to evaluate and diagnose a disorder of the | ||
peripheral nervous system. | ||
(15) "Neurodiagnostic student" means a person who is | ||
enrolled in a neurodiagnostics program. | ||
(16) "Neurodiagnostic technologist" means a person | ||
who holds a license issued under this chapter to: | ||
(A) use specialized equipment to record and | ||
analyze physiological data and electrical activity from the central | ||
and peripheral nervous systems; and | ||
(B) perform one or more of the following | ||
neurodiagnostic procedures under the direct or general supervision | ||
of a physician: | ||
(i) electroencephalography; | ||
(ii) evoked potentials; | ||
(iii) continuous electroencephalography | ||
monitoring; | ||
(iv) intraoperative neuromonitoring; | ||
(v) long-term monitoring; | ||
(vi) nerve conduction studies; | ||
(vii) polysomnography; or | ||
(viii) autonomic reflex testing. | ||
(17) "Polysomnography" means the recording of the | ||
biophysiological changes that occur during sleep by monitoring the | ||
ongoing electrical activity of the brain, eye movements, muscle | ||
activity, heart rhythm, and respiratory effort to diagnose and | ||
treat sleep disorders. | ||
Sec. 606.002. EXEMPTIONS. This chapter does not apply to: | ||
(1) a physician licensed in this state; | ||
(2) a person performing a neurodiagnostic procedure: | ||
(A) for research if the results of the procedure | ||
are not used to diagnose or treat a patient; | ||
(B) as a neurodiagnostic student under the direct | ||
supervision of a neurodiagnostic technologist or physician; or | ||
(C) as an employee under the direct supervision | ||
of a physician as part of the employee's job training; or | ||
(3) a faculty member of an accredited school or | ||
university with a neurodiagnostics, allied health, or health | ||
education program. | ||
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT | ||
Sec. 606.051. GENERAL POWERS AND DUTIES; RULES. (a) The | ||
department shall administer and enforce this chapter. | ||
(b) The commission shall adopt rules necessary to | ||
administer and enforce this chapter. | ||
(c) In its rules under this section, the commission shall | ||
list the specific offenses for which a conviction would constitute | ||
grounds for the commission to take action under Chapter 53. | ||
Sec. 606.052. FEES. (a) The commission by rule shall | ||
establish reasonable and necessary fees in amounts sufficient to | ||
cover the costs of administering and enforcing this chapter. | ||
(b) The commission may increase the fee for the issuance or | ||
renewal of a license as necessary to cover the costs of enforcing | ||
this chapter in an amount not to exceed $1,000. | ||
SUBCHAPTER C. LICENSE REQUIREMENTS | ||
Sec. 606.101. LICENSE REQUIRED. (a) A person may not act | ||
as or offer to act as a neurodiagnostic technologist unless the | ||
person holds a license issued under this chapter. | ||
(b) A person who is not licensed under this chapter, or | ||
whose license has been suspended or revoked, may not: | ||
(1) use the word "neurodiagnostic" on a sign, name | ||
tag, or any form of advertising unless the person is expressly | ||
exempt from the licensing requirements of this chapter; | ||
(2) use in connection with the person's practice any | ||
abbreviations or credentials indicating or implying that the person | ||
is a neurodiagnostic technologist; or | ||
(3) directly or by implication represent in any way | ||
that the person is a neurodiagnostic technologist. | ||
(c) A license: | ||
(1) is valid only with respect to the person named on | ||
the license; and | ||
(2) authorizes the license holder to engage in the | ||
neurodiagnostic procedure for which the license holder has a | ||
credential issued by a credentialing organization. | ||
(d) A license issued under this chapter is not transferable | ||
or assignable. | ||
Sec. 606.102. LICENSING APPLICATION. (a) An applicant for | ||
a license must: | ||
(1) apply to the department on a form prescribed by the | ||
executive director and under rules adopted by the commission; | ||
(2) submit with the application a nonrefundable | ||
application fee in an amount set by the commission; and | ||
(3) pass a credentialing organization examination | ||
administered or accepted by the department. | ||
(b) The commission by rule shall specify the information | ||
that must be included on an application submitted to the | ||
department. The rules must require: | ||
(1) each application to include the name and address | ||
of the applicant; and | ||
(2) each applicant for a license by examination to | ||
present satisfactory evidence to the commission that the applicant | ||
is: | ||
(A) at least 18 years of age; and | ||
(B) of good moral character. | ||
Sec. 606.103. EXAMINATIONS ADMINISTERED OR ACCEPTED BY | ||
DEPARTMENT. The department may administer or accept for licensing | ||
a credentialing organization examination as determined by rule. | ||
Sec. 606.1031. REDUCED LICENSE REQUIREMENTS. (a) A person | ||
who applies for a license under this chapter not later than June 1, | ||
2016, is exempt from the examination required under this chapter if | ||
the person presents satisfactory evidence to the department that | ||
the person: | ||
(1) holds unexpired credentials issued by a | ||
credentialing organization; or | ||
(2) actively performs neurodiagnostic procedures. | ||
(b) Satisfactory evidence under Subsection (a)(2) must be | ||
in the form of a signed letter submitted by the employer or | ||
supervising physician of the applicant. | ||
(c) A person who qualifies under this section for an | ||
exemption from the requirement to take the examination required | ||
under this chapter must comply with all other requirements under | ||
this chapter for issuance of a license. | ||
(d) This section expires June 1, 2017. | ||
Sec. 606.104. TEMPORARY LICENSES. (a) The commission may | ||
adopt rules and set fees relating to granting temporary licenses. | ||
(b) A temporary license under this chapter expires on the | ||
second anniversary of the date the temporary license is issued or | ||
the date the applicant presents satisfactory evidence to the | ||
department that the applicant has passed the examination required | ||
under this chapter, whichever date occurs first. | ||
(c) The commission by rule may extend the expiration date of | ||
a temporary license by not more than an additional 12 months. | ||
SUBCHAPTER D. LICENSE RENEWAL | ||
Sec. 606.151. LICENSE RENEWAL. (a) A license is valid for | ||
two years from the date of issuance and may be renewed biennially. | ||
(b) The commission by rule may adopt a system under which | ||
licenses expire on various dates during the year. | ||
(c) A person may renew an unexpired license by paying the | ||
required renewal fee to the department before the license | ||
expiration date. | ||
(d) To renew a license under this chapter, a person must | ||
submit proof satisfactory to the department that the person has: | ||
(1) maintained the appropriate credentials issued by a | ||
credentialing organization; and | ||
(2) complied with the continuing education | ||
requirements prescribed by the commission. | ||
Sec. 606.152. CONTINUING EDUCATION. (a) The commission | ||
shall establish for the renewal of a license or temporary license | ||
uniform continuing education requirements of not less than 24 | ||
continuing education hours for each renewal period. | ||
(b) The commission shall adopt a procedure to assess a | ||
license holder's participation in continuing education programs. | ||
SUBCHAPTER E. PRACTICE BY LICENSE HOLDER | ||
Sec. 606.201. ADVERTISING. (a) A license holder shall | ||
include the license holder's license number in each advertisement. | ||
(b) A person who advertises that the person is a | ||
neurodiagnostic technologist is presumed to be engaging in conduct | ||
regulated by this chapter. | ||
SUBCHAPTER F. PROHIBITED PRACTICES AND ENFORCEMENT PROVISIONS | ||
Sec. 606.251. PROHIBITED PRACTICES. (a) A license holder | ||
may not engage in a neurodiagnostic procedure for which the license | ||
holder does not hold the proper credential issued by a | ||
credentialing organization. | ||
(b) A license holder may not: | ||
(1) interpret neurodiagnostic data, including making | ||
a determination of normal or abnormal findings and identifying the | ||
presence, absence, type, severity, or likelihood of an illness, | ||
injury, or other condition; | ||
(2) provide clinical correlation of data, including | ||
making statements about the meaning of test results based on a | ||
person's symptoms, medical history, physical examination, or other | ||
clinical test results; or | ||
(3) perform needle insertion electromyography in a | ||
clinical setting. | ||
Sec. 606.252. INVESTIGATION OF COMPLAINTS. (a) The | ||
department shall investigate any complaint alleging that a | ||
violation of this chapter or a rule or order adopted under this | ||
chapter has occurred. | ||
(b) A complaint must be filed in a manner prescribed by the | ||
department. | ||
Sec. 606.253. SANCTIONS. The commission may impose | ||
sanctions as provided by Sections 51.352 and 51.353. | ||
SUBCHAPTER G. PENALTIES | ||
Sec. 606.301. ADMINISTRATIVE PENALTY. The commission or | ||
executive director may impose an administrative penalty on a person | ||
under Subchapter F, Chapter 51, regardless of whether the person | ||
holds a license under this chapter, if the person violates this | ||
chapter or a rule or order adopted under this chapter. | ||
Sec. 606.302. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person violates this chapter. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
SECTION 2. Not later than February 1, 2016, the Texas | ||
Commission of Licensing and Regulation, the Texas Department of | ||
Licensing and Regulation, and the executive director of the Texas | ||
Department of Licensing and Regulation, as appropriate, shall adopt | ||
rules and forms necessary to implement Chapter 606, Occupations | ||
Code, as added by this Act. | ||
SECTION 3. The Texas Department of Licensing and Regulation | ||
shall issue a neurodiagnostic technologist license under Chapter | ||
606, Occupations Code, as added by this Act, to an applicant who: | ||
(1) applies for a license under this section not later | ||
than June 1, 2016; | ||
(2) submits to the department the information required | ||
by rule; | ||
(3) meets the requirements of Section 606.1031, | ||
Occupations Code, as added by this Act; and | ||
(4) pays the application fee established by the | ||
commission. | ||
SECTION 4. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2015. | ||
(b) Section 606.101 and Subchapter G, Chapter 606, | ||
Occupations Code, as added by this Act, take effect September 1, | ||
2016. |