Bill Text: TX SB1743 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the licensing and regulation of surgical assistants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to Health & Human Services [SB1743 Detail]
Download: Texas-2019-SB1743-Introduced.html
86R5044 KKR-D | ||
By: Menéndez | S.B. No. 1743 |
|
||
|
||
relating to the licensing and regulation of surgical assistants. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 206.002(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) A person is not required to hold a license under this | ||
chapter if the person is: | ||
(1) a student enrolled in a surgical assistant | ||
education program approved by the medical board who is assisting in | ||
a surgical operation that is an integral part of the program of | ||
study; | ||
(2) a surgical assistant employed in the service of | ||
the federal government while performing duties related to that | ||
employment; | ||
(3) [ |
||
|
||
[ |
||
scope of the person's license; | ||
(4) [ |
||
(5) [ |
||
SECTION 2. Section 206.052(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) The advisory committee consists of five [ |
||
appointed by the president of the medical board as follows: | ||
(1) one[ |
||
perioperative nurse with at least five years of clinical experience | ||
as a registered perioperative nurse; | ||
(2) three licensed[ |
||
|
||
[ |
||
who have [ |
||
surgical assistant; and | ||
(3) one [ |
||
[ |
||
supervises a surgical assistant. | ||
SECTION 3. Section 206.056, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 206.056. OFFICERS. The president of the medical board | ||
shall designate biennially a committee member who is a licensed | ||
surgical assistant as the presiding officer of the advisory | ||
committee to serve in that capacity at the will of the president. | ||
SECTION 4. Section 206.058(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) The advisory committee shall meet at the call of the | ||
presiding officer [ |
||
SECTION 5. Section 206.203, Occupations Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (d) to read | ||
as follows: | ||
(a) Except as provided by Section 206.206, to be eligible | ||
for a license, a person must: | ||
(1) [ |
||
[ |
||
|
||
[ |
||
affects the applicant's professional competency; and | ||
(2) [ |
||
revoked by a licensing agency or by a certifying professional | ||
organization[ |
||
[ |
||
|
||
(b) In addition to meeting the requirements of Subsection | ||
(a), a person must: | ||
(1) pass the examination required by Section 206.204; | ||
(2) hold at least an associate's degree based on | ||
completion of an educational program that is substantially | ||
equivalent to the education required for a registered nurse or | ||
physician assistant who specializes in surgical assisting; | ||
(3) demonstrate to the satisfaction of the medical | ||
board the completion of full-time work experience performed in this | ||
country under the direct supervision of a physician licensed in | ||
this country and consisting of at least 1,000 [ |
||
performance as an assistant in surgical procedures [ |
||
|
||
(4) possess a current certification by a national | ||
certifying body approved by the medical board. | ||
(d) Clinical hours completed by a person under an | ||
educational program described by Subsection (b)(2) apply toward the | ||
1,000 hours required under Subsection (b)(3) if the person | ||
successfully completed the program. The medical board shall adopt | ||
rules regarding the evaluation and verification of hours completed | ||
under this subsection. | ||
SECTION 6. Subchapter E, Chapter 206, Occupations Code, is | ||
amended by adding Sections 206.2031, 206.2051, and 206.2131 to read | ||
as follows: | ||
Sec. 206.2031. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR LICENSE ISSUANCE. (a) The medical board shall | ||
require that an applicant for a license under this chapter submit a | ||
complete and legible set of fingerprints, on a form prescribed by | ||
the medical board, to the medical board or to the Department of | ||
Public Safety for the purpose of obtaining criminal history record | ||
information from the Department of Public Safety and the Federal | ||
Bureau of Investigation. | ||
(b) The medical board may not issue a license to a person who | ||
does not comply with the requirement of Subsection (a). | ||
(c) The medical board shall conduct a criminal history | ||
record information check of each applicant for a license using | ||
information: | ||
(1) provided by the individual under this section; and | ||
(2) made available to the medical board by the | ||
Department of Public Safety, the Federal Bureau of Investigation, | ||
and any other criminal justice agency under Chapter 411, Government | ||
Code. | ||
(d) The medical board may: | ||
(1) enter into an agreement with the Department of | ||
Public Safety to administer a criminal history record information | ||
check required under this section; and | ||
(2) authorize the Department of Public Safety to | ||
collect from each applicant the costs incurred by the Department of | ||
Public Safety in conducting the criminal history record information | ||
check. | ||
Sec. 206.2051. ALTERNATIVE ELIGIBILITY FOR LICENSE. (a) A | ||
person who does not meet the requirements of Section 206.203(b) is | ||
eligible for a license if the person: | ||
(1) applies for a license before December 1, 2022; and | ||
(2) completes the full-time work experience described | ||
by Subsection (b). | ||
(b) A person satisfies the requirement of Subsection (a)(2) | ||
if the person demonstrates to the satisfaction of the medical board | ||
that the person has full-time work experience performed in this | ||
country under the direct supervision of a physician licensed in | ||
this country consisting of: | ||
(1) at least 1,000 hours of performance as a first | ||
assistant in surgical procedures completed after August 31, 2015; | ||
or | ||
(2) subject to Subsection (c), less than 1,000 hours | ||
of performance as a first assistant in surgical procedures | ||
completed after August 31, 2015. | ||
(c) A person who qualifies for the issuance of a license | ||
based on experience described by Subsection (b)(2) may not renew | ||
the license unless the person demonstrates to the satisfaction of | ||
the medical board that at the time of renewal the person has | ||
full-time work experience performed in this country under the | ||
direct supervision of a physician licensed in this country | ||
consisting of at least 1,000 hours of performance as a first | ||
assistant in surgical procedures. | ||
Sec. 206.2131. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a license | ||
issued under this chapter shall submit a complete and legible set of | ||
fingerprints for purposes of performing a criminal history record | ||
information check of the applicant as provided by Section 206.2031. | ||
(b) The medical board may administratively suspend or | ||
refuse to renew the license of a person who does not comply with the | ||
requirement of Subsection (a). | ||
(c) A license holder is not required to submit fingerprints | ||
under this section for the renewal of the license if the holder has | ||
previously submitted fingerprints under: | ||
(1) Section 206.2031 for the initial issuance of the | ||
license; or | ||
(2) this section as part of a prior renewal of a | ||
license. | ||
SECTION 7. Section 206.252, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 206.252. SERVICE CONTRACTS. (a) This chapter does | ||
not: | ||
(1) limit the employment arrangement of a surgical | ||
assistant licensed under this chapter; | ||
(2) require a surgeon or hospital to contract with a | ||
surgical assistant; or | ||
(3) authorize a health maintenance organization, | ||
preferred provider organization, or health benefit plan to require | ||
a surgeon to contract with a surgical assistant[ |
||
[ |
||
|
||
(b) A hospital licensed under Chapter 241, Health and Safety | ||
Code, or an ambulatory surgical center licensed under Chapter 243, | ||
Health and Safety Code, shall use a licensed surgical assistant for | ||
surgical assisting. | ||
SECTION 8. Sections 206.203(c) and 206.205, Occupations | ||
Code, are repealed. | ||
SECTION 9. Section 206.052(a), Occupations Code, as amended | ||
by this Act, applies only to a member of the advisory committee | ||
appointed on or after the effective date of this Act. A member | ||
appointed before the effective date of this Act may continue to | ||
serve until the expiration of the member's term. As vacancies occur | ||
on the advisory committee on and after the effective date of this | ||
Act, the president of the Texas Medical Board shall appoint members | ||
having the qualifications required by the changes in law made by | ||
this Act. | ||
SECTION 10. Section 206.203, Occupations Code, as amended | ||
by this Act, and Sections 206.2031, 206.2051, and 206.2131, | ||
Occupations Code, as added by this Act, apply only to an application | ||
for the issuance or renewal of a license submitted to the Texas | ||
Medical Board on or after the effective date of this Act. An | ||
application submitted before the effective date of this Act is | ||
governed by the law in effect on the date the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 11. Notwithstanding Section 206.252, Occupations | ||
Code, as amended by this Act, a hospital or ambulatory surgical | ||
center is not required to use a surgical assistant licensed under | ||
Chapter 206, Occupations Code, before January 1, 2021. | ||
SECTION 12. Not later than September 1, 2021, the Texas | ||
Medical Board shall obtain criminal history record information on | ||
each person who, on the effective date of this Act, holds a license | ||
issued under Chapter 206, Occupations Code, and did not undergo a | ||
criminal history record information check based on the license | ||
holder's fingerprints on the initial application for the license. | ||
The Texas Medical Board may suspend the license of a license holder | ||
who does not provide the criminal history record information as | ||
required by the board and this section. | ||
SECTION 13. Not later than December 1, 2020, the Texas | ||
Medical Board shall adopt rules necessary to implement the changes | ||
in law made by this Act to Chapter 206, Occupations Code. | ||
SECTION 14. This Act takes effect July 1, 2019, if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for effect on that | ||
date, this Act takes effect September 1, 2019. |