Part I.
Texas Department of Health
Chapter 1.
Texas Board of Health
Subchapter L. Medical Advisory Board
25 TAC §1.151
(Editor's note: The text of the following section
proposed for repeal will not be published. The section may be examined in
the offices of the Texas Department of Health or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Health (department) proposes the repeal
of §1.151 and new §1.151 and §1.152, concerning the operation
of the Medical Advisory Board (MAB). As called for by Health and Safety Code,
§12.095, the MAB makes recommendations to the Texas Department of Public
Safety (DPS) regarding the possible medical limitations of driver licensees/applicants,
and/or factors which may affect the sound judgment of concealed handgun licensees/applicants.
The General Appropriations Act, HB1, Article IX, Rider 167, passed by the
75th Legislature, requires that each state agency review and consider for
re-adoption each rule adopted by that agency pursuant to the Government Code,
Chapter 2001 (Administrative Procedure Act). Section 1.151 has been reviewed
and the department has determined that reason for-adopting the section continues
to exist in that a rule on this subject is needed; however, the rule needs
revision as described in the preamble.
New §1.151 and §1.152 became necessary due to legislation in
the 75th Legislature, Regular Session. Specifically, HB 2909 amended §12.092
and §12.095 of the Health and Safety Code to additionally require the
MAB to assist DPS in determining whether an applicant for or a holder of a
license to carry a concealed handgun is capable of exercising sound judgment
with respect to the proper use and storage of a handgun. References to the
Medical Standards on Motor Vehicle Operations Division (MSMVO) have been replaced
with language referring to the Medical Advisory Board or the bureau. New §1.152
creates a department physician to serve as permanent chair of the MAB for
quality improvement, to ensure stability and to increase the efficiency of
the panel.
The department published a Notice of Intention to review §1.151 as
required by Rider 167 in the
Texas Register
(23 TexReg 9076) on September 4, 1998. No comments were received by the department
on this section.
Gene Weatherall, Bureau Chief, has determined that for each year of the
first five-year period the sections are in effect, there will be no fiscal
implications to state or local government as a result of enforcing or administering
the sections as proposed.
Mr. Weatherall also has determined that for each year of the first five
years the sections are in effect, the public benefit anticipated as a result
of enforcing the sections will be fewer, but more effective meetings and more
thorough deliberation of the cases. There will be no effect on small business.
There are no anticipated economic costs to persons who are required to comply
with the sections as proposed. There is no anticipated impact on local employment.
Comments on the proposal may be submitted in writing to Gene Weatherall,
Chief, Bureau of Emergency Management, 1100 West 49th Street, Austin, Texas
78756-3199, (512) 834-6700. Comments will be accepted for 30 days following
publication of this proposal in the
Texas Register
.
The repeal is proposed under the Health and Safety Code, §§12.001,
12.092, 12.094 and 12.095, which provides the Texas Board of Health with the
authority to adopt rules for the performance of every duty imposed by law
on the Texas Board of Health, the Texas Department of Health, and the Commissioner
of Health.
The repeal affects the Health and Safety Code, §12.094, the Health
and Safety Code, Chapter 12; and the General Appropriations Act, House Bill
1, Article IX, Rider 167, passed by the 75th Legislature.
§1.151.Operation of the Medical Advisory Board and the Medical Standards on Motor Vehicle Operations Division.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 12, 1999.
TRD-9900940
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 458-7236
25 TAC §1.151, §1.152
The new sections are proposed under the Health and Safety
Code, §§12.001, 12.092, 12.094 and 12.095, which provides the Texas
Board of Health with the authority to adopt rules for the performance of every
duty imposed by law on the Texas Board of Health, the Texas Department of
Health, and the Commissioner of Health.
The new sections affect the Health and Safety Code, §12.094, the Health
and Safety Code, Chapter 12; and the General Appropriations Act, House Bill
1, Article IX, Rider 167, passed by the 75th Legislature.
§1.151.Definitions.
The following words and terms when used in this section, shall have
the following meanings, unless the text clearly indicates otherwise:
(1)
Applicant - An individual referred by the Texas Department
of Public Safety (DPS) to the Medical Advisory Board (MAB) for medical review.
(2)
Bureau - The Texas Department of Health, Bureau of
Emergency Management staff, responsible for administering MAB activities.
(3)
Commissioner - The Commissioner of Health.
(4)
DPS -The Department of Public Safety.
(5)
MAB -The Medical Advisory Board (MAB) is the body
of physicians and optometrists licensed by the State of Texas and established
under authority of the Health and Safety Code, §12.092, from which a
panel is to be convened when opinions are requested by the DPS.
(6)
MAB Chair - The Health Care Quality & Standards
medical consultant physician appointed by the Commissioner of Health (commissioner)
to chair the MAB, and to act in the capacity of a MAB member.
(7)
MAB panel - A body of at least three MAB members,
convened to review applicants and provide opinions at the request of the DPS.
§1.152.Operation of the Medical Advisory Board.
(a)
Purpose. The purpose of this section is to establish the
requirements governing the operation and administration of the Medical Advisory
Board (MAB).
(b)
Appointment and terms of office.
(1)
The present MAB is divided into four groups:
(A)
Group One's term will expire January 1 of even numbered
years;
(B)
Group Two's term will expire July 1 of even numbered years;
(C)
Group Three's term will expire January 1 of odd numbered
years; and
(D)
Group Four's term will expire July 1 of odd numbered years.
(2)
The commissioner shall appoint MAB members from:
(A)
persons licensed to practice medicine in Texas, including
physicians who are board certified in medicine, psychiatry, neurology, physical
medicine, or ophthalmology, and who are jointly recommended by the Texas Department
of Health (department) and the Texas Medical Association; and
(B)
persons licensed to practice optometry in this state who
are jointly recommended by the department and the Texas Optometric Association.
(3)
The Health Care Quality and Standards medical
consultant to the MAB shall serve as MAB chair.
(c)
Meetings.
(1)
Upon request by the Department of Public Safety (DPS),
the Bureau of Emergency Management (bureau) shall convene a MAB panel.
(A)
To take action as a panel, at least three members of the
MAB must be present.
(B)
Each panel member shall prepare an individual independent
written report that states the member's opinion as to the ability of an applicant
or licensee to operate a motor vehicle safely or to exercise sound judgment
with respect to the proper use and storage of a handgun.
(2)
Failure to attend scheduled meetings may result
in a recommendation for the member's dismissal from the MAB by the MAB chair.
(3)
The MAB shall meet in closed session to discuss records,
reports, or testimony relating to the medical condition of an applicant or
licensee. All such records, reports, and testimony are for the confidential
use of the MAB and DPS and may not be disclosed to others except as authorized
by the Transportation Code, Chapter 521, Subchapter N.
(d)
Official records.
(1)
The bureau may collect and maintain the individual medical
records from a physician, hospital, or other health care provider necessary
for use by the MAB. All records provided shall be kept confidential. Health
care providers may request and shall be mailed a copy of any medical information
they provided.
(2)
The applicant shall provide current medical information
to the MAB which is pertinent to the medical condition(s) for which DPS requested
the review. Information shall be provided within 20 days by a licensed physician
or a licensed medical facility. In lieu of a physician, any department-approved
health care provider who treated the applicant may provide information regarding
the candidate's fitness to operate a motor vehicle safely; or to the ability
to exercise sound judgment with respect to the proper use and storage of a
handgun.
(3)
In its deliberations, the MAB panel may examine any
medical records or reports containing material which may be relevant to the
ability of the licensee or applicant to operate a motor vehicle safely or
the ability to exercise sound judgment with respect to the proper use and
storage of a hand gun. Additional information supplied to the bureau or DPS
may be utilized. Any decision will be held in abeyance until the applicant
provides all additional information deemed necessary by the MAB.
(4)
An affidavit of MAB proceedings shall be prepared
for DPS upon request.
(5)
The members on the MAB shall issue recommendations
or opinions to DPS. The final decision to issue, renew, restrict, or revoke
a license shall rest entirely with DPS.
(6)
MAB members other than the MAB chair shall be paid
a meeting attendance fee in the amount of $100 per meeting.
(e)
Impartiality. Any MAB member who is unable to be impartial
as to any applicant before the MAB shall so declare this partiality to the
members present and shall not participate in any MAB proceedings involving
that applicant.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
February 12, 1999.
TRD-9900941
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 458-7236
Subchapter F. Advisory Committee
25 TAC §14.501
The Texas Department of Health (department) proposes an amendment
to §14.501, concerning the Indigent Health Care Advisory Committee (committee).
The committee provides advice to the Texas Board of Health (board) in the
area of the Indigent Health Care Program.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1995, the board established a rule relating to the Indigent Health Care
Advisory Committee. The rule states that the committee will automatically
be abolished on July 1, 1999. The board has now reviewed and evaluated the
committee and has determined that the committee should continue in existence
until July 1, 2003.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to reference the Government Code; to continue
the committee until July 1, 2003; to change the composition of the committee;
to clarify that members holdover until their replacement is appointed; to
standardize the time of the appointment process at every two years instead
of every year; to require that the presiding officer and the assistant presiding
officer of the committee will be selected by the chairman of the board for
a term of two years; to allow a temporary vacancy in the office of assistant
presiding officer to be filled by vote of the committee until appointment
by the chairman of the board occurs; to clarify that the committee is prohibited
from holding an executive session (closed meeting) for any reason; to clarify
that the committee and its members may not participate in legislative activity
in the name of the board, the department, or the committee except with certain
approval; to require the committee's annual report in July rather than January;
and reimbursement for a committee member's expenses if authorized by General
Appropriations Act or budget execution process. These changes will clarify
procedures for the committee and emphasize the advisory nature of the committee.
Debbie Blount, Associate Commissioner for Health Care Financing Program
and Policy, has determined that for each year of the first five years the
proposed section is in effect, there will be no fiscal implications for state
or local governments as a result of enforcing or administering this section.
Ms. Blount also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be better information and advice provided to the board and
the department on the issues addressed by the advisory committee and clarification
of the role and procedures of the committee. There will be no effect on small
businesses. There are no economic costs to persons who are required to comply
with the section as proposed. There will be no effect on local employment.
Comments may be submitted to Rose Marie Linan, Indigent Health Care Program,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512)
338-6458. Comments on the proposed section will be accepted for 30 days following
publication in the
Texas Register
.
The amendment is proposed under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; the Government Code,
Chapter 2110, which sets standards for the evaluation of advisory committees
by the agencies for which they function; and the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
The amendment affects the Health and Safety Code, Chapter 11, and the Government
Code, Chapter 2110.
§14.501.Indigent Health Care Advisory Committee.
(a)
(No change.)
(b)
Applicable law. The committee is subject to
the Government
Code, Chapter 2110
[
(c)-(d)
(No change.)
(e)
Review and duration. By July 1,
2003
[
(f)
Composition.
(1)
The committee shall be composed of 11 members
consisting of
four
[
(2)
Since the composition of the committee
as it existed on March 1, 1999, is changed under this section, existing members
shall continue to serve until the board appoints members under the new composition.
(g)
Terms of office. The term of office of each member shall
be six years.
Members shall serve after expiration of their terms until
a replacement is appointed.
(1)
Members shall be appointed for staggered terms so that
the terms of a substantial equivalent number of members will expire on August
31st of each
even- numbered
year.
(2)
(No change.)
(h)
Officers. The
chairman of the board
[
(1)
Each officer shall serve until the
June 30th of each
odd-numbered year. Each officer may holdover until his or her replacement
is appointed by the chairman of the board
[
(2)
(No change.)
(3)
The assistant presiding officer shall perform the
duties of the presiding officer in case of the absence or disability of the
presiding officer. In case the office of presiding officer becomes vacant,
the assistant presiding officer will serve until a successor is
appointed
[
(4)
If the office of assistant presiding officer
becomes vacant, it
[
(5)-(6)
(No change.)
(7)
The presiding officer and assistant
presiding officer serving on January 1, 1999, will continue to serve until
the chairman of the board appoints their successors.
(i)
Meetings. The committee shall meet only as necessary to
conduct committee business.
(1)-(2)
(No change.)
(3)
The committee is not a "governmental body" as
defined in the Open Meetings Act. However, in order to promote public participation,
each
[
(4)-(7)
(No change.)
(j)
Attendance. Members shall attend committee meetings as
scheduled. Members shall attend meetings of subcommittees to which the member
is assigned.
(1)-(3)
(No change.)
[
(k)-(m)
(No change.)
(n)
Statement by members.
(1)
The board, the department, and the committee
shall not be bound in any way by any statement or action on the part of any
committee member except when a statement or action is in pursuit of specific
instructions from the board, department, or committee.
(2)
The committee and its members may
not participate in legislative activity in the name of the board, the department,
or the committee except with approval through the department's legislative
process. Committee members are not prohibited from representing themselves
or other entities in the legislative process.
(o)
Reports to board. The committee shall file an annual written
report with the board.
(1)
The report shall list the meeting dates of the committee
and any subcommittees, the attendance records of its members, a brief description
of actions taken by the committee, a description of how the committee has
accomplished the tasks given to the committee by the board, the status of
any rules which were recommended by the committee to the board,
and
anticipated activities of the committee for the next year[
(2)
(No change.)
(3)
The report shall cover the meetings and activities
in the immediate preceding 12 months and shall be filed with the board each
July
[
(p)
Reimbursement for expenses. In accordance with the requirements
set forth in
the Government Code, Chapter 2110
[
(1)-(5)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 12, 1999.
TRD-9900936
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 458-7236
Subchapter D. Medicaid Home Health Services
25 TAC §29.303, §29.305
Subject to the approval of the State Medicaid Director, the
Texas Department of Health (department) proposes amendments to §29.303
and §29.305, concerning recipient qualifications for home health services
and home health services benefits and limitations.
The department has determined the need to amend its rules to ensure access
to medically necessary diabetic supplies and related testing equipment, and
to expedite the delivery of medically necessary home health services to recipients.
The amendments remove the homebound requirement for receiving diabetic supplies
and related testing equipment and permits the department to eliminate the
prior authorization requirement for certain services.
Joe Moritz, Health Care Financing Budget Director, has determined that
for the first five-year period the sections are in effect, there will be no
fiscal implications for state or local government as a result of enforcing
or administering the sections as proposed.
Mr. Moritz also has determined that for each year of the five years the
sections are in effect, the public benefit anticipated as a result of enforcing
the sections will be to ensure accessibility to medically necessary services.
There will be no effect on small businesses and there are no anticipated economic
costs to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Nichols, Program Specialist
III, Health Care Financing, Texas Department of Health, 1100 West 49th Street,
Austin, Texas 78756-3168, (512) 338-6511. Comments will be accepted for 30
days following publication of this proposal in the
Texas Register
.
The amendments are proposed under the Human Resources Code, §32.021
and Government Code §531.02, which provide the Health and Human Services
Commission with the authority to adopt rules to administer the state's medical
assistance program and is submitted by the Texas Department of Health under
its agreement with the Health and Human Services Commission to operate the
purchased health services program and as authorized under Chapter 15, §1.07,
Acts of the 72nd Legislature, First Called Session (1991).
These proposed amendments affect Chapter 32 of the Human Resources Code
and Chapter 531 of the Government Code.
§29.303.Recipient Qualifications for Home Health Services.
An eligible Medicaid recipient must meet the following requirements
to qualify for Medicaid home health services:
(1)-(3)
(No change.)
(4)
receive prior authorization from the department for
home health services
unless otherwise specified by the department
;
and
(5)
(No change.)
§29.305.Home Health Services Benefits and Limitations.
(a)
Home health service benefits include the following.
(1)-(2)
(No change.)
(3)
Medical supplies. Medical supplies are covered benefits
if they meet the following criteria.
(A)
Medical supplies must be:
(i)-(iii)
(No change.)
(iv)
prior authorized
unless otherwise specified
by the department.
(B)-(C)
(No change.)
(4)
Durable medical equipment (DME).
Durable
Medical Equipment
[
(A)
DME must:
(i)
(No change.)
(ii)
be prior authorized
unless otherwise specified
by the department;
(iii)-(vi)
(No change.)
(B)-(D)
(No change.)
(5)-(7)
(No change.)
(8)
Diabetic supplies and related testing
equipment. Diabetic supplies and related testing equipment must meet the following
requirements to qualify for reimbursement under Medicaid home health services:
(A)
diabetic supplies and related testing equipment
must be prescribed by a physician;
(B)
prior authorization is required unless otherwise
specified by the department; and
(C)
an eligible recipient is not required to be
homebound to obtain diabetic supplies and related testing equipment.
(b)
Home health service limitations include the following.
(1)-(3)
(No change.)
(4)
Prior approval. Services or supplies furnished without
prior approval
, unless otherwise specified
by the department
,
are not benefits.
(5)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 22, 1999.
TRD-9901038
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 458-7236
Subchapter H. Midwives
25 TAC §§37.171-37.174, 37.176, 37.177, 37.179, 37.181-37.185
The Texas Department of Health (department) proposes the
repeal of §§37.171- 37.174, 37.176-37.177, 37.179, 37.181-37.185,
concerning midwives. Specifically, the sections cover purpose; definitions,
duties of the Texas Board of Health, the Midwifery Board, the Texas Department
of Health, and the midwifery program coordinator; Midwifery Board meetings;
additional information collected by the midwifery program; informed choice
and disclosure statement; publishing of reports; newborn screening; injunctions
and civil and criminal penalties; provision of support services; eye prophylaxis;
and midwifery practice standards and principles.
The department proposes repeal of the sections in 25 Texas Administrative
Code (TAC) in order that new sections may be proposed by the Texas Midwifery
Board for adoption at 22 TAC, Examining Boards, Chapter 831, Midwives. The
Texas Midwifery Board is authorized by the Texas Midwifery Act (the Act),
Texas Civil Statutes, Article 4512i, §8A(b), to adopt rules concerning
documentation of midwives; standards for approval of midwifery education courses,
instructors, and facilities; standards for midwifery practice; basic and continuing
midwifery education requirements; reporting and processing complaints; disciplinary
procedures; procedures for reciprocity for initial documentation; and any
additional rules necessary to implement any duty imposed on the board by the
Act, subject to the approval of the Texas Board of Health. Effective December
1, 1998, the Midwifery Program and the Midwifery Board were administratively
transferred from the department's Women's Health Division to the department's
Professional Licensing and Certification Division. The new rules proposed
by the Midwifery Board in 22 TAC, Chapter 831, can be found in this issue
of the
Texas Register
in the Proposed Rule
section.
Jack Baum, D.D.S., Acting Associate Commissioner for Community Resources
and Development, has determined that for the first five-year period the sections
are in effect, there will be no fiscal implications for state or local government
as a result of the repeals.
Dr. Baum also has determined that for each of the first five years the
repeals are in effect, the public benefit anticipated is more effective regulation
of the midwifery practice. There are no anticipated economic costs to small
businesses or to persons who will be affected by the repeals. No effect on
local employment is anticipated.
Written comments on the proposed repeals may be submitted to Yvonne Feinleib,
Midwifery Program Director, Professional Licensing and Certification Division,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189,
telephone (512) 834-4523. Comments will be accepted for 30 days following
publication of the proposed repeals in the
Texas
Register
.
The repeals are proposed under Health and Safety Code, §12.001(b),
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department and the commissioner
of health.
The repeals affect the Texas Midwifery Act, Texas Civil Statutes, Article
4512i.
Sections proposed for Repeal:
§37.171.Purpose.
§37.172.Definitions.
§37.173. Duties of the Texas Board of Health, the Midwifery Board, the Texas Department of Health and the Midwifery Program Coordinator.
§37.174. Midwifery Board.
§37.176. Additional Information.
§37.177. Informed Choice and Disclosure Statement.
§37.179. Publishing Reports.
§37.181. Newborn Screening.
§37.182. Injunctions and Civil and Criminal Penalties.
§37.183. Provision of Support Services.
§37.184. Eye Prophylaxis.
§37.185. Midwifery Practice Standards and Principles.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 12, 1999.
TRD-9900956
Edna Dougherty
Chair
Texas Department of Health
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 458-7236
Subchapter B. State Primary Care Program Advisory Committee
25 TAC §39.41
(Editor's note: The text of the following section proposed
for repeal will not be published. The section may be examined in the offices
of the Texas Department of Health or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Health (department) proposes the
repeal of §39.41, concerning the Community Oriented Primary Care Advisory
Committee (committee). The committee has provided advice to the Texas Board
of Health (board) and the department in planning, coordinating, and administering
the development of a community-based comprehensive system of primary care,
encompassing a full spectrum of psychosocial, preventive, acute/urgent, case
management, and dental services.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1995, the board established a rule relating to the Community Oriented
Primary Care Advisory Committee. The rule states that the committee will automatically
be abolished on July 1, 1999. The board has now reviewed and evaluated the
committee and has determined that the committee should be abolished. Issues
relating to the type of advice previously provided by the committee may be
addressed through the establishment of ad hoc committees
Janet Lawson, M.D., Acting Chief, Bureau of Community Oriented Public Health,
has determined that for each year of the first five years the repeal is in
effect, there will be no fiscal implications for state or local governments
as a result of enforcing or administering this section since the section will
no longer exist.
Dr. Lawson also has determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of enforcing
the section will be nonexistent since the section will no longer exist. There
will be no effect on small businesses. There are no economic costs to persons
as a result of this repeal. There will be no effect on local employment.
Comments may be submitted to Janet Lawson, M.D., Acting Chief, Bureau of
Community Oriented Public Health, Texas Department of Health, 1100 West 49th
Street, Austin, Texas 78756, (512) 458-2177. Comments on the proposed section
will be accepted for 30 days following publication in the
Texas Register
.
The repeal is proposed under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; the Government Code,
Chapter 2110, which sets standards for the evaluation of advisory committees
by the agencies for which they function; and the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
The repeal affects the Health and Safety Code, Chapter 11, and the Government
Code, Chapter 2110.
§39.41.Community Oriented Primary Care Advisory Committee
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 12, 1999.
TRD-9900945
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 458-7236
Subchapter F. Advisory Committee
25 TAC §115.71
The Texas Department of Health (department) proposes an amendment
to §115.71, concerning the Home and Community Support Services Advisory
Committee (committee). The committee provides advice to the Texas Board of
Health (board) in the area of licensing of home and community support services
agencies and was established under the Health and Safety Code, §142.015.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1995, the board established a rule relating to the Home and Community
Support Services Advisory Committee. The rule states that the committee will
automatically be abolished on July 1, 1999. The board has now reviewed and
evaluated the committee and has determined that the committee should continue
in existence until July 1, 2003.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to reference the Government Code; to add
the task of advising the department on enforcement provisions as specified
in the Health and Safety Code, §142.015(c); to continue the committee
until July 1, 2003; to clarify who may call a meeting; to clarify that the
committee is prohibited from holding an executive session (closed meeting)
for any reason; to clarify that the committee and its members may not participate
in legislative activity in the name of the board, the department, or the committee
except with certain approval; to require the committee's annual report in
July rather than January; and to reference reimbursement of a member's expenses
if authorized by the General Appropriations Act or budget execution process.
These changes will clarify procedures for the committee and emphasize the
advisory nature of the committee.
C. Thomas Camp, Chief, Bureau of Licensing and Compliance, has determined
that for each year of the first five years the proposed section is in effect,
there will be no fiscal implications for state or local governments as a result
of enforcing or administering this section.
Mr. Camp also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be better information and advice provided to the board and
the department on the issues addressed by the advisory committee and clarification
of the role and procedures of the committee. There will be no effect on small
businesses. There are no economic costs to persons who are required to comply
with the section as proposed. There will be no effect on local employment.
Comments may be submitted to Veronda Durden, Health Facility Licensing
Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas
78756, 512/834-6647. Comments on the proposed section will be accepted for
30 days following publication in the
Texas Register
.
The amendment is proposed under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; the Government Code,
Chapter 2110, which sets standards for the evaluation of advisory committees
by the agencies for which they function; and the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
The amendment affects the Health and Safety Code, Chapter 11, and the Government
Code, Chapter 2110.
§115.71. Home and Community Support Services Advisory Committee.
(a)
(No change.)
(b)
Applicable law. The committee is subject to
the Government
Code, Chapter 2110
[
(c)
( No change.)
(d)
Tasks.
(1)-(2)
(No change.)
(3)
The committee may advise the Texas
Department of Health (department) on the implementation of enforcement provisions
of the Health and Safety Code, Chapter 142.
(4)
[
(e)
Review and duration. By July 1,
2003
[
(f)-(h)
(No change.)
(i)
Meetings. The committee shall meet only as necessary to
conduct committee business.
(1)
A meeting may be called by
department
[
(2)
(No change.)
(3)
The committee is not a "governmental body" as
defined in the Open Meeting Act. However, in order to promote public participation,
each
[
(4)-(7)
(No change.)
(j)
Attendance. Members shall attend committee meetings as
scheduled. Members shall attend meetings of subcommittees to which the member
is assigned.
(1)-(3)
(No change.)
[
(k)-(m)
(No change.)
(n)
Statement by members.
(1)
The board, the department, and the committee
shall not be bound in any way by any statement or action on the part of any
committee member except when a statement or action is in pursuit of specific
instructions from the board, department, or committee.
(2)
The committee and its members may
not participate in legislative activity in the name of the board, the department,
or the committee except with approval through the department's legislative
process. Committee members are not prohibited from representing themselves
or other entities in the legislative process.
(o)
Reports to board. The committee shall file an annual written
report with the board.
(1)
The report shall list the meeting dates of the committee
and any subcommittees, the attendance records of its members, a brief description
of actions taken by the committee, a description of how the committee has
accomplished the tasks given to the committee by the board, the status of
any rules which were recommended by the committee to the board,
and
anticipated activities of the committee for the next year[
(2)
(No change.)
(3)
The report shall cover the meetings and activities
in the immediate preceding 12 months and shall be filed with the board each
July
[
(p)
Reimbursement for expenses.
In accordance with the
requirements set forth in the Government Code, Chapter 2110, a
[
(1)-(5)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 12, 1999.
TRD-9900942
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 458-7236
25 TAC §115.72
The Texas Department of Health (department) proposes an amendment
to §115.72, concerning the Texas Department of Health/Board of Nurse
Examiners (TDH/BNE) Memorandum of Understanding Advisory Committee (committee).
The committee provides advice to the Texas Board of Health (board) and the
Board of Nurse Examiners (BNE) regarding circumstances under which the provision
of health-related tasks or services provided by a home and community support
services agency are not considered to be the practice of professional nursing
under the personal assistance services licensure category. The committee was
established under the Health and Safety Code, §142.016(b).
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in
the Government Code, Chapter 2110) which requires that each state agency adopt
rules on advisory committees. The rules must state the purpose of the committee,
describe the tasks of the committee, describe the manner in which the committee
will report to the agency, and establish a date on which the committee will
be automatically abolished unless the governing body of the agency affirmatively
votes to continue the committee's existence.
In 1995, the board established a rule relating to the TDH/BNE Memorandum
of Understanding Advisory Committee. The rule states that the committee will
automatically be abolished on July 1, 1999. The board has now reviewed and
evaluated the committee and has determined that the committee should continue
in existence until July 1, 2003.
This section amends provisions relating to the operation of the committee.
Specifically, language is revised to reference the Government Code; to continue
the committee until July 1, 2003; to clarify that members holdover until their
replacement is appointed; to clarify that the committee is prohibited from
holding an executive session (closed meeting) for any reason; to clarify that
the committee and its members may not participate in legislative activity
in the name of the board, the department, the BNE, or the committee except
with certain approval; to require the committee's annual report in July rather
than January; and reimbursement for a committee member's expenses if authorized
by General Appropriations Act or budget execution process. These changes will
clarify procedures for the committee and emphasize the advisory nature of
the committee.
C. Thomas Camp, Chief, Bureau of Licensing and Compliance, has determined
that for each year of the first five years the proposed section is in effect,
there will be no fiscal implications for state or local governments as a result
of enforcing or administering this section.
Mr. Camp also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be better information and advice provided to the board and
the department on the issues addressed by the advisory committee and clarification
of the role and procedures of the committee. There will be no effect on small
businesses. There are no economic costs to persons who are required to comply
with the section as proposed. There will be no effect on local employment.
Comments may be submitted to Veronda Durden, Health Facility Compliance
Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas
78756, (512) 834-6647. Comments on the proposed section will be accepted for
30 days following publication in the
Texas Register
.
The amendment is proposed under the Health and Safety Code, §11.016,
which allows the board to establish advisory committees; the Government Code,
Chapter 2110, which sets standards for the evaluation of advisory committees
by the agencies for which they function; and the Health and Safety Code, §12.001,
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
The amendment affects the Health and Safety Code, Chapter 11, and the Government
Code, Chapter 2110.
§115.72.Texas Department of Health/Board of Nurse Examiners Memorandum of Understanding Advisory Committee.
(a)
(No change.)
(b)
Applicable law. The committee is subject to
the Government
Code, Chapter 2110
[
(c)-(d)
(No change.)
(e)
Review and duration. By July 1,
2003
[
(f)
Composition.
(1)
The committee shall be composed of ten members
[
(A)
[
(B)
[
(C)
[
(D)
[
(E)
[
(F)
[
(G)
[
(H)
[
(2)
The representatives from the
organizations listed in subparagraphs (1)-(7) may serve without further approval
of the board or the BNE. The representatives of organizations described in
subparagraph (8) must be approved by the board and the BNE before serving.
(g)
Terms of office. The term of office of each member shall
be six years.
Members shall serve after expiration of their term until
a replacement is appointed.
(1)
Members shall be appointed for staggered terms so that
the terms of a substantially equivalent number of members will expire on January
31 of each even-numbered year.
(2)
(No change.)
(h)
(No change.)
(i)
Meetings. The committee shall meet only as necessary to
conduct committee business.
(1)-(2)
(No change.)
(3)
The committee is not a "governmental body" as
defined in the Open Meetings Act. However, in order to promote public participation,
each
[
(4)-(7)
(No change.)
(j)
Attendance. Members shall attend committee meetings as
scheduled. Members shall attend meetings of subcommittees to which the member
is assigned.
(1)-(3)
(No change.)
[
(k)-(m)
(No change.)
(n)
Statement by members.
(1)
The board, the department, and the committee
shall not be bound in any way by any statement or action on the part of any
committee member except when a statement or action is in pursuit of specific
instructions from the board, department, or committee.
(2)
The committee and its members may
not participate in legislative activity in the name of the board, the department,
the BNE, or the committee except with approval through the department's legislative
process. Committee members are not prohibited from representing themselves
or other entities in the legislative process.
(o)
Reports to board. The committee shall file an annual written
report with the board and the BNE [
(1)
The report shall list the meeting dates of the committee
and any subcommittees, the attendance records of its members, a brief description
of actions taken by the committee, a description of how the committee has
accomplished the tasks given to the committee by the board, the status of
any rules which were recommended by the committee to the board
and
,
anticipated activities of the committee for the next year[
(2)
(No change.)
(3)
The report shall cover the meetings and activities
in the immediate preceding 12 months and shall be filed with the board and
the BNE each
July
[
(p)
Reimbursement for expenses. Except in accordance with the
requirements set forth in
the Government Code, Chapter 2110
[
(1)-(5)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 12, 1999.
TRD-9900944
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 458-7236
25 TAC §§143.1, 143.2, 143.4, 143.7-143.9, 143.11, 143.14, 143.16–143.20
The Texas Department of Health (department) proposes amendments
to §§143.1, 143.2, 143.4, 143.7-143.9, 143.11, 143.14, and 143.16-143.20,
concerning persons performing radiologic procedures. The amendments cover
purpose and scope; definitions; fees; types of certificates and applicant
eligibility; examinations; standards for the approval of curricula and instructors;
continuing education requirements; disciplinary actions; dangerous or hazardous
procedures; mandatory training programs for non-certified technicians; registry
of non-certified technicians; hardship exemptions; and alternate training
requirements.
The amendments add definitions for physician assistant, mobile radiography,
mobile x-ray equipment and portable x-ray equipment. All definitions are included
with numbers to comply with the new
Texas Register
format required by 1 Texas Administrative Code, §91.1, effective
February 17, 1998. Also, the amendments will add a waiver for training program
fees for programs accredited by the Texas Higher Education Coordinating Board;
list what is considered directly related continuing education topics; clarify
dangerous or hazardous procedures for registered nurses and physician assistants;
add qualifications for non-certified technician training program instructors;
and update and clarify existing language.
Bernie Underwood, C.P.A., Chief of Staff Services, Health Care Quality
and Standards, has determined that for each of the first five years the sections
will be in effect, there will be fiscal implications as a result of enforcing
or administering the sections as proposed. The effect on state government
will be an estimated decrease in revenue to the state of approximately $600
per year. There will be no fiscal implication for local government.
Ms. Underwood has determined that for each year of the first five years
the sections as proposed are in effect, the public benefit anticipated as
a result of enforcing the sections as proposed will be to assure the appropriate
regulation of medical radiologic technologists and continue to identify competent
medical radiologic technologists. There will be no effect on small businesses.
There are no anticipated economic costs to persons who are required to comply
with the sections as proposed. There is no anticipated impact on local employment.
Comments on the proposal may be submitted to Jeanette Hilsabeck, Administrator,
Medical Radiologic Technologist Certification Program, Professional Licensing
and Certification Division, Texas Department of Health, 1100 West 49th Street,
Austin, Texas, 78756-3183, (512) 834-6617; FAX (512) 834-6677. Comments will
be accepted for 30 days following publication of this proposal in the
The amendments are proposed under the Medical Radiologic Technologist
Certification Act, Texas Civil Statutes, Article 4512m, §2.05(e) which
provides the Texas Board of Health (board)with the authority to adopt rules
necessary to implement the Act; and the Texas Health and Safety Code §12.001,
which provides the board with the authority to adopt rules for the performance
of every duty imposed by law on the board, the department, and the commissioner
of health.
These proposed amendments implement the Medical Radiologic Technologist
Certification Act, Texas Civil Statutes, 4512m.
§143.1.Purpose and Scope.
(a)
(No change.)
(b)
Scope. These sections cover definitions; the Medical Radiologic
Technologist Advisory Committee; fees; applicability (exceptions to certification);
application requirements and procedures; types of certificates; examinations;
standards for curricula and instructor approval; certificate renewal; continuing
education requirements; changes of name or address; certifying persons with
criminal backgrounds to be medical radiologic technologists; disciplinary
actions; alternate eligibility requirements; dangerous or hazardous procedures;
mandatory training programs for non-certified technicians; registry of non-certified
technicians; [
§143.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act - The Medical Radiologic Technologist Certification
Act, Texas Civil Statutes, Article 4512m, Acts 1987, 70th Legislature, Chapter
1096, §3.01.
(2)
Administrator - The department employee
designated as the administrator of regulatory activities authorized by the
Act.
(3)
AMA - The American Medical Association.
(4)
AP - Anterior/posterior.
(5)
Applicant - A person who applies to the
Texas Department of Health for a certificate or temporary certificate, general
or limited.
(6)
ARCRT - American Registry of Clinical
Radiography Technologists and its successor organizations.
(7)
ARRT - The American Registry of Radiologic
Technologists and its predecessor or successor organizations.
(8)
BCE - The Texas State Board of Chiropractic
Examiners.
(9)
BDE - The Texas State Board of Dental
Examiners.
(10)
Biennial - Occurring every two years.
(11)
BME - The Texas State Board of Medical
Examiners.
(12)
BNE - The Texas State Board of Nurse
Examiners.
(13)
Board - The Texas Board of Health.
(14)
BPE - The Texas State Board of Podiatry
Examiners.
(15)
Cardiovascular (CV) - Limited to the
coronary vessels, atria, ventricula, ascending aorta and aortic arch.
(16)
Certificate - A medical radiologic technologist
certificate, general or limited, unless the wording specifically refers to
one or the other, issued by the Texas Department of Health.
(17)
Chiropractor - A person licensed by the
Board of Chiropractic Examiners (BCE) to practice chiropractic.
(18)
Committee - The Medical Radiologic Technologist
Advisory Committee.
(19)
Dentist - A person licensed by the Board
of Dental Examiners (BDE) to practice dentistry.
(20)
Department - The Texas Department of
Health.
(21)
Federally qualified health center (FQHC)
- A health center as defined by 42 United States Code, §1396d(2)(B).
(22)
Fluoroscopy - The practice of examining
tissues using a fluorescent screen, including digital and conventional methods.
(23)
Fluorography - Hard copy of a fluoroscopic
image; also known as spot films.
(24)
General certification - An authorization
to perform radiologic procedures.
(25)
Instructor - An individual approved by
the department to provide instruction and training in the discipline of medical
radiologic technology in an educational setting.
(26)
JCAHO - The Joint Commission on Accreditation
of Healthcare Organizations.
(27)
JRCENMT - The Joint Review Committee
on Education in Nuclear Medicine Technology and its successor organizations.
(28)
JRCERT - The Joint Review Committee on
Education in Radiologic Technology and its successor organizations.
(29)
JRCCVT - The Joint Review Committee in
Cardiovascular Technology.
(30)
Limited certification - An authorization
to perform radiologic procedures that are limited to specific parts of the
human body.
(31)
Limited Medical Radiologic Technologist
(LMRT) - A person who holds a limited certificate issued under the Act, and
who under the direction of a practitioner, intentionally administers radiation
to specific parts of the bodies of other persons for medical reasons. The
limited categories are the skull, chest, spine, extremities, podiatric
,
[
(32)
Medical radiologic technologist (MRT)
- A person who holds a general certificate issued under the Act, and who,
under the direction of a practitioner, intentionally administers radiation
to other persons for medical reasons.
(33)
Mobile radiography - Includes mobile x-ray
equipment and portable x-ray equipment.
(34)
Mobile x-ray equipment - Equipment mounted
on a permanent base with wheels and/or casters for moving while completely
assembled.
(35)
NMTCB - Nuclear Medicine Technology Certification
Board and its successor organizations.
(36)
Non-Certified Technician (NCT) - A person
who has completed a training program and who is listed on the registry. An
NCT may not perform a radiologic procedure which has been identified as dangerous
or hazardous.
(37)
PA - Posterior/anterior.
(38)
Physician - A person licensed by the
Board of Medical Examiners (BME) to practice medicine.
(39)
Physician assistant - A person licensed
as a physician assistant by the Texas State Board of Physician Assistant Examiners.
40)
Podiatrist - A person licensed by the Board of Podiatry Examiners
(BPE) to practice podiatry.
(41)
Portable x-ray equipment - Equipment designed
to be hand-carried.
(42)
Practitioner - A doctor of medicine,
osteopathy, podiatry, dentistry, or chiropractic who is licensed under the
laws of this state and who prescribes radiologic procedures for other persons
for medical reasons.
(43)
Radiation - Ionizing radiation in amounts
beyond normal background levels from sources such as medical and dental radiologic
procedures.
(44)
Radiologic procedure - Any procedure
or article intended for use in the diagnosis of disease or other medical or
dental conditions in humans (including diagnostic x-rays or nuclear medicine
procedures) or the cure, mitigation, treatment, or prevention of disease in
humans that achieves its intended purpose through the emission of ionizing
radiation.
(45)
Registered nurse - A person licensed
by the Board of Nurse Examiners (BNE) to practice professional nursing.
(46)
Registry - A list of names and other
identifying information of non-certified technicians.
(47)
Sponsoring institution - A hospital,
educational, or other facility, or a division thereof, that offers or intends
to offer a course of study in medical radiologic technology.
(48)
Supervision - Responsibility for and
control of quality, radiation safety and protection, and technical aspects
of the application of ionizing radiation to human beings for diagnostic and/or
therapeutic purposes.
(49)
Temporary certification, general or limited
- An authorization to perform radiologic procedures for a limited period,
not to exceed one year.
(50)
TRCR - Texas Regulations for the Control
of Radiation, 25 Texas Administrative Code, Chapter 289 of this title (relating
to Texas Regulations for the Control of Radiation). The regulations are available
from the Standards Branch, Bureau of Radiation Control, Texas Department of
Health, 1100 West 49th Street, Austin, Texas 78756-3189 (phone 1-512-834-6688).
§143.4.Fees.
(a)
(No change.)
(b)
The schedule of fees is as follows:
(1)-(16)
(No change.)
(17)
training program application fee - $350
(the
application fee for training programs accredited by the Texas Higher Education
Coordinating Board shall be waived)
;
(18)
training program amendment fee - $40
(the amendment
fee for training programs accredited by the Texas Higher Education Coordinating
Board shall be waived)
;
(19)
training program renewal fee - $150
(the renewal
fee for training programs accredited by the Texas Higher Education Coordinating
Board shall be waived)
;
(20)-(21)
(No change.)
§143.7.Types of Certificates and Applicant Eligibility.
(a)
General. The purpose of this section is to set out the
types of certificates issued and the qualifications of applicants for certification
as a medical radiologic technologist (MRT) or limited medical radiologic technologist
(LMRT).
(1)-(3)
(No change.)
(4)
A person certified as an MRT or LMRT shall carry or
display the original certificate or current identification card at the place
of employment. Photocopies shall not be carried or displayed [
(5)
A person certified as an MRT or LMRT
shall only allow his or her certificate to be copied for the purpose of verification
by employers, licensing boards, professional organizations and third party
payors for credentialing and reimbursement purposes. Other persons and/or
agencies may contact the board's office in writing or by phone to verify certification.
(6)
[
(7)
[
(b)-(e)
(No change.)
(f)
Limited medical radiologic technologist. To qualify for
a limited certificate, an applicant shall meet the requirements in paragraph
(4) of this subsection and subsection (d) of this section.
(1)-(2)
(No change.)
(3)
Persons holding a limited certificate in one or more
categories may not perform radiologic procedures involving the use of contrast
media, utilization of fluoroscopic equipment, mammography, tomography,
mobile radiography
[
(4)
(No change.)
(g)-(j)
(No change.)
§143.8.Examinations.
(a)-(b)
(No change.)
(c)
Approved examination for the general certificate. A general
certificate shall be issued upon successful completion of the Nuclear Medicine
Technology Certification Board (NMTCB) examination or the appropriate examination
of the American Registry of
Radiologic
[
(d)
(No change.)
(e)
Applicants approved for the limited certification
examination will be allowed three attempts to pass the examination. The three
attempts must be made within a three- year period of time. When either three
unsuccessful attempts have been made or three years have expired, the individual
is no longer considered eligible under this section. To be eligible for an
additional examination the applicant must submit documentation indicating
completion of remedial activities. The fourth attempt must occur within the
one-year period following the third unsuccessful attempt. Those failing the
fourth attempt, or waiting longer than one year following the third unsuccessful
attempt, may only become eligible by re-entering and completing an approved
limited certification program. Upon the applicant's successful completion
of the examination, the department shall issue an approval letter for the
limited certificate.
(f)
[
(g)
[
(h)
[
(i)
[
(1)
Notification of examinees. Results of an examination prescribed
by the department but administered under the auspices of another agency will
be communicated to the applicant by the department, unless the contract between
the department and that agency provides otherwise.
(2)
Score release. The applicant is responsible for submitting
a signed score release to the examining agency or organization or otherwise
arranging to have examination scores forwarded to the department.
(3)
Deadlines. The department shall notify each examinee
of the examination results within 14 days of the date the department receives
the results.
(j)
[
§143.9.Standards for the Approval of Curricula and Instructors.
(a)-(c)
(No change.)
(d)
Application procedures for limited certificate programs
which are not accredited by JRCERT or JRCCVT. An application shall be submitted
to the department at least ten weeks prior to the starting date of the program
to be offered by a sponsoring institution. Official application forms are
available from the department and must be completed and signed by the program
director of the sponsoring institution's program. Program directors shall
be responsible for the curriculum, the organization of classes, the maintenance
and availability of facilities and records, and all other policies and procedures
related to the program or course of study.
(1)-(5)
(No change.)
(6)
The application shall include:
(A)-(H)
(No change.)
(I)
a letter or other documentation from the Texas Workforce
Commission, Proprietary Schools Section indicating that the proposed training
program has complied with or has been granted exempt status under the Texas
Proprietary School Act, Texas Education Code, Chapter 32 and 19 Texas Administrative
Code, Chapter 175
or verification of accreditation by the Texas Higher
Education Coordinating Board
; and
(J)
(No change.)
(7)-(10)
(No change.)
(e)
Curricula requirements. Each student must complete a curriculum
which meets or exceeds the following requirements:
(1)
(No change.)
(2)
a clinical practicum for each category of limited
curriculum is required. The practicum must include clinical instruction and
clinical experience under the instruction or direction of a practitioner and
an MRT or LMRT in accordance with the following chart.
Figure: 25 TAC §143.9(e)(2)
(A)-(B)
(No change.)
(C)
For the skull category, the 100 hours of clinical experience
must include a minimum of
4
[
(D)
(No change.)
(f)-(i)
(No change.)
(j)
Application procedures for limited certificate programs
accredited by JRCERT or JRCCVT.
(1)
(No change.)
(2)
The application must be notarized and shall be accompanied
by the following items:
(A)
(No change.)
(B)
a copy of the current accreditation issued to the program
by the JRCERT
or JRCCVT
;
(C)-(D)
(No change.)
§143.11.Continuing Education Requirements.
(a)-(b)
(No change.)
(c)
Content. All continuing education activities should provide
for the professional growth of the technologist.
(1)
At least 50% of the required number of hours must be activities
which are directly related to the use and application of ionizing forms of
radiation
to produce diagnostic images and/or administer treatment
to human beings for medical purposes.
For the purpose of this section,
directly related topics include, but are not limited to: radiation safety,
radiation biology and radiation physics; anatomical positioning; radiographic
exposure technique; radiological exposure technique; emerging imaging modality
study; patient care associated with a radiologic procedure; radiopharmaceutics,
pharmaceutics, and contrast media application; computer function and application
in radiology; mammography applications; nuclear medicine application; and
radiation therapy applications.
(2)-(3)
(No change.)
(d)
(No change.)
(e)
Additional acceptable activities. The additional activities
for which continuing education credit will be awarded are as follows:
(1)
successful completion or recertification in a cardiopulmonary
resuscitation course, basic cardiac life support course, or advanced cardiac
life support course during the continuing education period. Such successful
completion or recertification shall be limited to not more than
:
(A)
three hours credit during a renewal period[
(B)
six hours credit during a renewal period
for an advanced cardiac life support course;
(2)-(4)
(No change.)
(f)
Reporting of continuing education. Each MRT or LMRT is
responsible for and shall complete and file with the department at the time
of renewal or to be considered for renewal when in an extension, a continuing
education report form approved by the department listing the title, date and
number of hours for each activity for which credit is claimed. In the alternative,
a technologist may request an exemption as set out in subsection (j) of this
section or may submit a copy of the technologist's current and active annual
registration or credential card indicating that the technologist is in good
standing and not on probation in accordance with subsection (b)(8) of this
section, with a signed statement that the technologist completed during the
renewal period at least
50% of the required number of hours
[
(1)
At the time of renewal
[
(A)-(B)
(No change.)
(2)-(3)
(No change.)
(g)
(No change.)
(h)
Activities unacceptable as continuing education. The department
shall not grant credit for:
(1)-(9)
(No change.)
(10)
activities in accordance with subsection (e)(3) of
this section in excess of the one-time credit per topic of instruction or
in excess of a total of five contact hours during a continuing education period;
[
(11)
activities in accordance with subsection (e)(4) of
this section in excess of five contact hours during a continuing education
period
; or
[
(12)
activities that are an employment
requirement or concerning specific institutional policies and procedures.
(i)
(No change.)
(j)
Exemptions. The department will consider granting an exemption
from the continuing education requirement on a case-by-case basis if:
(1)-(2)
(No change.)
[
(3)
[
(4)
[
(5)
[
(6)
[
(k)-(m)
(No change.)
§143.14.Disciplinary Actions.
(a)-(b)
(No change.)
(c)
Engaging in unprofessional conduct means the following:
(1)-(32)
(No change.)
(33)
failing reasonably to protect the
certificate from fraudulent or unlawful use.
(d)-(j)
(No change.)
(k)
Pursuant to the Act, §2.15, the department
is authorized to assess an administrative penalty against a person who violates
the Act or this chapter.
§143.16.Dangerous or Hazardous Procedures.
(a)
Purpose. The purpose of this section is to identify the
radiologic procedures which are dangerous or hazardous and may only be performed
by a practitioner, medical radiologic technologist (MRT) or limited medical
radiologic technologist (LMRT). There are specific procedures identified in
subsections (b) and (c) of this section which may be performed by a registered
nurse (RN) or a [
(b)
Dangerous procedures identified. Unless otherwise noted,
the list of dangerous procedures which may only be performed by a practitioner
or MRT are:
(1)
(No change.)
(2)
administration of radio-pharmaceuticals, unless performed
by an RN or
physician assistant
[
(3)
radiation therapy, including
simulation and
brachytherapy;
(4)-(5)
(No change.)
(6)
fluoroscopy and/or fluorography, unless performed
by an LMRT with a certificate issued in the cardiovascular category, or by
an RN or
physician assistant
[
(7)
cineradiography
(including digital acquisition
techniques)
, unless performed by an LMRT with a certificate issued in
the cardiovascular category.
(c)
Hazardous procedures identified. Unless otherwise noted,
the list of hazardous procedures which may only be performed by a practitioner
or MRT are:
(1)-(4)
(No change.)
(5)
spine radiography, excluding lumbar
oblique views performed by an RN or physician assistant who performs the procedure
under the supervision of a practitioner;
(6)
[
(7)
[
(8)
[
(9)
[
(d)-(h)
(No change.)
(i)
Effective date.
(1)
(No change.)
(2)
[
(j)
(No change.)
§143.17.Mandatory Training Programs for Non-Certified Technicians.
(a)-(b)
(No change.)
(c)
Instructor qualifications
[
(1)
An instructor(s) shall have education and not less
than six months classroom or clinical experience teaching the subjects assigned,
shall meet the standards required by a sponsoring institution, if any, and
shall meet at least one or more of the following qualifications:
[
(A)
be a currently certified MRT who is also
currently credentialed as a radiographer by the American Registry of Radiologic
Technologists (ARRT);
(B)
be a currently certified LMRT (excluding
a temporary certificate) whose limited certificate category(ies) matches the
category(ies) of instruction and training; or
(C)
be a practitioner who is in good standing
with all appropriate regulatory agencies including, but not limited to, the
department, the Texas State Board of Chiropractic Examiners (BCE), Texas State
Board of Medical Examiners (BME), or Texas State Board of Podiatry Examiners
(BPE), the Texas Department of Human Services, the United States Department
of Health and Human Services.
(2)
(No change.)
(d)-(e)
(No change.)
(f)
Application materials. The application shall include, at
a minimum:
(1)-(9)
(No change.)
(10)
a letter or other documentation from the Texas Workforce
Commission, Proprietary Schools Section indicating that the proposed training
program has complied with or has been granted exempt status under the Texas
Proprietary School Act, Texas Education Code, Chapter 32 and 19 Texas Administrative
Code, Chapter 175
. If approval has been granted by the Texas Higher Education
Coordinating Board, a letter or other documentation from the Texas Workforce
Commission, Proprietary Schools Section is not necessary
; and
(11)
(No change.)
(g)-(i)
(No change.)
[(j)
[
[
Previously completed training shall be
acceptable only if it was:]
[
completed at an education program approved
under §143.9 of this title;]
[
live, interactive, and instructor-directed
and meets the requirements for acceptance as continuing education credit for
MRTs and LMRTs as set out in §143.11 of this title (relating to Continuing
Education Requirements); or]
[
accepted for continuing education credits by
the Board of Nurse Examiners.]
[
If a person has completed part of
the training described in subsection (d) of this section, the program director
of the training program shall verify that the previously completed hours comply
with this section.]
[
If a person has completed all of the training
described in subsection (d) of this section, the department shall verify that
the previously completed hours comply with this section at the time of the
person's placement on the registry.]
[
Verification of previously completed training
shall be made by reviewing only original certificates, official transcripts,
printed course curriculum, syllabi, outlines or other documentation acceptable
to the department issued in the name of the person who is seeking credit for
previously approved training. Photocopied certificates or transcripts will
not be accepted for review.]
[
This subsection shall expire on January
1, 1998.]
[(k)
The Board of Health shall consider adopting
rules later this year to describe the training programs for RNs, PAS, and
podiatric procedures.]
§143.18.Registry of Non-Certified Technicians.
(a)
Purpose. The purpose of this section is to set out the
rules for administering the registry of non-certified technicians performing
radiologic procedures, established in accordance with the Medical Radiologic
Technologist Certification Act (Act), §2.05(a)(4). The purpose of the
department's registry is to provide a mechanism for consumers or employers
to ascertain or verify that a person performing radiologic procedures has
complied with the Act, §2.05(f) by successfully completing a training
program in accordance with §143.17 of this title (relating to Mandatory
Training Programs for Non-Certified Technicians)
or §143.20 of this
title (relating to Alternate Training Requirements)
.
(b)
(No change.)
(c)
Initial placement on the registry. In order to be listed
on the registry for the first time, the information described in subsection
(b) of this section shall be reported to the Texas Department of Health (department)
by the training program approved under §143.17
or §143.20
of this title after the person's successful completion of the training. A
person who has completed all the training program through previously completed
courses in accordance with §143.17(j) of this title may apply directly
to the department to be placed on the registry.
(d)-(h)
(No change.)
§143.19.Hardship Exemptions.
(a)-(b)
(No change.)
(c)
Required application materials.
(1)-(3)
(No change.)
(4)
The application must include a list
of the person(s) performing radiologic procedures who is not a MRT, LMRT,
or NCT.
(5)
[
(A)
if the applicant is unable to attract or retain an MRT
or LMRT, a sworn affidavit describing in narrative form the applicant's attempts
to attract and retain an MRT or LMRT at a comparable salary for the area;
(B)
if the applicant is located more than 50 highway miles
from the nearest school of medical radiologic technology approved in accordance
with §143.9 of this title (relating to Standards for the Approval of
Curricula and Instructors), a sworn affidavit describing in narrative form
the physical address of the nearest school of medical radiologic technology;
the physical address of the applicant hospital, FQHC, or primary practice
location of the practitioner; and the actual distance in highway miles between
the school and the applicant hospital, FQHC, or practitioner's primary practice.
The applicant shall include a map of the area clearly indicating the locations
of each entity;
(C)
if the nearest school of medical radiologic technology
approved in accordance with §143.9 of this title has a waiting list of
school applicants due to a lack of faculty or space, a sworn affidavit from
the applicant indicating that admissions to the school are pending because
of a lack of faculty or space;
(D)
if the need for graduates in medical radiologic technology
of the applicant exceeds the number of graduates from the nearest school of
medical radiologic technology approved in accordance with §143.9 of this
title, a sworn affidavit from the applicant indicating that the number of
graduates from the nearest school does not meet the applicant's needs for
radiologic technologists;
(E)
if emergency conditions have occurred during the 90 days
prior to making application for the hardship exemption, a sworn affidavit
from the applicant describing the emergency conditions, the hardship(s) the
emergency conditions have created and how long the hardship(s) is anticipated
to continue. For the purposes of this subparagraph, emergency conditions may
include a disaster, epidemic, or other catastrophic event;
(F)
documentation that the United States government has declared
a state of war;
(G)
if the equipment operated is a bone densitometry unit(s)
which utilizes x-radiation, a sworn affidavit from the applicant indicating
the name of the person operating the equipment and proof that the person is
a certified densitometry technologist in good standing with the International
Society for Clinical Densitometry (ISCD) or has completed at least 20 hours
of training as follows:
(i)
specific bone densitometry equipment utilizing x-radiation
to be used by the operator--16 hours presented by a medical radiologic technologist
(MRT) or an equipment applications specialist knowledgeable of the specific
equipment to be utilized; and
(ii)
radiation safety and protection for the patient, self
and others--four hours presented by an MRT or a licensed medical physicist
within the 24-month period prior to application or reapplication for a hardship
exemption;
(H)
if the applicant uses only a hand-held fluoroscope with
a maximum operating capability of 65 kilovolts and 1 milliampere, or a similar
type of x-ray unit for imaging upper extremities only, at the location indicated
on the application form and the applicant believes that the radiation produced
by the radiographic equipment represents a minimal threat to the patient and
the operator of the equipment, the following is required to be submitted:
(i)
a copy of the current certificate of registration issued
by the Bureau of Radiation Control; and
(ii)
a sworn affidavit describing the equipment used; the types
of radiographs performed; the training completed by the operator of the equipment
within the 24-month period prior to application or reapplication for a hardship
exemption; the date(s) the training was completed by the operator; the radiation
safety measures taken for the patient, operator and others; the level or amount
of supervision provided by an MRT or a practitioner(s) to the operator while
performing the radiographic procedure; and the equipment manufacturer's specifications
for the diagnostic radiographic equipment utilized at the location indicated
on the application form, including the maximum operating capability;
(I)
if the applicant employs, for the purpose of performing
radiologic procedures, a person registered in accordance with rules adopted
under §2.08 of the Act on or before January 1, 1998, a sworn affidavit
indicating the name(s) of the person(s) and proof that the person(s) was registered
on or before January 1, 1998. Such affidavit shall be on a form attesting
that the training under §143.17 of this title (relating to Mandatory
Training Programs for Non-Certified Technicians) or §143.20 of this title
(relating to Alternate Training Requirements) causes a fiscal hardship for
the applicant. The affidavit shall include a statement that the person(s)
performing radiologic procedures is adequately supervised and trained for
the procedures being performed. If the applicant is a practitioner or FQHC,
the person who will perform radiologic procedures must be registered in accordance
with rules adopted under §2.08 of the Act at the time of application
for the hardship exemption. If the person who will perform radiologic procedures
is not an RN, the name of the practitioner for whom the radiologic procedures
are performed, as named on the current registration permit, shall match the
name or location of the applicant for whom the hardship is granted;
(J)
if the applicant is a hospital accredited by the Joint
Commission on the Accreditation of Health Care Organizations or which participates
in the federal Medicare cost reimbursement program, an original letter on
hospital letterhead stating the name(s) of the person(s) performing radiologic
procedures in compliance with § 2.07(d) of the Act on or before January
1, 1998. The letter shall be accompanied by a sworn affidavit from the applicant
attesting that the training under §143.17 or §143.20 of this title
causes a fiscal hardship for the applicant. The affidavit shall include a
statement that the person(s) performing radiologic procedures is adequately
supervised and trained for the procedures being performed;
[(K)
if the applicant employs for the purpose
of performing radiologic procedures, a person enrolled on or before December
31, 1997, in a training program approved by the department under §143.17
of this title or §143.20 of this title. Applications under this hardship
postmarked after October 31, 1998, will not be processed. This subparagraph
and all letters of exemption issued under this subparagraph shall expire on
December 31, 1998. The following items must be submitted:]
[
a sworn affidavit indicating the name(s) of
the person(s) enrolled in training on or before December 31, 1997, and attending
classes at the time of application;]
[
an original verification statement from a
department approved training program indicating that the person(s) named in
the hardship application was enrolled on or before December 31, 1997, and
was currently attending classes. The enrollment and attendance verification
must be dated within 15 days of the date of application under this section
to the department; and]
[
proof that the person(s) was registered in
accordance with rules adopted under §2.08 of the Act at the time of enrollment
or at the time of application under this section, if the applicant is a practitioner
or FQHC; or]
(K)
[
(i)
a sworn affidavit indicating the name(s) of the person(s)
who will perform radiologic procedures pursuant to this hardship exemption;
(ii)
a sworn affidavit or other documentation stating the person(s)
had at least one year of experience performing radiologic procedures between
January 1, 1993, and July 1, 1998;
(iii)
an original verification statement, certificate of completion
or transcript indicating that the person(s) named in the hardship exemption
application has completed or will complete by July 31, 1999, a four-hour course
of study in radiation safety and protection. Documentation of completion of
the four-hour course of study in radiation safety and protection shall be
submitted prior to placement on the department's registry under §143.18
of this title (relating to the Registry of Non-Certified Technicians);
(iv)
if the applicant is a practitioner or FQHC, proof that
the person(s) was registered in accordance with rules adopted under §2.08
of the Act at the time of application under this section;
(v)
an acknowledgment that the persons performing radiologic
procedures, as an alternative to training, will take and pass the core section
of the limited certificate examination, as described in §143.8 of this
title (relating to Examinations) covering radiation protection, radiographic
equipment operation and maintenance, image production and evaluation, and
patient care and management. An examination candidate must pass the examination
on or before July 1999. A person who passes the examination described in this
clause shall be included on the department's registry under §143.18 of
this title. A person listed on the registry is not required to complete the
training described in §143.17 of this title or §143.20 of this title.
A person who does not pass the examination by the third attempt will be notified
by the department that the person may no longer perform radiologic procedures
under this hardship exemption. The following shall apply to this hardship
exemption and the special examination administered under this clause:
(I)
the passing score shall be an unscaled 55;
(II)
a schedule of examinations indicating the dates, locations,
fees, examination application procedures, and application deadlines will be
provided to the person(s) named on the hardship exemption application as person(s)
performing radiologic procedures;
(III)
a maximum of three examination attempts shall be allowed
for each person covered by the hardship exemption;
(IV)
all examination application fees are non-refundable and
must be paid by the examination application deadlines established by the department.
A person who applied for a specific examination and who failed to appear for
the examination shall forfeit the examination fee, even if notification is
made prior to the examination that the person will be unable to take the examination;
(V)
applications under this hardship exemption may be postmarked
up to and including October 31, 1998; and
(VI)
in no event shall any letters of exemption issued under
this subparagraph extend beyond the expiration date of October 1, 1999. If
the person(s) performing radiologic procedures does not apply for the examination
to be administered on July 1999, the hardship exemption will expire on the
examination application deadline which is two months prior to that examination.
(6)
[
(7)
[
(d)-(g)
(No change.)
§143.20.Alternate Training Requirements.
(a)
Purpose. The purpose of this section is to set out the
minimum standards for registered nurses (RNs), physician assistants [
(b)
Instructor direction required. All hours of the training
program completed for the purposes of this section must be live and interactive
and directed by an approved instructor. Distance learning activities and audiovisual
teleconferencing may be utilized, provided these include two-way, interactive
communications which are broadcast or transmitted at the actual time of occurrence.
Appropriate on-site supervision of persons participating in the distance learning
activities or teleconferencing shall be provided by the approved training
program. No credit will be given for training completed by self-directed study
or correspondence.
(1)
Effective January 1, 1998, before an RN or
physician
assistant
[
(2)-(3)
(No change.)
(c)
(No change.)
(d)
Training requirements for registered nurses and physician
assistants. A training program preparing RNs and
physician assistants
[
(1)
a minimum of
30
[
(A)-(C)
(No change.)
[
(2)
one or more of the following units of classroom
instruction in radiologic procedures:
(A)
(No change.)
(B)
spine (non-pediatric) -
10
[
(C)-(D)
(No change.)
(3)
if the RN or
physician assistant
[
(e)-(j)
(No change.)
[(k)
Previously completed training. A person
who has completed part or all of the training described in subsections (d)
or (e) of this section shall be considered to have completed an approved training
program for part or all of the training but shall be required to complete
the remainder of the training program described in subsections (d) or (e)
of this section prior to the person's placement on the registry, as set out
in §143.18 of this title (relating to Registry of Non-Certified Technicians).]
[
Unless the person is an RN or PA, the previously
completed training shall be acceptable only if completed within two years
of the time of the person's initial placement on the registry.]
[
Previously completed training shall be
acceptable only if it was:]
[
completed at an education program approved
under §143.9 of this title (relating to Standards for the Approval of
Curricula and Instructors) or §143.17 of this title;]
[
live, interactive, and instructor-directed
and meets the requirements for acceptance as continuing education credit for
medical radiologic technologists or LMRTs as set out in §143.11 of this
title (relating to Continuing Education Requirements); or]
[
accepted for continuing education credits by
the Board of Nurse Examiners.]
[
If a person has completed part of
the training described in subsections (d) or (e) of this section, the program
direcator of the training program shall verify that the previously completed
hours comply with this section.]
[
If a person has completed all of the training
described in subsections (d) or (e) of this section, the department shall
verify that the previously completed hours comply with this section at the
time of the person's placement on the registry.]
[
Verification of previously completed training
shall be made by reviewing only original certificates, official transcripts,
printed course curriculum, syllabi, outlines or other documentation acceptable
to the department issued in the name of the person who is seeking credit for
previously approved training. Photocopied certificates or transcripts will
be not accepted for review.]
[
This subsection shall expire on January
1, 1998.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
February 12, 1999.
TRD-9900937
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: April 4, 1999
For further information, please call: (512) 458-7236
Subchapter A. Miscellaneous Provisions
Chapter 14.
County Indigent Health Care Program
Texas Civil Statutes, Article 6252-33
],
concerning state agency advisory committees.
1999
], the board will initiate and complete a review of the committee
to determine whether the committee should be continued, consolidated with
another committee, or abolished. If the committee is not continued or consolidated,
the committee shall be abolished on that date.
two
] consumer and
seven
[
nine
] other representatives appointed by the board.
committee
] shall
appoint
[
elect
] a presiding officer and
an assistant presiding officer
to begin serving on July 1 of each odd-numbered
year
[
at its first meeting after August 31st of each year
].
next regular election
of officers
].
elected
] to complete the unexpired portion of the term
of the office of presiding officer.
A vacancy which occurs in the offices of presiding
officer or assistant presiding officer
] may be filled
temporarily
by vote of the committee until a successor if appointed by the chairman of
the board
[
at the next committee meeting
].
Each
] meeting of the committee shall be announced and
conducted in accordance with the Open Meetings Act, Texas Government Code,
Chapter 551
, with the exception that the provisions allowing executive
sessions shall not apply.
(4)
The attendance records of the members
shall be reported to the board. The report shall include attendance at committee
and subcommittee meetings.
]
, and any amendments
to this section requested by the committee
].
January
]. It shall be signed by the presiding officer
and appropriate department staff.
Texas Civil
Statutes, Article 6252-33
], a committee member may receive reimbursement
for the member's expenses incurred for each day the member engages in official
committee business
if authorized by the General Appropriations Act or
budget execution process
.
Chapter 29.
Purchased Health Services
DME
] must meet the following requirements
to qualify for reimbursement under Medicaid home health services.
Chapter 37.
Maternal and Child Health Services
Chapter 39.
Primary Health Care Services Program
Chapter 115.
Home and Community Support Services Agencies
Texas Civil Statutes, Article 6252-33
],
concerning state agency advisory committees.
(3)
]The committee shall carry
out any other tasks given to the committee by the board.
1999
], the board will initiate and complete a review of the committee
to determine whether the committee should be continued, consolidated with
another committee, or abolished. If the committee is not continued or consolidated,
the committee shall be abolished on that date.
agreement of Texas Department of Health (department)
] staff
,
[
and either
] the presiding officer
,
or any three members
of the committee.
Each
] meeting of the committee shall be announced and
conducted in accordance with the Open Meetings Act, Texas Government Code,
Chapter 551
, with the exception that the provisions allowing executive
sessions shall not apply
.
(4)
The attendance records of the members
shall be reported to the board. The report shall include attendance at committee
and subcommittee meetings.
]
, and any amendments
to this section requested by the committee
].
January
]. It shall be signed by the presiding officer
and appropriate department staff.
A
] committee member may [
not
] receive reimbursement for the
member's expenses incurred for each day the member engages in official business
[
unless allowed under the Texas Civil Statutes, Article 6252-33
]
if authorized by the General Appropriations Act or budget execution process
.
Texas Civil Statutes, Article 6252-33
],
concerning state agency advisory committees.
1999
], the board will initiate and complete a review of the committee
to determine whether the committee should be continued, consolidated with
another committee, or abolished. If the committee is not continued or consolidated,
the committee shall be abolished on that date.
jointly appointed by the board and the BNE
]. The members of the
committee shall be appointed as follows:
(1)
] one representative from the
BNE and one representative from the Texas Department of Health (department);
(2)
] one representative from the
Texas Department of Mental Health and Mental Retardation;
(3)
] one representative from the
Texas Department of Human Services;
(4)
] one representative from the
Texas Nurses Association;
(5)
] one representative from the
Texas Association for Home Care, Incorporated, or its successor;
(6)
] one representative from the
Texas Hospice Organization, Incorporated, or its successor;
(7)
] one representative of the Texas
Respite Resource Network or its successor; and
(8)
] two representatives of organizations
such as the Personal Assistance Task Force or the Disability Consortium that
advocate for clients in community-based settings.
Each
] meeting of the committee shall be announced and
conducted in accordance with the Open Meetings Act, Texas Government Code,
Chapter 551
, with the exception that the provisions allowing executive
sessions shall not apply
.
(4)
The attendance records of the members
shall be reported to the board. The report shall include attendance at committee
and subcommittee meetings.
]
in sufficient detail to allow each
agency to report to the legislative budget board pursuant to Texas Revised
Civil Statutes Annotated, Article 6252-33, §7
].
, and any amendments
to this section requested by the committee
].
January
]. It shall be signed by the
co-chairmen and appropriate department staff.
Texas Revised Civil Statutes Annotated, Article 6252-33, §4
], a
committee member shall [
not
] be reimbursed for expenses incurred
for each day the member engages in official committee business if authorized
by the General Appropriations Act or budget execution process.
Chapter 143.
Medical Radiologic Technologists
and
] hardship exemptions
; and alternate training
requirements
.
and
] chiropractic
and cardiovascular
.
but may
be kept in a file
].
(5)
] No one shall display,
present, or carry a certificate or an identification card which has been altered,
photocopied, or otherwise reproduced.
(6)
] No one shall make any
alteration on any certificate or identification card issued by the department.
bedside radiography
], nuclear medicine,
and/or radiation therapy procedures. However, a person holding a limited certificate
in the cardiovascular category may perform radiologic procedures involving
the use of contrast media and fluoroscopic equipment for the purposes of diagnosing
or treating a disease or condition of the cardiovascular system.
Clinical Radiography
] Technologists (ARRT). The three disciplines are radiography, nuclear
medicine technology, and radiation therapy technology. Determination of the
appropriate examination shall be made on the basis of the type of educational
program completed by the general temporary certificate holder.
(e)
] Examination schedules. A schedule
of examinations indicating the date(s), location(s), fee(s) and application
procedures shall be provided by the agency or organization administering the
examination(s) for the department to each person issued any temporary certificate
or approved under the provisions of §143.15 of this title.
(f)
] Standards of acceptable performance.
The scaled score to determine pass or fail performance shall be 75.
(g)
] Completion of examination application
forms. Each applicant shall be responsible for completing and transmitting
appropriate examination application forms and paying appropriate examination
fees by the deadlines set by the department or the agency or organization
administering the examinations prescribed by the department.
(h)
] Results.
(i)
] Refunds. Examination fee refunds
will be in accordance with policies and procedures of the department or the
agency or organization prescribed by the department to administer an examination.
No refunds will be made to examination candidates who fail to appear for an
examination.
15
] independently performed
procedures to include the skull (posterior/anterior, anterior/posterior, lateral
and occipital), paranasal sinuses, facial bones, and the mandible. At least
two procedures must be the mandible. Only one student shall receive credit
for any one radiologic procedure performed.
;
]
for a cardiopulmonary resuscitation course or basic cardiac
life support course; or
12 clock hours
] of continuing education directly related to the performance
of a procedure utilizing ionizing radiation for medical purposes
and
that no more than 50% of the required number of hours shall be verifiable
independent self-study activities
.
Following each
renewal month
] or at other times determined by the department, the department
will select a random sample of technologists to verify compliance with the
continuing education requirements. The technologists selected in the random
sample shall submit
at the time of renewal or
within 30 days following
notification from the department:
or
]
.
]
(3)
a technologist is a nonresident of
Texas for the entire renewal period and submits a sworn statement that the
continuing education requirements of the resident state or country have been
met;
]
(4)
] a technologist shows reasons
of health, certified by a licensed physician, that prevent compliance with
the continuing education requirement for the entire renewal period. The technologist
must complete and forward to the department a sworn affidavit and provide
documentation that clearly establishes the period of disability and resulting
physical limitations;
(5)
] a technologist submits
a sworn statement and shows reason which prevents compliance and the reason
is acceptable to the department; [
or
]
(6)
] a technologist is called
to or on active duty with the armed forces of the United States for the entire
renewal period and so long as the technologist does not administer a radiologic
procedure in a setting outside of the active duty responsibilities during
the time on active duty. The technologist must file a copy of orders to active
military duty with the department; or
(7)
] a technologist submits
proof of successful completion of an advanced level examination or an entry
level examination in another discipline of radiologic technology administered
by or for the ARRT during the renewal period. All examinations shall be topics
dealing with ionizing forms of radiation administered to human beings for
medical purposes.
certified
] physician assistant [
(PA)
]
trained under §143.17 of this title (relating to Mandatory Training Programs
for Non-Certified Technicians) or §143.20 of this title (relating to
Alternative Training Programs). A person trained under §143.17 or §143.20
of this title and placed on a registry under §143.18 of this title (relating
to Registry of Non-Certified Technicians) is not an MRT, LMRT or otherwise
certified under the Medical Radiologic Technologist Certification Act (Act)
and shall not perform a dangerous or hazardous procedure identified in this
section unless expressly permitted under this section.
PA
] who is appropriately
trained as authorized by the department's Bureau of Radiation Control for
licensure of radioactive materials;
PA
] who
assists in
the performance of
[
performs
] the procedure under the [
direction and
] supervision of a practitioner; and
(5)
] shoulder girdle radiographs,
excluding AP and lateral shoulder views, AP clavicle and AP scapula, unless
performed by an RN or
physician assistant
[
PA
] who performs
the procedure under the direction and supervision of a practitioner;
(6)
] pelvic girdle radiographs,
excluding AP or PA views;
(7)
] sternum radiographs, unless
performed by an RN or
physician assistant
[
PA
] who performs
the procedure under the direction and supervision of a practitioner; and
(8)
] radiographic procedures
which utilize contrast media, unless performed by an RN or
physician
assistant
[
PA
] who
assists in the performance of
[
performs
] the procedure under the [
direction and
] supervision
of a practitioner.
Until January 1, 1998, an RN or PA may perform
procedures listed in subsections (b)(2), (b)(6), (c)(5), (c)(7), or (c)(8)
of this section under the direction and supervision of a practitioner.
]
On or after January 1, 1998, an RN or
physician assistant
[
PA
] must be trained under §143.17 of this title or §143.20
of this title, or have been approved to perform radiologic procedures under
a hardship exemption granted under §143.19 of this title (relating to
Hardship Exemptions), in addition to performing the listed procedure under
the direction and supervision of a practitioner.
Subsections (b)(6) and
(c)(8) shall not be construed to authorize an RN or physician assistant to
independently perform fluoroscopy, fluorography or procedures utilizing contrast
media.
Approved instructors
].
For purposes of this section, an individual is approved by the Texas Department
of Health (department) to teach in a training program if the individual meets
the requirements of §143.9(h)(1)-(2) of this title (relating to Standards
for the Approval of Curricula and Instructors). The application for the training
program must demonstrate that the instructors meet the qualifications. No
application for individual instructor approval is required.
]
Previously completed training. A
person who has completed part or all of the training described in subsection
(d) of this section shall be considered to have completed an approved training
program for part or all of the training but shall be required to complete
the remainder of the training program described in subsection (d) of this
section prior to the person's placement on the registry, as set out in §143.18
of this title (relating to Registry of Non- Certified Technicians).
]
(1)
Unless the person is a registered nurse
or certified physician assistant, the previously completed training shall
be acceptable only if completed within two years of the time of the person's
initial placement on the registry.
]
(2)
(A)
(B)
(C)
(3)
(4)
(5)
(6)
(4)
] The application shall
be accompanied by one or more of the following:
(i)
(ii)
(iii)
(L)
] if the applicant employs for
the purpose of performing radiologic procedures, a person who had at least
one year of experience performing radiologic procedures and who, by July 31,
1999, has completed four hours of study in radiation safety and protection
in a program approved by the department under §143.9 of this title, §143.11
of this title (relating to Continuing Education Requirements), §143.17
of this title, or §143.20 of this title, or provided by a person who
meets the requirements of §143.9(h)(1)-(2) of this title, excluding the
phrase, "the subjects assigned." This subparagraph shall expire October 1,
1999. The following items must be submitted:
(5)
] All application
materials and information are subject to verification by the department.
(6)
] The department shall
send a written notice listing the additional materials required to an applicant
whose application is incomplete. An application not completed within 30 days
after the date of the written notice shall be invalid unless the applicant
has advised the department of a valid reason for the delay.
(PAs)
] and podiatric medical assistants (PMAs).
PA
] performs a radiologic procedure, the RN or
physician assistant
[
PA
] must complete the hours stated in
subsection (d) of this section, or the hours stated in §143.17 of this
title (relating to Mandatory Training Programs for Non-Certified Technicians).
PAs
] to perform radiologic procedures shall be designed
to build on the health care knowledge base and skills acquired through completion
of an educational program that qualifies the person for licensure as an RN
or
physician assistant
[
PA
]. The training shall consist
of:
32
] classroom hours
of coursework that are fundamental to diagnostic radiologic procedures covering
all of the following items:
(D)
methods of patient care and management
essential to radiologic procedures, excluding CPR, BCLS, ACLS and similar
subjects - 2 classroom hours; and
]
eight
]
classroom hours;
PA
] will perform pediatric radiologic procedures other than extremities,
a minimum of two classroom hours for each of the areas identified in paragraph
(2)(A)-(C) of this subsection.
(1)
(2)
(A)
(B)
(C)
(3)
(4)
(5)
(6)
Chapter 181.
Vital Statistics