Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 184.
SURGICAL ASSISTANTS
22 TAC §184.4
The Texas State Board of Medical Examiners proposes new §184.4
concerning Surgical Assistants. The new section is proposed as a result of
House Bill 1183 of the 77th Legislature requiring the board to license and
regulate surgical assistants.
Elsewhere in this issue of the
Texas Register
the Texas State Board of Medical Examiners has withdrawn the previously
proposed version of §184.4, which appeared in the April 19, 2002, issue
of the
Texas Register
(27 TexReg 3300). The
new section is simultaneously proposed on an emergency basis elsewhere in
this issue of the
Texas Register
.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the section is in effect
there will be fiscal implications to state or local government as a result
of enforcing the rule as proposed. The Fiscal impact to those individuals
required to comply is as follows: $300 for processing licensure application
and $200 for annual renewal. Revenue to state: FY02 estimated at 500 applications
x $300 = $150,000; FY03 estimated at 500 renewals x $200 = $100,000 + new
applications which we are unable to estimate at this time.
Ms. Shackelford also has determined that for each year of the first five
years the section as proposed are in effect the public benefit anticipated
as a result of enforcing the section will be the licensing and regulation
of surgical assistants. There will be no effect on small businesses. There
will be no effect to individuals required to comply with the section as proposed.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The new section is proposed under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
The following are affected by the proposed new rule: Title 3, Subtitle
C, Texas Occupations Code Annotated Chapter 206.
§184.4.Qualifications for Licensure.
(a)
Except as otherwise provided in this section, an individual
applying for licensure must:
(1)
submit an application on forms approved by the board;
(2)
pay the appropriate application fee;
(3)
certify that the applicant is mentally and physically able
to function safely as a surgical assistant;
(4)
not have a license, certification, or registration in this
state or from any other licensing authority or certifying professional organization
that is currently revoked, suspended, or subject to probation or other disciplinary
action for cause;
(5)
have no proceedings that have been instituted against the
applicant for the restriction, cancellation, suspension, or revocation of
certificate, license, or authority to practice surgical assisting in the state,
Canadian province, or uniformed service of the United States in which it was
issued;
(6)
have no prosecution pending against the applicant in any
state, federal, or Canadian court for any offense that under the laws of this
state is a felony;
(7)
be of good moral character;
(8)
not have been convicted of a felony or a crime involving
moral turpitude;
(9)
not use drugs or alcohol to an extent that affects the
applicant's professional competency;
(10)
not have engaged in fraud or deceit in applying for a
license;
(11)
pass an independently evaluated surgical assistant examination
approved by the board;
(12)
have been awarded at least an associate's degree at a
two or four year institution of higher education;
(13)
have successfully completed an educational program in
surgical assisting or a substantially equivalent educational program as outlined
in subparagraphs (A) and (B) of this paragraph;
(A)
A surgical assistant program or a substantially equivalent
program is limited to the following:
(i)
a surgical assistant program approved by the board. After
September 1, 2003, applicants who wish the board to recognize their education
and training at a surgical assistant program must demonstrate that the program
is in compliance with the guidelines for program accreditation established
by Commission on Accreditation of Allied Health Education Programs (CAAHEP);
(ii)
a medical school whereby the applicant can verify completion
of basic and clinical sciences coursework;
(iii)
a registered nurse first assistant program acceptable
to the board; and
(iv)
an accredited surgical physician assistant program acceptable
to the board.
(B)
The curriculum of a surgical assisting educational program
must include at a minimum, either as a part of that curriculum or as a required
prerequisite, successful completion of college level instruction in the following
courses, with the exception that clauses (iv) and (v) of this subparagraph
are not required to be college level instruction:
(i)
anatomy;
(ii)
physiology;
(iii)
basic pharmacology;
(iv)
aseptic techniques;
(v)
operative procedures;
(vi)
chemistry;
(vii)
microbiology;
(viii)
pathophysiology;
(ix)
clinical service rotations, that either:
(I)
are each at least 80 hours in length, in the following
areas:
(-a-)
cardiovascular surgery;
(-b-)
trauma surgery;
(-c-)
general surgery;
(-d-)
obstetrics and gynecology;
(-e-)
orthopedics;
(-f-)
pediatrics or an elective if the applicant affirms that
he or she has no intent to work as a surgical assistant for pediatric surgery;
or
(II)
meet the CAAHEP's supervised clinical preceptorship guidelines.
(14)
demonstrate to the satisfaction of the board the completion
of full-time work experience performed in the United States under the direct
supervision of a physician licensed in the United States consisting of at
least 2,000 hours of performance as an assistant in surgical procedures for
the three years preceding the date of the application;
(15)
be currently certified by a national certifying board
approved by the board; and
(16)
submit to the board any other information the board considers
necessary to evaluate the applicant's qualifications.
(b)
An applicant who submits an application before September
1, 2002 must provide documentation that the applicant has passed an examination
required for certification by one of the following certifying boards:
(1)
American Board of Surgical Assistants;
(2)
Liaison Council on Certification for the Surgical Technologist
(LCC-ST); or
(3)
National Surgical Assistant Association.
(c)
An applicant who submits an application before September
1, 2002 and is unable to meet the educational requirements set out in subsection
(a)(12) and (13) of this section must also provide documentation that the
applicant:
(1)
will complete before the third anniversary of the date
the license is issued under this chapter the following academic courses approved
by the board:
(A)
anatomy;
(B)
physiology;
(C)
basic pharmacology;
(D)
aseptic techniques;
(E)
operative procedures;
(F)
chemistry; and
(G)
microbiology; or
(2)
since September 30, 1995, has practiced full-time as a
surgical assistant in the United States under the direct supervision of a
physician licensed in the United States and has continuously been certified
as a surgical assistant by one of the following national certifying boards:
(A)
American Board of Surgical Assistants;
(B)
Liaison Council on Certification for the Surgical Technologist
(LCC-ST); or
(C)
National Surgical Assistant Association.
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 May 29, 2002.
TRD-200203336
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 305-7016
Chapter 201.
LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
22 TAC §201.3
The Texas Funeral Service Commission (Commission) proposes
new §201.3, concerning Expiration Dates for Licenses and Registrations.
The Commission proposes a new section to set expiration dates for licenses
and registrations and to prescribe penalties.
O.C. Robbins, Executive Director, has determined that for the first five
year period this section is in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the proposed section.
Mr. Robbins has also determined that for the first five year period this
section is in effect, the public benefit will be clarification of license
expiration and license renewal information for licensees.
Comments on the proposal may be submitted in writing for a 30 day period
to O.C. Robbins, Executive Director, Texas Funeral Service Commission, P.O.
Box 12217 Capitol Station, Austin, Texas 78711-1440, (512) 479-5064 (fax),
or chet.robbins@tfsc.state.tx.us. The staff will be available on the third
Thursday of the 30 day period after publication to hold a public hearing for
anyone wishing to make comments on the proposed new section.
The new section is proposed under Section 651.152 of the Texas
Occupations Code which authorizes the Commission to issue such rules and regulations
as may be necessary to effect the provisions of this Section.
No other statutes, articles or codes are affected by the proposed new rule.
§201.3.Expiration Dates for Licenses and Registrations.
(a)
Funeral Establishment and Commercial Embalming Establishment
License: The term of this license is one year expiring on September 30.
(b)
Cemetery and Crematory Registration: The term of this registration
is one year expiring on March 31.
(c)
Provisional license: The term of this license is one year
expiring on January 2.
(d)
Individual funeral director, embalmer, or dual license:
The term of this license is expiring on May 31 or November 30. The Commission
may issue an initial interim license for no more than six months covering
the period from the date of cancellation of a provisional license to the following
May 31 or November 30.
(e)
Licensees and registrants are responsible for the timely
renewal of their licenses and registrations.
(f)
A license or registration that is not renewed on or before
the renewal is subject to a late renewal penalty.
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 May 30, 2002.
TRD-200203345
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 936-2466
22 TAC §203.24
The Texas Funeral Service Commission (Commission) proposes
an amendment to §203.24, concerning Unprofessional Conduct.
The Commission proposes this amendment to include additional definitions
of unprofessional conduct, including interfering with a complainant or witness
and exhibiting disrespect for the dead.
O.C. Robbins, Executive Director, has determined that for the first five
year period this section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section. There is no anticipated economic cost to persons who are required
to comply with the proposed section, beyond what is already required under
the existing rule.
Mr. Robbins has also determined that for the first five year period this
section is in effect the public benefit will be the protection of complainants,
witnesses, or both, from harassment, threat, or retaliation by licensees.
There will be no effect on small businesses.
Comments on the proposal may be submitted in writing for a 30 day period
to O.C. Robbins, Executive Director, Texas Funeral Service Commission, P.O.
Box 12217 Capitol Station, Austin, Texas 78711-1440, (512) 479-5064 (fax),
or chet.robbins@tfsc.state.tx.us. The staff will be available on the third
Thursday of the 30 day period after publication to hold a public hearing for
anyone wishing to make comments.
The amendment is proposed under Section 651.152 of the Texas
Occupations Code which authorizes the Commission to issue such rules and regulations
as may be necessary to effect the provision of this Section.
No other statutes, articles or codes are affected by the proposed amendment.
§203.24.Unprofessional Conduct.
(a)
(No change.)
(b)
For the purpose of this section, unprofessional conduct
shall include but not be limited to:
(1)-(9)
(No change.)
(10)
attempting to influence the outcome of
any investigation or adjudicatory proceeding of or against a licensee by directly
communicating with a member of the Board of Commissioners prior to the final
disposition of the complaint;
(11)
attempting to influence a complainant
or witness in any complaint case to change the nature of the complaint, or
withdraw the complaint by means of coercion, harassment, bribery, or by force,
or threat of force; et
(12)
retaliating or threatening to retaliate
against a complainant who has filed a complaint with the Commission in good
faith;
(13)
exhibiting disrespect for dead human
bodies in violation of any Texas law governing the transportation, storage,
refrigeration, interment, or disinterment of the dead.
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 May 30, 2002.
TRD-200203346
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 936-2466
Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES