Bill Text: TX HB3878 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the requirement to obtain a license to practice as an anesthesiologist assistant; providing an administrative penalty; authorizing fees.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2019-04-04 - Left pending in subcommittee [HB3878 Detail]

Download: Texas-2019-HB3878-Introduced.html
  86R1079 JCG-F
 
  By: Stucky H.B. No. 3878
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement to obtain a license to practice as an
  anesthesiologist assistant; providing an administrative penalty;
  authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 3, Occupations Code, is
  amended by adding Chapter 207 to read as follows:
  CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 207.001.  DEFINITIONS. In this chapter:
               (1)  "Anesthesiologist" means a physician licensed by
  the Texas Medical Board who specializes in anesthesiology.
               (2)  "Anesthesiologist assistant" means a person who
  holds a license issued under this chapter.
               (3)  "Anesthesiologist assistant board" means the
  Texas Anesthesiologist Assistant Board.
               (4)  "Medical board" means the Texas Medical Board.
  SUBCHAPTER B. TEXAS ANESTHESIOLOGIST ASSISTANT BOARD
         Sec. 207.051.  ANESTHESIOLOGIST ASSISTANT BOARD. (a) The
  Texas Anesthesiologist Assistant Board is an advisory board to the
  medical board.
         (b)  The anesthesiologist assistant board consists of five
  members appointed by the president of the medical board as follows:
               (1)  two anesthesiologist assistants;
               (2)  two anesthesiologists;  and
               (3)  one member who represents the public and is not
  licensed or trained in a health care profession.
         (c)  Appointments to the anesthesiologist assistant board
  shall be made without regard to the race, color, disability, sex,
  religion, age, or national origin of the appointee.
         Sec. 207.052.  TERMS; VACANCIES. (a) Members of the
  anesthesiologist assistant board serve staggered six-year terms.  
  The terms of one or two members, as appropriate, expire on January
  31 each odd-numbered year.
         (b)  An anesthesiologist assistant board member who is an
  anesthesiologist assistant or anesthesiologist may not serve more
  than two consecutive terms.
         (c)  If a vacancy occurs during a member's term, the
  president of the medical board shall appoint a new member to serve
  the unexpired term.
         Sec. 207.053.  APPLICABILITY OF OTHER LAW.  (a)  Chapter
  2110, Government Code, does not apply to the anesthesiologist
  assistant board.
         (b)  Except as otherwise provided by this chapter, the
  anesthesiologist assistant board is subject to Chapters 551 and
  2001, Government Code.
         Sec. 207.054.  COMPENSATION; REIMBURSEMENT. An
  anesthesiologist assistant board member may not receive
  compensation for service on the anesthesiologist assistant board
  but is entitled to receive reimbursement under the General
  Appropriations Act for transportation and related expenses
  incurred while conducting the anesthesiologist assistant board's
  business.
  SUBCHAPTER C. POWERS AND DUTIES OF ANESTHESIOLOGIST
  ASSISTANT BOARD AND MEDICAL BOARD
         Sec. 207.101.  GENERAL POWERS AND DUTIES OF ANESTHESIOLOGIST
  ASSISTANT BOARD; MEDICAL BOARD APPROVAL. (a)  The anesthesiologist
  assistant board shall:
               (1)  adopt rules that are reasonable and necessary for
  the performance of the board's duties related to the regulation of
  anesthesiologist assistants under this chapter, as provided by
  Chapter 2001, Government Code; and
               (2)  take any action necessary to carry out the
  functions and duties of the board under this chapter.
         (b)  The medical board, by a majority vote, shall approve or
  reject each rule adopted by the anesthesiologist assistant board.
  If approved, the rule may take effect. If the rule is rejected, the
  medical board shall return the rule to the anesthesiologist
  assistant board for revision.
         Sec. 207.102.  GUIDELINES FOR EARLY INVOLVEMENT IN
  RULEMAKING PROCESS. (a) The anesthesiologist assistant board
  shall adopt guidelines to establish procedures for receiving input
  during the rulemaking process from individuals and groups that have
  an interest in matters under the anesthesiologist assistant board's
  jurisdiction. The guidelines must provide an opportunity for those
  individuals and groups to provide input before the anesthesiologist
  assistant board submits the rule to the medical board for approval.
         (b)  A rule adopted or approved by the medical board may not
  be challenged on the grounds that the anesthesiologist assistant
  board did not comply with this section. If the anesthesiologist
  assistant board was unable to solicit a significant amount of input
  from the public or affected persons early in the rulemaking
  process, the anesthesiologist assistant board shall state in
  writing the reasons why the anesthesiologist assistant board was
  unable to do so.
         Sec. 207.103.  POWERS AND DUTIES OF MEDICAL BOARD RELATING
  TO ANESTHESIOLOGIST ASSISTANTS. (a) The medical board shall
  administer and enforce this chapter.
         (b)  The medical board:
               (1)  may establish requirements to obtain an
  anesthesiologist assistant license, including education and
  training requirements, in addition to the requirements under
  Section 207.153;
               (2)  may establish examination requirements for an
  anesthesiologist assistant license in addition to the requirements
  under Section 207.153;
               (3)  shall prescribe application requirements for a
  license to practice as an anesthesiologist assistant and establish
  license renewal requirements and renewal dates;
               (4)  shall develop an approved program of mandatory
  continuing education and the manner by which attendance at all
  approved courses, clinics, forums, lectures, programs, or seminars
  is monitored and recorded;
               (5)  shall review and approve or reject each
  application for the issuance or renewal of a license; and
               (6)  shall establish procedures for disciplinary
  actions to deny, suspend, or revoke a license or otherwise
  discipline a license holder.
         Sec. 207.104.  RULES. (a) The medical board shall adopt
  rules consistent with this chapter to regulate anesthesiologist
  assistants and anesthesiologists who supervise anesthesiologist
  assistants.
         (b)  The rules adopted by the medical board must include
  requirements and limitations on the provision of anesthesia
  services by an anesthesiologist assistant as determined by the
  medical board to be in the best interests of patient health and
  safety, including:
               (1)  a requirement that an anesthesiologist assistant
  be supervised by an anesthesiologist who is actively engaged in
  clinical practice and available on-site to provide assistance to
  the anesthesiologist assistant;
               (2)  a limit on the number of anesthesiologist
  assistants and student anesthesiologist assistants an
  anesthesiologist may supervise, in accordance with any
  requirements of the Centers for Medicare and Medicaid Services; and
               (3)  a requirement that an anesthesiologist assistant
  shall maintain compliance with all continuing education
  requirements adopted by the medical board and with recertification
  requirements of the National Commission for Certification of
  Anesthesiologist Assistants or its successor organization.
         Sec. 207.105.  FEES. The medical board shall set and collect
  fees in amounts that are reasonable and necessary to cover the costs
  of administering and enforcing this chapter without the use of any
  other funds generated by the medical board.
  SUBCHAPTER D. LICENSE REQUIREMENTS
         Sec. 207.151.  LICENSE REQUIRED. A person may not practice
  as an anesthesiologist assistant in this state unless the person
  holds an anesthesiologist assistant license issued under this
  chapter.
         Sec. 207.152.  ISSUANCE OF LICENSE. The medical board shall
  issue a license to an applicant who:
               (1)  meets the eligibility requirements of Section
  207.153;
               (2)  submits an application on a form prescribed by the
  medical board; and
               (3)  pays the required application and licensing fees.
         Sec. 207.153.  ELIGIBILITY REQUIREMENTS. To be eligible for
  a license under this chapter, an applicant must:
               (1)  submit proof of completion of a graduate level
  training program accredited by the Commission on Accreditation of
  Allied Health Education Programs or its successor organization;
               (2)  pass a certifying examination administered by the
  National Commission for Certification of Anesthesiologist
  Assistants or its successor organization not later than 12 months
  from the date of completion of the training program required under
  Subdivision (1);
               (3)  submit proof of current certification from the
  National Commission for Certification of Anesthesiologist
  Assistants or its successor organization; and
               (4)  meet any additional qualifications adopted by rule
  by the medical board.
  SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
         Sec. 207.201.  SCOPE OF PRACTICE. (a)  An anesthesiologist
  assistant may assist the supervising anesthesiologist and perform
  duties delegated by the supervising anesthesiologist, including
  the development and implementation of a patient's anesthesia care
  plan that is consistent with the rules adopted under this chapter.
         (b)  An anesthesiologist assistant who assists an
  anesthesiologist is not considered to be engaged in the practice of
  medicine.
         (c)  This chapter does not limit or expand the scope of
  practice of a physician assistant.
         Sec. 207.202.  USE OF TITLE. (a) A person may not use the
  title "anesthesiologist assistant" or represent that the person is
  an anesthesiologist assistant unless the person holds a license
  issued under this chapter.  A person who violates this subsection is
  subject to an administrative penalty in an amount to be determined
  by the medical board.
         (b)  A student in an anesthesiologist assistant training
  program shall be identified as a student anesthesiologist assistant
  or an anesthesiologist assistant student. A student may not use or
  permit to be used on the student's behalf the term "intern,"
  "resident," or "fellow," or another term that identifies the
  student as a physician or surgeon.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the president of the Texas Medical Board shall appoint
  five members to the Texas Anesthesiologist Assistant Board in
  accordance with Chapter 207, Occupations Code, as added by this
  Act. In making the initial appointments, the president of the Texas
  Medical Board shall designate two members for terms expiring
  January 31, 2021, two members for terms expiring January 31, 2023,
  and one member for a term expiring January 31, 2025.
         SECTION 3.  Not later than June 1, 2020, the Texas Medical
  Board with the advice of the Texas Anesthesiologist Assistant Board
  shall adopt the rules, procedures, and fees necessary to administer
  Chapter 207, Occupations Code, as added by this Act.
         SECTION 4.  Notwithstanding Chapter 207, Occupations Code,
  as added by this Act, an anesthesiologist assistant is not required
  to hold a license under that chapter to practice as an
  anesthesiologist assistant in this state before September 1, 2020.
         SECTION 5.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2019.
         (b)  Sections 207.151 and 207.202, Occupations Code, as
  added by this Act, take effect September 1, 2020.
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